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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]

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]

Copyright of Transformations in Business & Economics is the property of Vilnius University 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 Penal Law Review is the property of Romanian Association of Penal Sciences 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 Penal Law Review is the property of Romanian Association of Penal Sciences 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 following study concerns the causes of inadmissibility in the Romanian constitutional jurisdiction. Thus, after a series of preliminary considerations, the authors examine, in detail, in the light of the case law of the Constitutional Court of Romania, the following: - the causes of inadmissibility regarding the legality of the referral; - the causes of inadmissibility in connection with the authors of the referral; - the causes of inadmissibility referring to the motivation of the referral; - other elements related to the legality of the referral; - the causes of inadmissibility concerning the extent of the control; - the causes of inadmissibility referring to the jurisdiction of the Constitutional Court. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept European 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.)

The practice of the constitutional jurisdiction court points out that the exercise of the constitutionality control does not lead only to the ruling of some simple solutions, by which the criticized text or texts of the law are found to be or not in compliance with the rules of the Fundamental Law. The complexity of this control, in close connection with the growing complexity of the regulations, but also with the desideratum of legal security, which must be equally considered in exercising the constitutionality control, makes that the solutions of the Constitutional Court be also expressed in different forms. This study makes an analysis of the decisions of the Constitutional Court pertaining to the category circumstantiated by the term „interpretative decisions“, in order to emphasize their importance and their role in the process of constitutionalization of law. Certainly, the achievement of constitutionality control involves, in itself, a process of interpretation and comparison of the constitutional rules and, respectively, of the infraconstitutional ones. Within the interpretative decisions, however, this comparative examination has a greater complexity, constituting an emphasis of more possible interpretations and the identification of the one which complies with the provisions of the Constitution. Such an analysis also raises for discussion the role of the Constitutional Court in the process of interpretation of the legal infraconstitutional rules, an interpretation facilitated by the provisions of the Fundamental Law, its basis and the limits of the jurisdiction of the Court. [ABSTRACT FROM AUTHOR]

This study sets some reference points for a new institution regulated by the Criminal Procedure Code – the judge of rights and freedoms – from a perspective which stresses its role in protecting the rights and fundamental freedoms, as they are established by the Constitution and by the international treaties on human rights to which Romania is a party. [ABSTRACT FROM AUTHOR]

The improvement of quality and the increase in the investments in the systems of education and vocational training represent strategic priorities on the level of L ' European Union, taken again such as they are also within the framework as of policies and of the Rumanian education system. In this context, university autonomy constitutes an important factor of adaptation of higher education and systems of research to the requirements in perpetual change, the requirements of the company and scientific progress. This results in requires to produce a legal framework who ensures, for the universities, an autonomy and a responsibility increased. [ABSTRACT FROM AUTHOR]

Copyright of Bucharest University Annals - Law Series is the property of CH Beck 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.)