Fiat Iustitia

7-19

Authors: Andreea Ana-Maria Alexe

Early 19th century coincides with the beginning of the national revival. Around the evolving development of constitutional institutions we ought to observe that sovereignty characterizes the existence of the state. Independence and international recognition coincides with the union and shaping of the Romanian nation. The transfer of sovereignty from the Ruler to the nation is in accordance with the revolutionary liberal current and it is an expression of the people’s will to choose their own form of government and to choose their own representatives for drafting a Constitution.

35-41

Authors: Liliana Belecciu

The Law no. 303 of 13/12/2013 governs a new contract in the field of public service management, through which public administration authorities delegate all the powers and responsibilities regarding the public service of water supply and sewerage to one or more operators. It is a contract with many new elements for Republic of Moldova, where the service of water supply and sewerage is provided mainly through municipal enterprises under direct management. The right of delegated management of public water supply and sewerage service may be granted in two ways: public auction organized under the laws in force, or direct award. In this work we propose to analyze the legal regime of each, from the very beginning of these phase until the conclusion of management delegation contract of public water supply and sewerage system.

49-54

Authors: Mihai Cucu

En utilisant les Recommandations de l’U.E. dans ce domaine, en tenant compte que la détention doit avoir un rôle éducatif, à la suite des visites effectuées, en étudiant le phénomène, ayant l’appui des enseignants qui travaillent dans ce domaine, nous avons réussi à étudier et tirer des conclusions sur les résultats de l’activité d’éducation physique et de sport dans le milieu pénitencier. L’activité sportive tout comme les leçons d’éducation physique déployées par les personnes incarcérées ont pour but, à part les objectifs proposés pour chaque personne, la discipline, le développement de l’esprit d’équipe et l’auto-organisation de ces activités. Les conclusions de l’étude ont été favorables, les bienfaits de ces activités sont notables, l’activité étant tout à fait agréable. Notre proposition pour les autorités compétentes est d’allouer un nombre plus grand d’heures pour déployer ces activités.

60-69

Authors: Elena-Mihaela Fodor, Gabriela-Aura Fodor

The preliminary chamber procedure has been introduced by the new criminal procedure code (Law no. 135/2010). Without being entirely new in the Romanian Law, the institution of the preliminary chamber was seen both as an improvement of the administration of justice and the respect of human rights. The present study is aiming to establish to what degree the legal rules, as designed by the legislator, reach the purpose they were designed for. The research is based on the jurisprudence of the European Court of Human Rights in cases against Romania as well as against other contracting states. Also, recent national jurisprudence is being considered. Some issues, as influence of other procedure rules on the duration of the preliminary chamber procedure, the limits of the findings of the preliminary chamber judge and the compatibility of some of the procedure rules with the right to a fair trial are discussed.

76-82

Authors: Eugenia Iovanas

Without having the purpose to perform an exhaustive analysis of the legal dispositions identified in the normative act subject to analysis, we resume to the capitalization of the law issue. which wc consider to be relevant for our study. anThe administrative contract has been defined as that "agreement of will, between a public authority, found on a ie «al superiority position, on one hancl, and by public law subjects on the other hand (iadividuals, companies or other state organs. subordinated to the other party), by which it is followed the satisfaction of a general interest, by providing public services, performing a public work or improving a public asset, subject to a public power regime. Regarding the nature of the public procurement contract as being of administrative nature, still in the doctrine, through particular features of this contract mainly it was considered the special procedure wh»ch is being realized, foreseen by the Uovernment Emergency Ordinance 36/2006, regarding public procurements, correlated to the Government Emergency Ordinance 60/2011, which regulated the competence to trial the litigations arose based on it, commissioned to the courts of administrative legal departmentd which generates divergent interpretations in practice.

88-98

Authors: Camelia-Nicoleta Olteanu

Regardless of the recent speculated views on the interest of the governments of the two countries situated on the right and the left of the Prut river and in spite of the Romanians’ declared or not solidarity, whose fates were separated conjecturally, we can not ignore the umbilical link between the two states whose citizens have benefited from reforming ideas translated into projects with a real constitutional value and subsequently into fundamental judicial acts adopted in 1866 and 1923. The paper presents the common constitutional evolution as well as the analysis of the two fundamental legal acts in force in Romania and the Republic of Moldova. The steps of the analysis are twofold: the former illustrates, formally, the weight of the texts considered relevant to the various components of the economic and social life of the peoples of the two countries, and the latter, illustrates, from the conceptual point of view, the measure of the differences between the articles. This paper is part of some extensive personal research, which concluded with the author’s doctoral thesis “Democracy in the Romanian constitutional theory and practice during 1866 – 2003”. Because the topic is really important nowadays, we have found it necessary to continue our research with more attention, reassessing certain ideas and comments.

109-115

Authors: Maria Orlov, Natalia Saitarli

Simplifying and systematization of the national legal system is the task of maximum actuality of the European Community states. Legislative inflation, which occurred as a result of excessive elaboration of legal regulations from the last decades, makes it difficult to know and to apply correctly the rules of law compared with the social relationships, which are permanent changing.In the last two decades, the local government of Moldova has undergone multiple reforms (structural and functional) and, to achieve them have been adopted numerous laws.The quality of local governance, however, has not increased. The new legal regulations were adopted without a good correlation with existing ones, and sometimes their provisions overlap or exclude each other. Moreover, today this area is covered by dozens of laws and other regulations.In this context, we believe, a way of improving the quality of local governance could be to simplify and systematize the entire normative framework, which governs the organization and functioning of local authorities, in one Code.In this paper we will argue for such systematization, and, basing on the experience of other states, we will demonstrate the advantage of codification of local law in our country.

122-127

Authors: Nicolae Roș

Unemployment is an imbalance in the labor market, where supply and demand for labor is greater than labor demand provided by businesses. Essential changes were made to the unemployment law by Law no. 250/2013 amending and supplementing Law no. 76/2002 on the unemployment insurance system and employment stimulation and amending Law no. 116/2002 on preventing and combating social exclusion. Additions to the Law no. 76/2002 cover issues that aligns Romanian legislation to EU regulations regarding the application of social security schemes to employed persons, as well as aspects that facilitates promoting labor market participation of young people at risk of marginalization by standardizing the legislative framework and reduce the number of normative acts applicable.Also, bring new normative acts provisions for graduates of educational institutions, provisions that facilitate labor mobility and facilitate the certification provisions of those persons who have acquired professional skills through informal means. The changes are so informal nature, such as in legislation some definitions as "long term unemployed" or "young at risk of social exclusion" and structural changes that affect operators benefiting from subsidies for hiring unemployed or graduates some forms of education. Law reformulates the categories of persons who can provide optional system of unemployment and introduce a new procedure for calculating the subsidies received by employers and unemployed graduates framing.

134-144

Authors: Liviu Ungur

After Romania’s accession to the European Union, the Romanian lawmaker attempted to implement efficient tools to concretly transpose the Priority Principle for the Application of European Law, for instance, into the national law. In this context, under Law nb. 262/2007 for amending the Contentious Administrative Law nb. 554/2004 a new review reason was introduced, a reason that is added to the review reasons provided by the Code of Civil Procedure. Because this legal text had sort of an unlucky drafting, being often criticized for being unconstitutional, it ended by being directly and totally abrogated, and, later on, on the same basis, be declared from the very beginning as partially unconstitutional, and then re-entered into force, the text still producing legal effects, through the first and third thesis in the initial drafting. The lawmaker was suggested that, while re-examining the text, to take into account the arguments provided by Decision nb.1.609 September 9 2010, regarding some shortcomings in drafting this legal norm. In the present paper, we intend to evaluate these legal provisions and review the main aspects which generated and still generate conflicts in enforcing and interpreting it, underlining, where necessary, our own approach.