Fiat Iustitia

11-16

Authors: Dan Perju-Dumbrava, Ioana Mic, Ovidiu Sorin Chiroban

The evaluation of the evidentiary value of scientific evidence is the assessment of thestrength of the link between a finding and a person. It is usually a statisticalassessment but its presentation is full of pitfalls. The evaluation of scientific evidencemust be based on an established methodology to both evaluate, expose and interpretthe evidence. The formidable expansion in the use of DNA has not only increased theextent of interaction between forensic scientists and lawyers but more importantly, ithas increased the relevance of socio‐legal and ethical perspectives in strategies forapplying forensic DNA techniques. Since its beginnings, DNA testing was surroundedby an aura of infallibility. Nevertheless, errors may occur. It is important tounderscore that DNA testing should be considered one more piece of evidence withinthe context of a criminal or forensic investigation, and that the judicial sentencesshould be based on the evidence as a whole and not just on the genetic studies.However judges, prosecutors and defenders, due in part to different educationalbackground as compared to scientists, may ignore potential restrictions concerningDNA profiling results.

26-30

Authors: Horea Crișan

Over the past decades, the concepts of common constitutional traditions and commonconstitutional principles have played a central role in the process ofconstitutionalization of the Union and the development of European constitutionallaw. More recently another and competing concept has begun to steel the spotlights:the concept of constitutional identity of each of the member states, which the Union isbound to respect. The concept has attracted the attention of many, yet crucialquestions remain unanswered, including those of its precise meaning and effects. Atthe same time, the role of common constitutional values, traditions and principles inthe development of the European Constitution, warrants further examination to explore its inherent value and role in a changing EU legal order.

38-45

Authors: Anca Georoceanu

The Financial Guard and the National Customs Authority will be assimilated into theNational Agency for Fiscal Administration, in the framework of which a newdepartment will be formed – the General Department fighting against tax‐relatedfraud, aimed to fighting against tax evasion, via anti‐fraud inspectors. When this newinstitution comes into being, the Financial Guard and the National Customs Authoritywill be dissolved. At the same time, fiscal inspectors will no longer function at countylevel; consequently, 8 regional offices will be established ‐ the new mega structureshall function via 8 regional offices instead the current 42 county offices. As a result,local and county offices will not cease to exist, still their tasks – support, theircapacity as tertiary credit accountant, planning, coordination and supervision duties– will be transferred at regional level.At present, the following still function within ANAF: the Financial Guard, the NationalCustoms Authority, the general directions of county public finances and the GeneralDepartment of Public Finances of Bucharest. After the fusion of the National CustomsAuthority and Financial Guard with ANAF, a new institution will be established,whose employees will activate in critical fields, precisely tax‐related fraud and fiscalinspection.The new anti‐fraud institution will fulfill both duties / tasks of ANAF, as well as thoseof the Financial Guard and the National Customs Authority following theestablishment of a single control mechanism meant to prevent parallelism and tosupervise the observance of fiscal laws, in order to prevent and fight against anyillegal acts; at the same time, this structure, via its employees, will take part in thedetection and fight against all activities which might generate fraud and tax evasion.The General Department fighting against tax‐related fraud will consist of 8centralized regional offices.

61-63

Authors: Ioana-Virginia Sasu Bolba

The present paper proposes to discuss the efficiency of legal norms, but not from the viewpoint of those who create them, but of those for whom they are made and supposed to act upon. This can be done either by interviewing people who had to do with the law, or approaching domains in which this aspect was analyzed. One of them undoubtedly is literature. From many literary examples of how legal norms act upon people, we chose Franz Kafka’s well‐known novel “The Trial”. The plot suggests that both laws and the way they are applied does not create the natural state of well being and justice, but, on the contrary, confusion, misunderstanding and eventually fear.The “efficiency” of laws consists, in the case we have chosen, in the main character being sentenced to death without being guilty or, even worse, without having thes lightest idea why he was brought to justice. For him being in a trial will be, like for the author himself, a great paradox.The conclusion of the novel is nevertheless exaggerated, but still we cannot avoid thinking how many of those being tried (not always being charged with murder,theft, rape, etc.) actually understand what is going on or what was the efficiency of legal norms in their particular case!

70-84

Authors: Liviu Ungur

The article is aiming to highlight the impact of the enforcement of LawNo. 134/2010, regarding the civil procedure code, upon the procedure inadministrative litigations.The approach is mainly theoretical, due to the short time that has passed since thenew law has been enforced. Our analysis targeted various aspects of the first courtjudgment, such as procedural capacity, the competence of courts, remedies,enforcement of judgements.