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Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the context of an ever growing interest upon environmental protection issue, the study comprises an analyze of the organization and the effectiveness of the public sanitation services both at a union and a national level, starting from the premises of the two dedicated principles: the priority of selective waste collection and the principle „Pay-as-you-throw“, a practical application of a more general „the polluter pays“ principle. Both of these are going to be analyzed from a double perspective: the EU Law (Directive 2008/98/EC) and EU recommendations, on one side, the national law (Law no. 51/2006 of community services of public utilities, GEO no. 92/2021 regarding the waste regime, Law no. 101/2006 of the public sanitation services, Framework Regulation of the public sanitation services etc.), on the other. As this study will show, EU and national law are abundant in regulations determining and detailing these two principles: thus, the theory seems to be clear. These principles are no longer that clear when it comes to their concrete application, due to the lack of detailed rules. The selective waste collection remains, in fact, a simple wish, mostly because the users of the public sanitation service have not received previous proper instruction in this regard, as there are no concrete rules related to how to classify a waste into one of the paper/plastic and metal/glass/biodegradable categories. But also „The polluter pays“ principle is rather an illusion than a reality; even though national laws force its implementation, there are plenty of hurdles in applying it: the inadequate use of the available instruments that determines the waste produced by each individual, or to the difficulties related to condominiums. The article focuses on the analysis of all of these acute issues, taking into account two factual examples -- waste management in the Metropolitan Area of Cluj and Bucharest, -- proposing solutions attempting to ease the implementation of these two key principles concerning public sanitation services. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Our research aims to better understand how public institutions have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Law 140/2017 and the 2019 Administrative Code granted the civil servants the right of refusals to sign. These laws protects public sector employees when they raise flags over illegal activities within a government organization. The paper investigates the background procedure that enables effective exercise of refusals to sign right. We seek to better understand how public entities have implemented the rules that guarantee the effective exercise of the right of the civil servant to refuse to sign administrative acts. Trough data collection and analysis, we assess the performance of public entities legal counteractive measures such as the elaboration of the procedure and the book keeping of refusals to sign in a public register published on paper and digital. Our goal is to improve current situation and to make recommendations that lead to limitation of politics influence and ensure the neutrality of civil servants in the exercise of their duties. [ABSTRACT FROM AUTHOR]

The problem of collecting, managing, transporting and disposing hazardous waste is one of the most delicate challenges faced by the member states of the European Union. That is why this paper focuses on the hazardous waste, in a complex and comprehensive approach, referring to all the steps and operations that are undertaken in the aforementioned management process. Thus, the present study addresses the theoretical aspects of waste, starting with the concept of waste and continuing with waste classification, which will encourage a better understanding of its complexity. Thereafter, we shall emphasize the most important normative acts operating in this problematic field (all based on European legislation). The second part of the paper focuses on waste management, in the sense that we will refer to the hazardous substances registration, the labeling of products containing such substances, their transportation and storing, recycling and recovery (when it proves appropriate), as well as to the treatment and disposal (or neutralization) of hazardous substances. Given the importance of these activities which have great consequences on people's health and life, in the last part of the paper we shall refer to the necessary control over the way waste management is undertaken, especially concerning hazardous waste management. Likewise, references to more recently regulated issues will be enunciated, in relation to the extensive responsibility of the producer of goods containing hazardous substances for the environment and for human beings, so as to stimulate the production of environmental friendly goods and services as an essential component of the European Union's new intelligent environmental policies. [ABSTRACT FROM AUTHOR]

Recent judicial practice reveals the need to combat certain conduct of public officials with certain means of criminal law. Is abuse of office an efficient tool in that matter? This paper tries to provide some answers related to the regulation of the offense of abuse of office by reference to recent caselaw and elements of comparative law. The paper comes in the context of debates on the modification of the constitutive content of the offence and offers some proposals based on arguments related to Romanian and foreign caselaw, as well as international trends in this field. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

European regulations impose certain safeguards for defendants that are judged in absentia. In this view, it is possible that the trial is carried out in the absence of the accused as long as the overall proceeding is fair in the vision set out by the EU Directive 2016/343. This paper aims to analyse the guarantees granted to the defendant as imposed at the European level, taking into consideration the CJEU's and ECtHR's perception of a trial carried without the participation of the defendant. For this reason, the first part of the paper discusses a general overlook of an in absentia trial, while focusing on the problematic aspects appeared in practice. The final part, then, examines the perspective of an individual participating at the trial via videoconference. Throughout the study, great emphasis will be put on the Romanian national legislation, examining if it complies with the European regulations on this issue. [ABSTRACT FROM AUTHOR]

School and education in general are confused, lost somewhere between the excesses and perversions of laissez-faire democracy coupled with the après nous le déluge philosophy of libertine consumerism. Such manifestations are, unmistakable evidence of neoliberalism. Our great moral-axiological benchmarks, the voice of authority, respect for the specialist or reverence for the professional found themselves set aside by the postmodern spirit – the "anything goes" philosophy – to which we all obey as a fashion or a universal trend. Unfortunately, such fashion leaves deep traces in our very human evolution which is called into question by the latest developments, tendencies or trends. The positioning of the human being – as the crown of evolution –, although exaggerated by its excessive anthropocentrism, is challenged by the current evolution of machines and computers – faster, more efficient and infinitely more unpretentious. In this paper we want to review at least some aspects of the general field of education, understood as influencing and manipulation, aspects that point, if we squint a little beyond the immediate present, to the worrying destinations, worrying both from an ethical point of view and from a broader anthropological or ontological perspective. It seems that the human being ends up being "raised" or "educated" to "serve" the algorithms of the machine, be it a robot or a computer. From an ethical point of view, this should give us something to think about in the most serious way possible. From this perspective, the present paper is meant to be an alarm that invites, at least, to some fundamental moral inquiries and reflections regarding the question: "What should I do?". We believe that ethics – given its orientative mission and its teleological "regard" – is able to offer us at least some markers to navigate through the thicket of equivocal possibilities of informatics and the Internet. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper contains a description of the criminal justice system in Bulgaria, starting with the history of modern criminal regulations, current provisions, as well as the organization of judicial institutions. At the same time, the author comparatively analyses several institutions of criminal and criminal procedure law in the Bulgarian and Romanian systems. The analysed institutions refer to the judicial organization in the two countries, criminal prosecution, preliminary hearings, the evidence system, but also corruption and office offences. For the comparative analysis of the two criminal justice systems, we also considered the findings of the Venice Commission, the Court of Justice of the European Union, the European Court of Human Rights, but also those of the European Commission within the Cooperation and Verification Mechanism. The paper also contains the author's point of view regarding some legal provisions of the two countries, with reference to the effectiveness of the rules necessary to combat the criminal phenomenon, especially in relation to corruption offences. Last but not least, the paper addresses the matter of comparing legal institutions from different countries, with some arguments in favour of this difficult approach. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Public social protection services represent a beautiful, delicate and difficult field of public administration activities. This paper briefly presents the general legal framework of these social protection services, both in terms of organization and operation but also their monitoring and control, as well as some of the practical issues in this field. Based on them, we formulate some conclusions and propose solutions, which we consider effective at the moment. [ABSTRACT FROM AUTHOR]

As also anticipated by the title, the present study aims to analyze the concept of complicity seen from the perspective of the moment of consummation of the criminal offence. To be more precise, the purpose will be to find the last moment when an action or inaction of a person who aids the author in the commission of a criminal act can be considered an act of complicity, and beyond which it becomes an independent criminal offence. For the analysis of the proposed problem, we will take into consideration, during the analysis, an important classification transposed from the foreign legal literature, respectively that of the formal and material consummation of the crime. The paper will also discuss the compatibility of the aforementioned classification with the Romanian criminal legal system. Finally, the focus of the final part of the paper will be on several specific hypotheses of distinguishing a potential act of criminal participation from the independent criminal offence provided in Article 204 of the Romanian Criminal Code on impeding aid. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Far from setting an ambitious goal such as clarifying the origins of Germanic ordeals, this paper focuses on the relationship established between this type of legal structure and Christianity, one of the factors that shaped the physiognomy of „ordeal" or „God's judgment". Various opinions on this subject have been expressed in the German literature, although the influence of Christianity on the evolution of ordeals cannot be overlooked. On the one hand, it has been argued that the Germanic ordeals were formed on an Indo-European basis, although, according to other points of view, they were, in fact, the result of a loan from the Orient. Since different types of ordeals did not come into being simultaneously, some being older than others, the aim of this paper is to offer a critical approach on the manner in which the Christianity shaped two of the Germanic ordeals: the Abendmahlsprobe and the geweihten Bissensprobe. [ABSTRACT FROM AUTHOR]

In this paper we followed the analysis of the conditions and circumstances that fall within the scope of application in national law of the aggravating circumstances provided for in art. 13 para. (1), let. (c) and (d) of Law no. 143/2000 and the importance of their application in order to prevent the exploitation of minors either as victims, or as active subjects. In the desire to provide an exhaustive analysis, we could not limit our research and explanations of these concepts solely from the perspective of national law. In order to provide a more comprehensive picture of the scope of application, we found appropriate to present the vision of other European countries and, in some cases, to refer to the actions enforced to combat this phenomenon directed against minors at international level. [ABSTRACT FROM AUTHOR]

One can hardly find a judgement or a scholar paper that addresses the matter of the exclusionary remedy of unfair evidence, other than perusing the validity of evidentiary acts, the type of applicable procedural nullities and their different statutory regimes. Within this ambit, the entire topic of unfair evidence is discussed merely instrumentally, thereby the lack of a genuine sanctioning theory is explainable. The core rationale advocated in this essay is that sanctioning of unfair evidence may never be related to nullities, as the unfair evidence is, by default, a legal, but unlawful piece of evidence. We do consider so, because the fairness is a high-ranking virtue of licitness, designed to secure the rule of law in evidentiary criminal proceedings beyond the mere formal aspects - but, simultaneously, fraudulent, cunning or deceitful -, in compliance with the statutory law in force. Hence, the principle of evidentiary licitness is the underlying reason to explain why the exclusionary remedy set forth under the Criminal Procedure Code for the illegally gathered evidence is conceived a fortiori to be applicable to unfair evidence, quite unconditionally. All in all, we argue that, beyond its undeniable practical usefulness, the topic hereunder brings to light an efficient device aimed to refute any form of unreasonable legalism in the criminal trial, while attaining a reasonable level of conformity with the rule of law. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Traditional in public administration, the institution of the Mayor is perhaps the closest to the citizens. But the Mayor-Vice-Mayor tandem, formed after the local elections, does not always look like a „team". The present paper aims, starting from the existing legal framework, to present some practical situations in which the law remains tight or is tailored to other measures. We analyze the gaps in the regulation regarding the two institutions in some borderline cases - the resignation of the Mayor or his challenge by the citizens and we follow how the law manages to cover these situations. Finally, we bring a series of conclusions to our analysis, identifying possible solutions that we enunciate as proposals to amend the legislation in force. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to rediscuss the issue of political parties acting as claimants in administrative litigation lawsuits conducted according to Law no. 554/2004. It analyses the provisions of Law no. 554/2004 which define the injured person and the private legitimate interest, as well as the provisions of articles 1 and 2 of Law no. 14/2003, which regulates the scope and functions of political parties, thus invoking doctrinal approaches and relevant case law. It underlines the fact that, through Law no. 554/2004, the lawmaker has maintained the subjective litigation as a general rule and allowed for objective litigation cases as a matter of exception: the Prefect, as the issuing authority of the disputed act, the Public Ministry, the National Agency of Civil Servants. It argues that there are no legal provisions to the effect of allowing political parties - as legal persons of public law - to bring an objective litigation case to court so as to protect public legitimate interests, as the provisions of article 1 para. (8) of Law no. 554/2004 require. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Through this paper we intend to make a critical analysis of the European Commission's proposal to adopt a regulation on the establishment of an instrument of judicial cooperation in criminal matters aimed at obtaining electronic evidence directly from providers of electronic communications services operating in the territory of the Union, even in the conditions in which they do not have a proper seat in any of the Member States. More specifically, the regulation seeks to establish the possibility for a judicial body in a Member State to obtain data stored by an electronic communications service provider (e.g. internet services, telephony services, instant messaging and e-mail services, networks, etc.) without the need for the intervention of the authorities of the Member State in whose territory the provider is supposed to operate. The starting point was the joint statement of the Ministers of Justice and Home Affairs and the representatives of the European Union institutions on the terrorist attacks of 22 March 2016 in Brussels, which noted the low effectiveness of existing judicial cooperation instruments in obtaining electronic evidence. Although the purpose of this tool is to obtain data on various criminal activities in record time, allowing the rapid intervention of requesting judicial authorities, the mechanism designed under the auspices of the European Commission is not only atypical in relation to the forms of judicial cooperation in criminal matters existing at the moment, but also raises serious issues from the perspective of fundamental human rights. Therefore, this paper will be comprised of two parts: on the one hand, we will analyse the pillars on which the current system of European judicial cooperation in criminal matters is based and the relationship of this system with the sphere of human rights protection, and on the other hand, we will review, from a critical perspective, the provisions of the proposed regulation formulated by the European Commission. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A concern at the European level in recent years has been the attempt to increase mutual trust between Member States, in order to streamline the surrender system of those who have been convicted in other states, and therefore, judicial cooperation. This article aims to analyse the problems that arose from the application of the European Arrest Warrant regulations in the case of trials conducted in the absence of the convicted person. To begin with, this paper starts by discussing the general framework of the institution, so that the analysis of the problematic aspects is as clear as possible. The main issues examined concern Article 4a of Framework Decision 2009/299/JHA, namely the optional reason for non-execution of the European arrest warrant issued following a trial conducted in absentia. In the light of the previously analysed aspects, the final section of the study is focused on an examination on the possibility of such a process to be held in Romania as well. [ABSTRACT FROM AUTHOR]

One hundred EUR in your pocket, but now it's gone, stolen from you every year by criminals committing VAT fraud, taking advantage of a broken VAT system! Provided the calculations, 100 EUR times 500 million Europeans equals 50 billion EUR every year. That could have paid for lots of schools! How do the criminals do it? They set up shady companies to steal your tax money. They all disappear before authorities can catch them. It's called VAT Carousel Fraud. The same goods go round and round like a carousel, more money is stolen and it's happening to a great extent and, because of the current rules, it's not really easy to catch the fraudsters. Some of these people have been caught, but this is just the tip of the iceberg. Criminals use your money to buy sport cars and villas, and they also may be used to fund other criminal and, perhaps, terrorist activities. The rules of the game need to change and that is what the European Union is doing: changing the EU VAT system so it could stop criminals in their tracks and put your money back in your pockets. In this paper, we propose to bring forward an analysis of the current VAT system at the EU level, explain the Carousel Fraud using a real case study and describe the solutions that EU is considering in order to combat this type of fraud. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Incompatibility and conflict of interest of public servant are often confused in the mind of public opinion. If the ethical aspects are more obvious in first case, because they concern the public servant when, by virtue of the position he holds, he is to take a decision or participate in the taking of a decision regarding which he has a personal interest, in the second case, they may appear as non-existent because they strictly aim at prohibiting the occupation, in certain situations, of several functions at the same time. A current issue of the judicial practice is the implementation of the public servants’ incompatibilities during the suspension of their employment relationship. Our paper analyzes the existence and the causes of a non-unitary judicial practice, anticipating the possible problems under the current legislation and formulates proposals for its improvement. These would allow to avoid in the future the non-unitary administrative and judicial practice regarding the incompatibilities of public servant whose service report has been suspended, but also to adapt the behavior of the recipients of the law in order to prevent any possible situations of incompatibility, which would also cover ethical aspects of these situations. [ABSTRACT FROM AUTHOR]

In this paper, a presentation is made, through a comparative study, of some aspects related to a series of existing provisions, or not, in the Ethics Codes and the Regulations for the operation of the ethics commissions from different universities in Romania. For this purpose, a presentation is made of the various provisions contained in them regarding the governing principles of university ethical behavior, the possibility of reporting to the competent commissions and the aspects of the applicable procedure in the resolution of various cases brought before the legally established ethics commissions at the level of universities . As a result of the research, both negative and positive aspects are found and presented, which we discuss including through the research of the specialized literature. In the conclusions, some proposals for improving these provisions are presented. [ABSTRACT FROM AUTHOR]