Fiat Iustitia

5-20

Authors: Marius Andreescu

The supremacy of Constitution has as main consequence the compliance of entire law with the constitutional norms. Guaranteeing of the observance of this principle is essential for the rule of law, is primarily an attribute of the Constitutional Court, but also an obligation of the legislator to receive by texts adopted, within its content and form, the constitutional norms. Entering into force of the newcriminal codes generated a significant jurisprudence of the Constitutional Court on the verification of constitutionality of some regulations in the Criminal Code and Criminal Procedure Code. Through this study we intend to analyze the following key issues: a) how were the constitutional principles and values embodied in some criminal and criminal procedural norms of the new codes; b) the effects of Constitutional Court decisions in the process of constitutionalizing of the criminal law; c) applying into judicial activities of the Constitutional Court decisions, particularly those through which the new Criminal Code regulations were found unconstitutional.

36-42

Authors: Ioan Chelaru

Romania’s accession to the European Union guaranteed the precedence of theprovisions of the constituent treaties of the European Union and other mandatory community regulations over the provisions of the national laws based on the constitutional principle set out in Art.148, para. (2) This study analyzes the issues regarding the identification of the competent court in matters of divorce, of legal separation or the annulment of the marriage focussing on three practical situation: a) The hypothesis that the spouses have their habitual residence in different Member States; b) when both spouses have Romanian citizenship, had a joint dwelling place, but after the separation in fact, before the action for divorce was filled, the spouse - Defendant resides abroad/his or her residence is unknown; c) the spouses are of different nationalities, the Petitioner spouse is a Romanian citizen, but none of them lives in Romania any longer, having residences in different states, members of the European Union.

51-66

Authors: Alexandru Cordoş

This study contains analysis of the stage and level of implementation in Romania, the provisions of the aquis communautaire concerning gender equality. We have also emphasized Romania's directions to go in implementing European legislation and all the concepts and definitions on gender discrimination. The process of harmonizing national legislation with the EU is a permanent approach. Currently, in Romania, a series of laws conform to European law. However, this study reveals the need for further correlation and implementation of adopted laws with the provisions of European Parliament and Council Directives. The ultimate aim is complete compliance with the principle of equal treatment between men and women in Romania.

74-89

Authors: Gordana Gasmi, Dragan Prlja, Natasa Lutovac

The capacity of the European Union (EU) to address the urgent migrant crisis is proved to be inadequate. The efficiency of the Schengen Agreement is hit by dramatic reality of migrant crisis that tends to escalate into humanitarian catastrophe. At the beginning of the XXI century, the EU has been hit by several successive crises. Those are the world financial crisis of 2007, whose source was the US financial market, the debt crisis of Greece, which lasts from 2008 and which has escalated in the summer of 2015, and in particular the case of the refugees’ crisis. The mentioned events have shown that incomplete sovereignty of the EU, caused by a slowdown in building a European federal state prevents it from having adequate responses to emergencies. Because of its inter-governmental and confederal features, the EU cannot act in a fast, unified and adequate way in migrant crisis, as well asin other challenges in a globalized world. More and more there are rumors and calls for the formal, i.e. the official abolition of the Schengen Agreement, which is a legal symbol of the space without borders among Member States, and in a situation of raising concrete and wire fences at border crossings between these same countries and in the midst of their mutual accusations of a lack of solidarity in the management of refugees. The abolition of Schengen in late 2015 happened in a factual manner (de facto), which is noninstitutional way and without formal decisions at the level of the Union. The situation is even more sharpened when one takes into account the negative safety dimensions of the migrant crisis. The EU Member States by refusing solidarity announce that they do not want security problems on ownterritory, which the influx of refugees inevitably brings. The exchange of safety-relevant data, takesplace via the Schengen Information System (SIS), would once again have to be bilaterally regulated inthe future, in case of the official cancellation of the Schengen Agreement. Without the SIS, automatic entries and requests across all Member States would no longer be possible. Coordinated efforts to combat people smuggling and drug-related crime, as well as organised crime and international terrorism, would become more difficult. Judicial cooperation between countries would also be adversely affected by a suspension of the Schengen Agreement. Two decisions of the EU (2015), on an equitable distribution of asylum seekers to other Member States, in order to lessen the pressure on Italy, Greece and Hungary meant a temporary suspension of the Dublin asylum system. Dublin asylum system is the most criticized by A. Merkel, the German Chancellor, and also by other EU officials, because it allows the greatest pressure on countries that are on the front line of migrant flows. In her expose, Merkel, with a warning that such asylum system is outdated, called for the introduction of a new common EU asylum system based on a fair distribution of the burden of granting asylum and with the elimination of national egoism. Is it the "Europe - Fortress" underway or the Schengen Europe without borders, remains to be seen through the outcome of the migrant crisis in the upcoming mid-term. The implementation of a pan-European coordination of refugee and migration flows is de facto and de jure barely possible without the Schengen Agreement. The termination of the Schengen Agreement, if happens, would be a unique event in the history of post-war Europe. For the first time in the European integration process, a central pillar of the European integration process would disappear without being replaced. It would not put a temporary halt to the unification process as would have been the case in the past, but it would be a noticeable regression. Famous Jean Monnet, however, said a long time ago, that the great crisis are also great unifiers, and it remains to be seen whether this visionary idea is to be leading in overcoming the current narrow-minded EU approach.

90-98

Authors: Árpád Gyuris

After the fall of communism it was a natural need to change the legal system by introducing laws that would contribute to creating the rule of law and the market economy. A dispute was initiated by the academic and professional experts, since some of them were of the opinion that a new commercial code should be drafted simultaneously with the new Hungarian private code, and thus the structure of the Hungarian private law could become dualist. Since, however, only the private code was redrawn in 2013, the Hungarian private law stays a monist system. In my talk I try to find answers to the question of what would happen if the commercialcode were additionally introduced in Hungary. For this purpose I would like to examine to what extent the cooperation of the BGB and the HGB in Germany can be considered an ideal one. This would present arguments for or against the proposal to introduce a commercial code in Hungary or to identify a separate field of commercial law. There is another question, about the possibility to create a commercial code in the European Union. What kind of advantages or disadvantages would such an initiative bring? The question also arises how the European private law would develop in case the commercial law was to be separated from it.

126-137

Authors: Florina Morozan

Law no. 95/2006 on healthcare reform regulated in Title VI the problem of organs, tissues andcells transplantation. This problem is of great interest for many reasons. First, there is a great need for transplant to save lives. Secondly there is an international cooperation, to facilitate patient oriented allocation and cross-border exchange of deceased donor organs. National Transplant Agency Bucharest may conclude agreements with European organ exchange organizations, provided that such organizations ensure compliance with the requirements of Directive 2010/53 / EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety human organs intended for transplantation. Unfortunately in our country there is not yet tradition or education to promote transplantation. So Romanians from abroad do not qualify for transplantation because the Romanian National Agency for Transplant can not fulfill his obligations. On the other hand, when the organ donor is alive, it must consider also his interests. He has the right to be properly informed about the risks the intervention presents for his health. This paper seeks to what extent the law promotes transplantation but also identifying weaknesses. It also values the experience of other states in the field.

160-170

Authors: Carmen-Teodora Popa

Eviction is a theme that has permanently preoccupied the theoreticians of law, the provisions of the Romanian Civil Code on this issue being subject to extensive discussions and interpretations. The guarantee for eviction is specific, unless otherwise agreed, only to contracts for pecuniary interest, in which the debtor of this obligation considered also a consideration at the time the contract was concluded. The guarantee for eviction refers both to the ownership transfer contracts as well as to those for the transfer of use. The eviction is certainly among the oldest legal institutions, but undoubtedly its importance inhuman society has not lost relevance at all, but on the contrary we can say that over time it became more refined even if the doctrine recognizes at the same time that the practical significance of the rules on eviction is relatively low. This article analyzes the eviction in the sale-purchase contract in the light of the current Civil Code regulations.

178-188

Authors: Nicolae Roș

Without a rigorously scientific definition of "principle" concept we emphasize only that it is an idea guiding, with legally binding and priority expressed either directly or through one or a coherent set of legal rules or shared indirectly, of all legal regulations in a field, an idea that can not be ignored by inferior legal norms or actions (or inactions) concrete. Compliance with the "principle" is a legal obligation of all those who, in one form or another, are connected to the activities in which it is instituted, whether they have or not the the quality of authority (state or private) or are simple individuals or legal entities. It is also relevant and that any principle laid down by law or detached from a set of legal rules must be in strict conformity with constitutional provisions. From this point of view, if we refer to the principles on which the public administration is based itself in administrative units, it is noted that some of these are expressly formulated by provisions of the Constitution, others than stipulated in Law. 215/2001.

198-208

Authors: Ancuța Gianina Opre, Simona Șandru

The basic relations between employers and employees are regulated, traditionally, by the Labour Code and the related legislation. As regards the public sector, specific rules regarding the status of the employee as a public servant create a separate legal regime of the working conditions of this kind of staff, which is also completed by the general labour norms. However, nowadays, new problematic topics arise in the context of an working environment “under surveillance”, where the employer chooses to make use of the latest technologies on the market in order to monitor the performance or the behaviour of their employees, whether in the private or public sector. According to the general principles set in the Romanian Labour Code, the employees’ dignity and protection of personal data are to be respected. Therefore, any employer, either a public institution or a private company, has to comply as well with the obligations arising out of the legislation on data protection, especially whenever electronic devices are installed to survey the people or the equipment ”at work”. In the present paper we shall examine the IT technologies most used at the workplace from the perspective of the legal rights of an employee, on the one hand, and the legal duties of an employer, on the other hand, as established by the European and Romanian legislation on personal data protection, taking also into account a number of guidelines derived from the jurisprudence of the European Court of Human Rights and the European Court of Justice of the European Union.

216-225

Authors: V. Yu. Turanin, S. N. Glamazda

Now the special urgency is got effective legal regulation of ecological safety in the Russian Federation, which is directly related to the formation of a consistent system of legal acts in this sphere. In this regard, the authors carried out a critical analysis of the current Russian legal framework of environmental security and developed scientific and practical recommendations for its possible improvement.

232-240

Authors: ILIE URS

Forced heirship is that part of the inheritance assets to which the heirs entitled to a portion of the inheritance shall have access, under the law, even against the late person's will, manifested by liberalities or by disinheritances. By regulating the forced heirship, the legislator defends forced heirs against excessive donations or testament legacies, operated by the defunct in favor of tierces, thus ensuring them at least a part of the inheritance to which they are entitled by law. The disposable portion is part of the inheritance assets not reserved by law which the late person could dispose of unencumbered by liberalities. We shall mention as forced heirs the surviving spouse, the late person's privileged descendants and ascendants. The forced heirship of each forced heir is half of the inheritance share which, in the absence of either liberalities or disinheritances, they would have been entitled to as legal heir.

251-263

Authors: Antal Visegrády

The paper consist of three parts. First the author dials with the notion and types of legal cultures. Word-wide, a regulating and an orienting legal culture can be distinguished. In the regulating legal culture, which is characteristic of the Euro-Atlantic culture, law is accepted as a normative, regulating rule but not always in the same extent. The orienting legal culture is a characteristic of Asian and African countries where statues have only a symbolic role. The topic of the second part of the paper: the effectiveness of law. The developmental stage and standard of legal culture and within this that of awareness of justice, as the realization of legal instruction, are the most important components of the effectiveness of legal regulations. It is to be emphasized that the development of awareness of justice and legal culture of citizens is not only influenced by the so-called ‘legal core’ but it is mainly affected by the education system, media and other elements of everyday life. In the last part of the study the author examines of the effectiveness of the legal order of European Union. The pledge of the future of the ’acquis communautaire’ is how effective its regulation will be. Its regulations will be. Its measurement is a complex task. The effectiveness of the Community law depends on national laws.

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.

5-18

Authors: Andreea Ana-Maria Alexe

To achieve a coherent analysis of the Romanian constitutional development and to capture the constitutional issue that marked the beginnings of Romanian modern state is important to establish the constitutional periods with certain common features. Thus, from the point of view of the constitutional period concept, the study analyzes the constitutional period from the early nineteenth century until 1864, following the Constitution since 1866 and until 1938 to be considered a distinct constitutional period.

38-47

Authors: Emilian Ciongaru

Modern society has been in a permanent and continuous process of elimination of the political, cultural, legal and, last but not least, economic barriers mainly due to the diverse and modern means of communication. The concepts of unification, uniformization, integration, and globalization are more and more frequently encountered at word andregional levels. The political-economic phenomena of the European Union type do no longer amaze anyone and the success of such initiatives is gradually accepted by the bitterest critiques. The creation of the new European law order marks a new approach of the law philosophy and justice in the domestic law, a philosophy that aims at achieving the supreme individual good of the European citizen as the basis of the supreme good of the new entity and implicitly at attempting to obtain a better social life.

57-66

Authors: Elena Mihaela Fodor

Under the provisions of the Fiscal procedure code (Government Ordinance no. 92/2003), the courts, especially the High Court of Cassation and Justice, developed a rigid jurisprudence in the fiscal field. The petitioners were not recognised the right to address the court for the recognition of their rights, if the preliminary complaints were not answered by the administrative body in the legal time limit. The courts claimed that only the decision that solved the preliminary complaint may be contested, or, in case the solution was delayed, the petitioner can only obtain in court a decision summoning the fiscal administrative authority to answer the preliminary complaint. A series of cases is analysed and arguments are given against the final solutions of the courts, in the spirit of a good administration and harmonisation of the fiscal procedure with the general administrative procedure described by Law no. 554/2004. The arguments sustain the recent changes in the field of contestation of fiscal administrative acts, introduced by the new Fiscal procedure code (Law no. 207/2015)that will enter into force on January 1st 2016.

76-82

Authors: Irina Gvelesiani

“Trust is an element that has been approached in the last decades by many disciplines and through many and varied means”. It is usually defined as a legal agreement under which a “settler” transfers property to a “trustee”, who has to exercise and manage it for the benefit of a “beneficiary” – an equitable and a beneficial owner of the property. Trust relationships become more and more popular in legal, commercial and non-commercial spheres of today’s life. Some researchers believe, that this legal institution originated in England at the end of the Middle Ages. However, certain studies indicate, that the initial “trust-like devices” existed even in the earlier times. Their existence stipulated the origination of the unique common law “trust” institution. The given paper is dedicated to the interpretation of the origin of “trust” on the basis of the in-depth terminological analysis of the earliest “trust-like devices”. It makes an attempt to answer the question of its purely Roman roots. The parallel is drawn between the ancient and medieval institutions.

90-101

Authors: Carmen Oana Mihailă

The commercial distribution agreement and the framework agreement have been approached very rarely in our speciality literature. However, an analysis of commercial distribution as a modern form of long-term trade between suppliers and distributors reveals that these contracts are absolutely necessary in this process, where the middlemen make the trade more efficient, strengthen market positions, help penetrating new markets and attract and build customer loyalty. The selective distribution system thus facilitates the producers` access to the extended market. The producers will choose those distributors that best meet objective qualitative, quantitative and non-discriminatory selection criteria. The selective distribution is most suitable for distributing branded finished products (e.g. luxury products and sophisticated devices). The main shortcoming of this system is its incapacity to cover the entire market; for this reason, the producer has to make sure that the final user/consumer can easily identify the distributors, otherwise they might miss the trade opportunity. Of the utmost importance is the validity of the selective distribution system which depends on its compatibility with the free competition principle, a benefit of economy as a whole.

109-115

Authors: Liana-Iulia Paul

In this article we have presented the main aspects concerning data protection accountability. The manner in which companies and regulators sustain the activity concerning the protection of individuals has also been exposed. Moreover we have discussed about the necessary instruments in providing three important goals: privacy, reliability and availability. Further we have underlined the importance of protecting the cross-border information transfers and the role of risk management in data protection. Finally we have emphasized the principal categories of threats, harms and risks concerning data protection and also our conclusions.

129-133

Authors: Dan Top, Lavinia Savu

In the Romanian labour legislation there is no legislation on telework, which is the activity performed by a person in other place than the place determined by the employer. It differs from domestic work, which is governed by the Labour Code (Art. 108-110) because the employer is not entitled to check directly the activity of the employee and the working can be done outside the home of the employee. A practical application is teleworking, a form of ongoing recent work, characterized by the fact that the employee operates regularly external from the employer using information technologies in connection with the employer's computer network, but with a very low scope, only on distance education or in computer programming or activity which does not yet know its own national legislation, at European level being only a framework agreement concluded in 2002 between the social partners who use this form of deployment of labour. There is a need for appropriate regulation of such activities, covering not only work from home (home office) but also via computer work, that work carried out through information technology because there is growing interest in this area, which is very useful in Romanian government, public power prerogatives, we think they could be successful through telework.

147-154

Authors: Ancuţa-Gianina Opre, Simona Şandru

For almost twenty years the legal regime on personal data protection within the European Union was mainly regulated by Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data. According to the provisions of this act, one of the legal obligations of the data controllers was to notify the processing operations they carry out to the supervisory authorities established in the Member States. Each Member State transposed this legal provision in different ways, and some of them stipulated a series of exceptions from the obligation to notify, among which being the appointment of a data protection official at the level of the data controllers. The process of notification results in administrative burdens, both for the data controllers and the supervisory authorities, in some cases. Therefore, the latter ones (associated within the Article 29 Working Party) and the European Commission supported the idea of simplifying the current system. Against this background, the legislative reform proposed by the European Commission in 2012, which intends to replace Directive 95/46/EC by an overall mandatory regulation, sets up a new way of thinking the administrative burdens on data controllers, from a double perspective: on the one hand, by lessening the obligations in relation to the supervisory authorities (for instance, no obligation to notify subsists), and on the other hand, by multiplying the legal requirements to internally implement a number of measures aiming at enhancing the level of protection of the personal data processed by a certain data controller. This paper will focus on the main changes adduced by the recent legislative proposal as regards the administrative obligations of the data controllers.

165-171

Authors: Maria Ureche

Each rural community should develop towards raising the level of living of its inhabitants. Thus, after identifying the needs of that community must find concrete solutions to their satisfaction. The role of local government in this respect is crucial, especially when we refer to a rural community. Should be given to human and economic resources, culture, environment, traditions, whole social capital, economic and informational administrative authorities and if these resources are not enough, they must be supplemented or created, including projects with grant. Also neglected is the support of citizens in achieving the desired results and in rural communities, often involving citizens actively and directly.

185-196

Authors: Vladimir Vasilita

The given work represents a thematic analysis of the author concerning the alleged existence of the cause-effect correlation between the secessionist movements in the eastern districts and the southern part of Moldavia and the perturbations caused by these on the process of fulfilling the fiscal obligations faced by our state. Initially, the author succinctly describes the current situation in the Transnistrian region, making reference to a small part of the studies, articles, normative acts and case law of the European Court of Human Rights (ECHR), which refer only to some of the multiple abuses that resulted in the violation of the basic human rights and fundamental freedoms and interests that continue to be infringed. The descriptive part of the article contains several kinds of activities of the national economy that constantly cause substantial damage to the national public budget. One of the key reasons for such a state of affairs is supposedly the inappropriate approaches to the subjects concerning the regulation and efficient fulfillment of the fiscal obligations in relation to the self-styled regime of the Transnistrian region. The last part of the article includes all the basic ideas that were formulated in the work as well as a number of lex ferenda proposals designed to foil fraudulent schemes, where separatism is one of the factors that favor their existence. Consequently, the author notes that the implementation of the formulated proposals will contribute to the substantial improvement of the whole process of fulfilling the fiscal obligations in the Republic of Moldavia.

213-223

Authors: Antal Visegrady

There is no doubt that each legal system has to face the fact of the role of judicial practice in the legal changes and the Central-Eastern European region is no exception. Judicial practice in Central-Eastern Europe develops the legal system in two ways. In the strict sense, by producing congruence between the changing social-economic relations and the corresponding, unchanged legal regulation. In the broad sense, judicial practice develops the legal system by bringing the already regulated and unchanged conditions of life into harmony with legal norms reflecting them in a inadequate – too narrow or too broad –form. The main spheres and forms of the judicial development of law are the interpretation, the concretization, and the individualization of legal rules, the filling of legal gaps by way of analogy, and the setting of examples of equity. The means of the judicial development of laware the interpretation of legal rules and the so-called analogia legis and iuris.The main conclusion which can be drawn from the above said is, that judicial practice – by means of its law-developing role – may contribute to the advancement of the effectiveness of law to a great extent. On the basis of all these, we believe that the perspectives of the development of Central Eastern European legal systems lie in the conscious combination of the legislative and judicial development of law.

5-11

Authors: Agata Mihaela Popescu, Ionita Cochintu

The right of access to justice is one of the most important fundamental rights elevated to constitutional principle, as laid down in Article 21 of the Constitution, which provides that "any person can go to court to protect the rights, freedoms and interests legitimate, no law may restrict the exercise of this right, the parties having the right to a fair trialand settlement of cases in a reasonable time". But, like any law, access to justice is subject to certain limitations, not an absolute right, and in consideration of special circumstances may be considered special rules of procedure, as well as ways to exercise procedural rights. Under the constitutional provisions of Article 126, the legislature may establish general rules of procedure, but may establish certain rules derogating from the common procedure. These are the general rules which set bail, but also that certain entities exempt from the payment. In this paper we try to present reasons why the legislature has resorted to such measures and considerations taken into account by the constitutional court has ruled that it is constitutional exemption from the payment of public institutions established by way of bail.

12-19

Authors: Maria Ureche

Applicability of administrative regulations, in correlation with the incidence of tax rules, gave birth to custom situations, which, in addition to the one created in the understanding and the wrong interpretation of the text of the law generated the application of the force of compulsion of the State. The present work is not focused only on a theoretical analysis of texts of law incidents, but especially is based on practical comments considering the action filed in the Administrative Court by a person who was considered damaged by the administrative authority.

65-71

Authors: Mihai Cucu

Le but du présent ouvrage est d’analyser et de mettre en relief les bénéfices des exercices physiques effectués par les détenus tant dans le cadre de l’enseignement pénitencier, que dans celui des activités ludiques permises à ceux-ci. Les recommandations de l’U. E. dans ce domaine prévoient que la détention n’a plus un rôle coercitif, mais éducatif. Nous avons suivi sur les lieux les effets bénéfiques de ces activités sur le comportement des détenus. Avec le personnel du pénitencier et les cadres didactiques de l’école qui s’y trouve, à la suite de cette recherche, nous avons abouti à la conclusion que les activités sportives engendrent les meilleurs résultats en vue de la rééducation des incarcérés. Les bons résultats de la recherche nous autorisent de proposer l’allocation d’un nombre plus grand de classes destinées à ces activités, en particulier dans les écoles des pénitenciers, cela étant aussi le principal désir des condamnés élèves.

86-105

Authors: Ilie Urs

The maintenance contract is currently a called contract, specifically governed by the new Civil Code in Title IX ( Various special contracts ), Chapter XVIII, art. 2254 -2263. Maintenance may be provided against payment or free of charge. Also, maintenance can be provided in favor of a third-party beneficiary.The maintenance contract may be concluded for a specified term or for life-kept. Like life annuity, maintenance can be established and maintained during the life of many. If the maintenance contract has several lenders and borrowers, the maintenance obligation is indivisible both in terms of creditors and debtors about. Maintenance debtor owes established benefits equitably, taking into account the value of the social capital of the creditor before the contract. Benefits in kind the debtor, to be fair, must be adequate materialy and spiritualy to the needs of the maintenance creditor, to ensure its normal standard of living, normally at least equal to that before the contract. Also, benefits in kind should be adapted and updated for age, current needs and developments in the health maintenance of the creditor. The maintenance contract is terminated by resolution. When termination is based on art. 2263, paragraph 2 of the Civil Code or is made without the justification in failure of maintenance, termination may be given only by the court.

119-124

Authors: Elena Damian

An important representative of the Godefroy family, a true dynasty of legal advisers and historians, Jacques Godefroy (Geneva, 1587-1652) spent almost his entire life in Geneva. In 1619 he was named professor of law at the University of Geneva, but he was better known and more appreciated for his numerous works than for his teaching activity. Among his works, the most famous and mostly used by jurists is the remarkable commentary on the Theodosian Code, Codex Theodosianus that appeared in Lyon, in 1665, in 3 volumes in-folio and was reedited in Leipzig in 1736-1745. A few copies of the valuable works of the French scholar can be found in Transylvania as well, and they are still kept even today in some prestigious libraries in Cluj-Napoca or Târgu-Mureş. Among the owners of these books there also were the well-known scholars Timotei Cipariu and Sámuel Teleki.

7-9

Authors: Elena Mihaela Fodor

The high number of participants (over eighty, from six countries) and the topicsdiscussed proved once again that the efficiency of legal norms is a subject of constant interest in all areas regulated by law and permanently connected to other social rules. This volume of our review contains a selection of the papers presented at the conference. The editors are grateful to all authors for their contributions to this publication and peer reviewers for their valuable contributions to the improvement of draft papers.

21-27

Authors: Emilian Ciongaru

An individual’s right to remain silent and to not contribute with anything to their own incrimination represents a basic exigency for the carrying out of a fair trial, despite the fact that the right to not testify against one’s self is not expressly guaranteed by the Constitution. International conventions and laws implicitly result from this as a right valorised in the process of communication under different forms, some of them regulated under the law. Thus, the right to silence may not be considered as an absolute right and, in order to check whether it is accepted so that the courts may draw conclusions from the silence of the accused person, one must verify the circumstances of the case. Despite the right to silence, a person suspected of an illicit deed is free to answer or not the questions addressed to them, as long as they consider this as serving their interests or not.

41-47

Authors: Sidonia Culda

The topic of this article may be analysed only by proceeding from the conception oncivil liability. In our civil law, delictual civil liability represents common law materialliability, in the sense that its norms and principles are applied without exception if there are no special regulations. The Civil code also contains provisions regarding contractual civil liability which appear as different from the norms that regulate the regime of civil liability, but practically they are at the same time an application of these norms. Through its functions and characteristics, legal liability is at the centre of social liability, a position held both previously to adopting the new Civil code and today. Liability reflects the evolution of social life in its dynamics. In the old Civil code from 1865, liability was regulated in art. 998-1003, which had the value of principles, complemented by a number of provisions on the effects of obligations, special contracts such as: sales agreements, lease agreements, contractor agreements etc. Analysing these texts, one may see that, at first, civil liability was characterised by universalism, individualism and moralism. Namely, that any human deed causing damages to others requires a remedy; any person is individually responsible for the damages caused; and the idea of liability also implies the idea of sanctioning the author of a deed that has caused damages for culpability in committing the deed. Economic and social development, including the development of insurances, caused civil liability to stop being exclusively individual and founded on fault or guilt. Thus, there are more and more hypotheses in which liability is objective, without guilt, founded on the idea of risk, on social culpability and the idea of guarantee.

58-64

Authors: Bujorel Florea

The study starts from the reality according to which the donation contract belongs to the gratuitous acts (liberalities), on which the lawmaker lays special emphasis as compared with the onerous acts. This difference in treatment consists in the fact that liberalities are more susceptible than the onerous acts to produce abuses and to harm the legitimate interests of the person who disposes and of his family. Taking into account all these, the author analyses the rights and the obligations of the parties of the donation contract, as well as the juridical means available to them in the case when the other party does not fulfill, with guilt, his obligations. At the same time, the study presents also the publicity formalities that have to be done in relation with the object ofthe donation, in the view of providing the opposability of the donated object against the third parties. The article presents viewpoints from doctrine and jurisprudence relative to various juridical situations as concerns the liability of the parties that are guilty for the nonfulfillment of the obligations resulted from the donation contract. Also, the author presents his personal opinions as regards the unregulated and controversial situations in the approached matter.

78-84

Authors: Monica Gheorghe

The present paper analyzes the legal regime of the day labourer, the juridical relation between the day labourer and the beneficiary according to Law no. 52/2011 concerning the execution of certain activities with casual nature held by the day labourers. After a period of three years characterized by an unclear and oscillating vision of the legislator on the day labourers, Law No. 52/2011 on the exercise of occasional activities carried out by day labourers has suffered a recent alteration, brought by Law No. 18/2014. Before its entry into force, Law No. 18/2011 was once again altered by the Government Emergency Ordinance No. 36/2014. The road crossed by the legislator was also reflected in the legal doctrine. There were contradictory opinions about the contract that stayed at the basis of the relation between the day labourer and the beneficiary, such as: it was considered either a civil contract, either a labour contract of specific character. After the second change operated, the initial concept of labour relation was reintroduced. The last extended the sphere of the identical or similar regulations to the ones embodied in the Labour Code and in the labour legislation, in its whole. The legal regime applicable to day labourers, according to Law No. 52/2011 with the further alterations and completions – as special law – will consist of the regulations of the labour law if they do not contravene to the peculiarity of this contract. In relation to the mention that the relationship between the day labourer and the beneficiary is established by means of an agreement between the parties, without the written conclusion of an individual employment contract, as well as in relation to the concrete legal regime applicable, according to a point of view recently expressed and which we share, the contract between the day labourer and the beneficiary is qualified as an imperfect individual employment contract.

101-104

Authors: Ruxandra Mitica

In order to increase the confidence of litigants in the judiciary, a clear enshrinement of the rights of the citizen throughout the criminal proceeding stages and a greater guarantee and promotion of these rights are imperative. Thus, the provisions of the new Criminal Procedure Code bring to our attention changes with impact on the prosecutor's role in promoting and guaranteeing human rights. The general objective of this article is to analyse the role of the prosecutor in criminal proceedings as a result of the latest changes made by the entry into force of the new Criminal Procedure Code.

120-126

Authors: Tudor Oniga

This communication wants to bring attention to the possibility that they traffic accident victims to get late payment reported to the moral and material damages determined by court decisions. Detailed analysis aimed at concrete ways you can get to these penalties and to be trodden path to be able to claim from insurance companies such amounts. We stopped in this topic due to multiple legal actions on this issue that they have to use direct and indirect victims of road accidents especially after legal infringement of insurers in damages and penalties for late payment.

136-141

Authors: Maria Orlov, Roman Staraşciuc

In countries with stable and democratic traditions, government is stable not only because of the perfection of the organization of the legal framework, but mostly because of traditions of civil society. Civil society is one that can influence in the whole process of government. Its intervention can take different forms from opinions voiced in media projects and legislative initiatives, close to even to support events and street protests. Civil society in Moldova is born under a major economic and political crisis, when blocks and political parties dismantling or excessive polemics, when ruling class arrive late to adopt the necessary practical and effective way out of this situation that affects the whole society. Ordinary people, overwhelmed by falling incomes, inflation, unemployment and other socio-economic issues are increasingly concerned about their own survival, they avoid getting involved in social, cultural, political and philanthropic activity and emigrating every year more and more. Formation of civil society is a big challenge for democracies in transition because stereotypes inherited from the totalitarian period are deeply rooted in the minds of citizens. Covering cultural space between the individual and the state, civil society is regarded as the determining factor of success or failure of democracy and good governance.

151-158

Authors: Alexandra Pleşea-Creţan

Without any doubt, the biggest challenge of the last decade for the international community had been the economic crisis which emerged in 2008 and generated a set of effects still felt by the states today. Although the European Union had rules designed to maintain a balanced public debt and deficit, they proved inefficient and easy to avoid. Therefore, when the crisis debalanced the world economy, the EU member states found themselves with a set of rules which failed to secure the recovery of their economies. Under this circumstance, the European Union developed a new agreement regarding the fiscal governance, having as main purpose the maintenance of a fiscal balance by ensuring a public debt no higher than 60% of the Gross Domestic Product (GDP) and apublic deficit no higher than 3% of the national GDP. Considering the length and the complexity of the European crisis, the European Union recommended for the states to establish these limits which should assure not just the fiscal balance, but the equilibrium of the entire economy in their constitutions in order to give much more power to these European rules. Analyzing this context, is Romania, as member of the European Union, able to providean efficient constitutional framework for the limitations of the public debt and deficit determined by the EU? This is a question which remains to receive an answer in the following paper.

166-174

Authors: Mariana Narcisa Radu

Drawing on the criminal codes of other states as well as the issues raised by the doctrine and jurisprudence, the new Criminal Code brings significant changes to the offense of rape, changes aimed at, among others, aspects regarding its subjects. In this paper are analyzed: the possibility for a legal person to have the quality of active subject of rape, issues concerning the quality of passive subject, the regulation of aggravated forms and its implications, etc.

190-196

Authors: Ioana-Virginia Sasu Bolba

The approach of such a subject is not a fantasy, nor is it new. It is interesting to find outthat quite a lot of people have been particularly interested both in law and justice and in the origin of mankind. Our theme is part of an amazing study regarding our origin as human beings and its impact upon behavior. We must assert from the beginning that our own past lies far behind, and justice and law codes, that might be thought of as required by “civilized” society, appeared about 400.000 years ago and written law in 2050 BC in the so-called “lost empires,” which appeared and disappeared long ago andwere governed by gods themselves. The present paper is an attempt to observe all these aspects and we have done it not only from a juridical viewpoint, but combined and supported by history, archeology, and last but not least, by mythology.

229-239

Authors: Lucian-Sorin Stănescu

Surprisingly, the judicial research seems to have stopped with the approach of the interpretation methodology at the level of the legal norms in general, paying less attention to this field of law at the level of the norms contained in the supreme law in the hierarchy of the law system. In the Romanian doctrine there is a single and beneficiary monograph focused on the constitution interpretation that, noticing the existence of the premise that we stated above, makes an inventory of the interpretation methods for the fundamental law based on general valid guiding marks from the law theory and jurisprudence of the Constitutional Court of Romania. Starting from the observation that the inventory of this monograph lacks just the teleological interpretation, the present study makes an introduction to the epistemological horizon of this interpretative method and it aims to identify the purposes and the principles of the Constitution, as well as the relation between them and the spirit of the fundamental law. The connection between the teleological interpretation method and the constitution efficiency notion may be given by the extent of the immanent purposes’ accomplishment of the fundamental law in the meaning of ensuring an equilibrium state issued by the primary sense of the Pareto optimum among the state powers, among individuals and between the state and the individuals. This equilibrium state is the direct result of the institution of effective mutual control forms between powers, of the governors by the governed and the citizens’ participation to the public decision process.

244-249

Authors: Ilie Urs

When the inheritance is being opened, the legatee is entitled to accept or give up the legacy. Should he choose to accept the legacy, the legatee is obliged to fulfil the obligation established by the testator. According to the provisions of the first paragraph of Article 1069 of the Civil Code, first thesis, someone can request the annulment of the legacy in case the legatee has “unreasonably” failed to fulfil the obligation, meaning the guilt of the legatee must be established. According to the legal literature, the failure of the general devisee to pay a particular legacy is also considered to be a failure to fulfil his obligation. The right to request the annulment of a legacy for failure to fulfil the obligation established by the testator shall be prescribed (shall become invalidated) within a year from the date the obligation must be fulfilled.

258-266

Authors: Dana Vulpaşu

Often presented in contrast, public order and freedoms are however, a liberal state, perfectly reconcilable and complementary; it can be said that it is necessary, for freedom to be fully exercised, to be regulated to protect public order. As proof, international and national regulations guarantee human rights, but do not exclude the possibility of limiting them because the existence of unconditional rights cannot be accepted in a democratic constitutional system. Harmonious arrangement of individual liberties requires the exercise of liberties by some do not prejudice the one of others. Public freedoms cannot pass public order because the disturbances compromise their full exercise. Also, public order cannot pass freedoms to the extent that, in a liberal state, they are part of its definition.This article highlights the importance of a balance between maintaining public order in a preventive manner, as purpose of the administrative police, and limiting the exercise of public liberties, as administrative police finality, and also the regulatory processes of these freedoms in a comparative perspective.