Fiat Iustitia

20-34

Authors: Rodica-Diana Apan, Angela Miff

The case law study brought under analyze here was generated by the in concreto observation of the consequences induced by the misconduct of the participants in the validation of attachment procedure, in way that attenuated the consistency of the regulations in the field. From the examination of the case resulted two fundamental obligations that are incumbent on the participants in the enforcement proceedings, including by means of attachment, meant to ensure its efficiency: the obligation of information and the obligation of cooperation of the participants in the procedure, responsabilities that are considered as being components of a conduct centered on good-faith.

42-48

Authors: Adrian Bulgaru

The granting or refusal to grant asylum to a person is a sovereign right of the state. A state may allow the entry and residence on its territory for foreigners who have left their home country because of the persecution they were subjected. However, the State to which the asylum request is made has an obligation to respond favorably to a request for asylum that may be denied. The right to seek asylum is considered a fundamental human right provided by Article 14 of the Universal Declaration of Human Rights. Temporary protection is a form of protection granted collectively, under exceptional circumstances and for a strictly limited period of time in the case of a large number of persons seeking international protection.

55-59

Authors: Elena Damian

Parmi les juristes français de la première moitié du XVIème siècle, se retrouve aussi André Tiraqueau (Fontenay-le-Comte, ~1480 – Paris, 1558). Magistrat tout d’abord, sénéchal dans sa ville natale, en 1541 il a été nommé par le roi François Ier conseiller du Parlement de Paris. Il a joui d’une grande estime aussi bien grâce à ses contributions dans la réforme de différents abus, que pour ces nombreux ouvrages, preuves d’une profonde érudition. On lui a apprécié surtout ses vastes connaissances dans le domaine du droit coutumier. Ses œuvres les plus connues sont De legibus connubialibus (1513) et surtout De nobilitate et jure primogenitorum (1543), qui ont circulé sur le territoire de la Transylvanie aussi : deux exemplaires de cette œuvre de valeur sont conservés à Cluj-Napoca, dans les fonds de la Bibliothèque de l’Académie (l’édition de 1559) et ceux de la Bibliothèque Centrale Universitaire "Lucian Blaga" (l’édition de 1574). La présence de cette œuvre dans les collections de Cluj prouve de l’intérêt des intellectuels transylvains pour le domaine du droit français et leur désir de tenir le pas avec l’évolution spirituelle de l’Occident. Par ses œuvres, le juriste français de la Renaissance, André Tiraqueau, a contribué lui-aussi au domaine du droit et l’histoire du droit français lui accorde une place particulière.

70-73

Authors: Stefan Herchi

The institutional development of the European Union requires not only a consolidation of European union bodies but also common and coordinated policies, that inevitably imply the obligation of the Member States to give up to a part of their own powers, in other words to give in of their national sovereignty. The matter in question, at least from our point of view, is whether Romania is or not prepared for this kind of constitutional development.

83-87

Authors: Vlad-Dan Oanea

Human rights have continuously evolved, are evolving and will evolve given the change and improving of their protective mechanisms and instruments. The protection of human rights is made through well known instruments and mechanisms. The interpretation of legal rules can represent the base of the mechanisms and instruments used for human’s rights protection, but, can represent, also, the means to implement the instruments and to operate the mechanisms. The interpretation of legal rules existing at a given time creates jurisprudence, wich shows the need to change the old rule or even to adopt a new law, wich will repeal the old law. This aspect that marks the evolution of law, generally speaking, affects the instruments of promoting and protection the human rights. The boundaries of legal rules are established by the interpretation of law.

99-108

Authors: Tudor Oniga

Our pursuit aims to perform a historical excursion in the matter of legislative delegation considering the fact that the adoption of laws is exclusively the Parliament’s capacity, but, under certain constitutional provisioned circumstances the Government may also adopt normative deeds with law value, although these are not called laws but Government ordinances. Two conclusions stand out, namely that legislative delegation was sometimes practiced but not regulated, as well as that normative legal deeds featuring law’s legal force could also be adopted by other public authorities, arguing on the constitutional principle of the existence of a sole centre for legislative impulses.

116-121

Authors: Mihnea-Dan Radu

Within Roman law, although the head of the family was the sole owner of the patrimony, which had a unitary nature, the division of the patrimony was admitted, under various forms. In the current article, we will analyze the peculia and dowries, highlighting the very complex manner in which Romans knew how to regulate all the aspects tied to the juridical regime of these patrimonial masses.

128-133

Authors: Sidonia Culda

The issue of civil liability is easily justifiable even within the terms of the New Civil Code, being at the same time theoretically and practically very topical. Civil liability is considered as a complex of rights and obligations which is born as the result of committing an illegal deed and which represents the framework for state coercion through applying legal sanctions in order to ensure the stability of social relationships. The New Civil Code clearly delimits the two types of liability – delictual civil liability and contractual civil liability, and it brings a series of amendments/clarifications as for: applicable principles, remedies for non-patrimonial damages, the conditions for engaging liability, remedies in the case of damages consisting of losing a chance, the duality of these two forms of civil liability.

145-150

Authors: Grațian Urechiatu-Burian

En principe, une décision judiciaire produit des effets inter partes. Il est normal que ce soit ainsi, parce que, dans le cadre du conflit traduit en justice, l’instance apprécie les preuves proposées et administrées par les parties du litige, d’où s’en suit que, par la décision prise, on clarifie les rapports juridiques entre les parties (mais non pas ceux entre les personnes qui n’ont pas eu de qualité processuelle dans le cadre du litige). En ce qui concerne les tiers opposants, la décision judiciaire est opposable en tant que fait juridique, c’est-à-dire que les tiers opposants ont l’obligation de respecter la situation juridique constatée sans que la décision puisse engendrer des droits ou des obligations en faveur ou contre les tiers opposants.

19-37

Authors: Marius Andreescu

The proportionality is a general principle of law, signifying the ideas of balance, justice, responsibility and the needed adequate suiting of the measures adopted by the State to the situation in fact and to the purpose aimed by the law. The principle is expressly formulated in the European Union documents but also in the constitutions of other states. The normative or jurisprudential regulation of the principle explains the numerous preoccupations at scientific level to identify its dimensions. In this study, the principle of proportionality is analyzed from the perspective of the philosophy of the law, in order to try to identify its value dimensions that are to be found in the normative consecrations or in jurisprudence. The normative of jurisprudential dimension of proportionality, as a law principle has its content in the concepts and philosophical categories that make up the contents of the principle of proportionality, in the law philosophy’s main periods and currents. We consider that such a scientific attempt is useful, having into consideration the importance of this principle for the contemporary law. The principle of proportionality is an important guaranty in the observance of the human rights, mainly in situations in which their exercising is being restricted by the actions ordered by state’s authorities, being at the same time an important criterion to delimit the discretionary power from the power excess in the activity of state’s authority. In our opinion, only in the extent of our knowledge and understanding of the philosophical contents of this principle it is possible this one’s correct applying in jurisprudence. This study is aiming to be a pleading for the possibility and usefulness of law’s philosophy in this epoch dominated by juridical pragmatism and normativism.

48-56

Authors: Bujorel Florea

The study analyzes the changes made by Law no. 187/2012 enforcing Law no. 286/2009 on the Criminal Code for the crime concerning the unlawful acquirement of the authorship of the design or model, a crime stipulated in art. 50 of Law no. 129/1992 on the protection of designs and models. The changes made to the investigated crime are analyzed in terms of the grounds establishing them, as well in terms of the incidence of the legal norms of the current Criminal Code over them. The characteristic elements, i.e. the particularities of the crime, such as those listed below, are approached in a similar way: social relations protected by crime, the material subject matter and the subjects of the crime, the constituent contents thereof. The doctrinarian ideas on the matter are emphasized and re-assessed, and, as appropriate, the author’s personal opinions are stated. The study is directed simultaneously towards theoreticians, practitioners, and law school students, based on the assumption that adequate knowledge of the legal provisions ensures the accurate enforcement thereof and, therefore, the fulfillment of the scope for which they were adopted.

67-75

Authors: Eugenia Gugulan

Biodiversity values are part of the natural heritage in the context of sustainable development, to be used by the current generations without jeopardizing future generations the opportunity to enjoy the same living. Endangering biodiversity obviously can causeecological crisis. Government bodies are vested with powers to remove the consequences of ecological crisis. Government manages crises and is empowered to develop environmental policy and national security. This article determines the ecological crisis concepts, skills administrative bodies in crisis and would like to make suggestions to improve the legislation.

83-89

Authors: Cristian Ionescu

In this study the author analyzes the legal regime of constitutional judges’ independence. The issue of neutrality and fairness of the Constitutional Court in regard with public authorities under Title III of the Constitution seems to us as the fundamental problem of the Romanian society at the end of a quarter of century of violent change since the political regime in 1989. At a state level, the main political actors, along with the parliamentary groups, representatives of political parties, are in permanent conflict, trying to dispute the support of citizens, which indicates not only a lack of authority, but also one of legitimacy and at a parliamentary level, there is a constant appeal to the Constitutional Court for the settlement of political disputes between the Majority and the Opposition.

102-108

Authors: Tudor Oniga

The study aims at drawing attention upon the juridical consequences adopting emergency decrees during parliamentary vacations. The legal nature of the parliamentary session has been stressed, the one that can generate the submission of an approval bill of an emergency decree. Thus, having examined the constitutional disposals in the matter, but also taking into consideration the doctrine, the conclusion has been reached that in this case we talk about a plenary session, the differences from ordinary and extraordinary sessions being given in detail. In the end, juridical consequences of the submission of an approval bill regarding emergency decrees were stressed. The conclusion was that they have triple juridical loads.

116-128

Authors: Mariana-Narcisa Radu, Mihnea-Dan Radu

The sustained development of the insurance market and the constant rise of cases that require insurance mandatorily have also determined a rise in cases where people commit fraud against their insurance companies in order to gain unjust patrimonial benefits. In this context, the legislator has incriminated insurance fraud distinctly as an offence, which has been dismissed by some authors who consider that the previous disposition on fraud also covered this hypothesis. Insurance fraud is the object of art. 245 of the Criminal Code regarding the insurance of personal possessions (par. (1)) and life and health insurance (par. (2)), the present paper seeking, among others, to analyze the necessary conditions for them to qualify as such, the sphere of subjects involved in the offence, aspects regarding attempt at fraud and its position faced with the offence of fraud.

136-146

Authors: Viorel Sîrca

The article has a twofold goal: bringing to light both the advantages and the disadvantages of individual and group decision in juridical cases (the situation of the jurors is considered in the sociological literature as a quasi-natural experiment. The paper analyzes various dimensions and aspects of this topic, including a short history of each model, in order to better understand the reasons why both systems are operating today. The research started from the question: which of these two juridical systems (the American system and the Romanian one) are regarded as more efficient by those who practice law. A series of semi-structured interviews applied to experienced lawyers from both countries focused on: differences perceived between decision-making processes involving a court of jury and a judge vs. judge alone; advantages and disadvantages of each decision making system; weak points of each system; possible changes for the optimization of the decision-making process; and an evaluation of the reaction of the public opinion. The analysis of the data showed that some of the hypotheses were partially valid. In the final part, I discussed the perspectives of the implementation of the decision-making process based on a court of jury in Romania.

155-164

Authors: Mihaela-Ioana Teaca

The entire development of a state involves carrying out activities that can be reduced with a view to the existence and validity of an appropriate legal order. The Legal Order serves the maximum possible sociality of a community which produces its rules making allowance to its social and legal requirements. The state serves the nation by Law and the progressive development of the state is a law of the evolution of Law itself. Law, as an aspect of human life, was under the dominion of natural, unwritten, common laws. As a particular aspect, the life of Law shall be governed by special laws, derived from general ones, but focused on the conditions of reality, because the life of Law has specific laws of evolution. The changes in society and the social events are identical with the evolution of living organisms, and because Law is an emanation of life and a living process, any development and differentiation is a natural law that applies to it. Eugeniu Sperantia assumes that truths are of two kinds: those established bytheoretical judgments and those observed by value judgments. Value judgments can convert to imperatives and imperatives can be considered value judgments that undergo a special conversion. The legal norms, being imperative, imposed themselves as they meet the legal requirements of society, demonstrating logical consistency with certain principles and legal norms, recognized and adopted by individuals. The coercive conditions implied by the intervention of the social force, the sanction and the threat are the socio-ideological requirements of the Law’s mandatoriness. The social authority of Law depends on the justification of its structure, regardless of justice or of the absolute concord with the way of its consideration within society. The Legal Order as a whole may appear as justified or not justified in its existence, according to the power that it emanates.

172-179

Authors: Bogdan-Alexandru Urs

Nowadays e-Payment systems have become increasingly popular due to the widespread use of the internet based shopping and banking. The number of private and corporate transactions that are done electronically is growing rapidly. Malicious applications targeting online banking transactions have also increased dramatically in past few years. Worms, Trojans, viruses, phishing, pharming, spoofing, man-in the middle, denial of service attack, transaction poisoning and spamming are the most common threats. All this malicious activity has lead to unauthorized access, theft and fraud. Information security is an essential requirement for any efficient and effective e-Payment system. In Romania, specific legislation has been created in order to protect the e-Payment system and fight cyber-crime.

197-212

Authors: Ludo M. Veny

The Belgian Parliamentary Act on Euthanasia of May 28, 2002, provides a clearexample in the context of a conference dedicated to the efficiency of legal norms and challenges of the current decade. The legislation entails a vibrant and sensitive subject in society. Currently only a minority of countries worldwide have legislation covering euthanasia. When the law was made, an explicit provision was decided that ensured its workings would be subject to a parliamentary evaluation. Vast and detailed hearings have taken place in the Belgian Senate to make this legislative evaluation concrete. The changes to the Belgian law on euthanasia have taken place after a long and vast process in Belgian parliament. It provides a clear example of legislative evaluation, its mechanisms and its impact on the parliamentary assembly and society as a whole. This process has given way to multiple proposals of law to alter, expand or limit the scope and mechanisms enshrined in it. This year, these have led to a parliamentary majority agreeing tosignificantly enlarge the population eligible to make use of its provisions. From now, minors also fall under the scope of the legislation. Given the international attention that has been given to the current widening of the scope of the Belgian law on euthanasia, the authors consider it to be a very relevant topic for an international setting. Finally, since the new law is being voted for as this research takes place, and has yet to be finalized between now and thedate of the conference, the topic can hardly be more relevant. This paper analyses the 2002 Act, the applied process of evaluation, how it has led to an agreement on the—even more sensitive—subject of opening up its scope to children, and the concrete changes and mechanisms in the renewed 2014 legislation.

224-225

Authors: Elena-Mihaela Fodor

Review of IRINA MOROIANU ZLĂTESCU:Human Rights a Dynamic and Evolving Process, Pro Universitaria Publishing House, Bucharest, 2015, 466 p.