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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 European Review of Public Law is the property of European Public Law Organization 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.)

The anniversary of a century since adopting a fundamental law, a landmark of Romanian constitutionalism, offers a generous space to analyze the permanence of some values that constitute the „essential core" of the Romanian Constitution, qualified by the Constitutional Court as the „fundamental identity core". After brief clarifications concerning the concepts used, the study approaches constitutional identity from a historical perspective, with the Constitution of 1923 as the main benchmark and the relationship between national constitutional identity and European constitutional identity. Based on the analyzed aspects, common elements, and differences are highlighted, likely to foreshadow milestones for the constitutional evolution of the European Union. The purpose of the research approach concerns the outline of the concept of national constitutional identity, a key to the development of the European Union, as well as the identification of the competence limits and the margin of interpretation of the constitutional values subsumed by this notion. [ABSTRACT FROM AUTHOR]

The dialogue of the Courts in the European Union could be a veritable centripetal force of integration around the shared values that govern the European constitutional order. This dialogue must be supported by appropriate instruments, as the power regarding the constitutional review of international treaties is regulated by the Romanian Constitution and by other Constitutions of the Member States. However, in Romania, the legislative framework and the actors involved as possible referral subjects determine a purely decorative nature of the power to review international treaties before ratification. In this study, we will analyze the constitutional developments in the matter, outlining regulatory insights for the effectiveness of this power of the CCR and for the strengthening of the judicial dialogue in the EU. [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.)

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.)

The recent turmoil in the European constitutional space, caused by some decisions of the constitutional courts and the CJEU that have brought up again the juxtaposition of the final authority conflicting claims between these courts, and with it the debate over supremacy versus EU law, with all its consequences hence, they determined us to turn our attention to an institutional actor that influences, more or less visibly, constitutionalism in the EU, and which must also be included in the equation of these events: the Venice Commission. In this light, the study presents the landmarks of the emergence, development, increasing influence of the Venice Commission in the European space and the real ways in which it has exercised and still exercises a strong influence on the constitutional development and standardization of law in this space. [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.)

Copyright of European Review of Public Law is the property of European Public Law Organization 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.)

The involvement of the Advocate of the People in carrying out the constitutional review of normative acts, especially by formulating exceptions of unconstitutionality brought directly before the Constitutional Court, has recently experienced an interesting dynamic in Romania, very visible in the context of the exceptional situation caused by the COVID-19 pandemic. This involvement has had a strong social resonance, including in the business environment. Starting from this dynamic and impact, this article explores the duty of the Advocate of the People to notify the Constitutional Court regarding the constitutional review of normative acts and the way in which, over time, he used this powerful instrument of democracy. Based on the conclusions of this analysis, perspectives for strengthening the role of the Advocate of the People in constitutional review are examined, in the current context in which international bodies such as the European Commission and the Venice Commission are increasingly highlighting the role of the Advocate of the People in achieving the rule of law and the need for states to ensure the effectiveness of this role. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania 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 European Review of Public Law is the property of European Public Law Organization 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 European Review of Public Law is the property of European Public Law Organization 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.)

From the moment when the constitutional grounds for EU accession were built, the Constitutional Court of Romania has defined the principle of the supremacy of the Constitution within the national legal system. The European legislation may be used in the framework of the control of constitutionality of the national legal provisions, but only based on some cumulated criteria; it is the role of the Constitutional Court to identify it. Both the Constitutional Courts of the Member States and the ECJ have to define the national constitutional identity, which is a complex process and inherent tensions may appear. But the most important aspect is to respect the common interest of a stronger European Union, based on coherent and predictable jurisprudence, as well as common values and respect of constitutional identities. The way the Constitutional Courts address their preliminary questions to the ECJ offers various examples in this area and the response of the ECJ to the preliminary questions addressed by the Romanian Constitutional Court (Case C-673/16) is a relevant one. [ABSTRACT FROM AUTHOR]

Increasing integrity, reducing vulnerabilities and corruption risks in the business environment is a strategic goal. Its achievement implies specific measures such as the exchange of good practices in the implementation of integrity programs between the private and the public sector, the organization of regular public consultations between representatives of the public sector and the business sector on the national anticorruption agenda and the public policies with impact on the activity economic development of antibribery policies and programs developed at the level of companies, including by bringing them to the attention of potential contractors and suppliers and requiring compliance with equivalent standards, initiating dialogue with regulatory authorities in areas such as energy, mineral resources, to implement legal standards integrity. The present study is dedicated to the analysis of integrity issues in the business environment, to the specific measures adopted by the Romanian state in accordance with and in the application of international reference standards, as well as to the perspectives in this essential area of business law. [ABSTRACT FROM AUTHOR]

Copyright of European Review of Public Law is the property of European Public Law Organization 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.)

The existence and prosperity of any State is incompatible with the heterogeneous character of the internal public law. That is why all legislators of Greater Romania aimed to unify first of all our public law. Starting with the Constitution, following by administrative law and electoral law, it is obvious that the work of unifying our public law includes also such an important domain as criminal law. It is difficult to conceive that in a unitary state like ours, the laws that ensure public order and public peace differ from one region to another. On the basis of these considerations, the unification of our criminal law has imposed itself above all as an absolute necessity and as a natural completion to the general work of unification of our public law."1 Taking into account the importance of this unification, the study presents developments and benchmarks of edification of the criminal law on the Romanian territory, culminating with the adoption of the Criminal Code of 1936, a unique criminal code of Greater Romania. [ABSTRACT FROM AUTHOR]