Juridical Tribune - Tribuna Juridica

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Authors: Assistant professor Mihaela ROTARU

Taking into consideration the impending entry into force of the new Criminal Code, we have thought the analysis of the material element of the offense of injury to the fetus to be necessary because the Criminal Code in force does not contain a similar regulation, whose passive subject to be the fetus. Because we do not have rules of the Court in this field yet we have tried to give possible examples in order to explain the theoretical aspects presented in the study.

9

Authors: Professor Ph.D. José João ABRANTES

A “welfare State” is a concept of government in which the state plays a key role in the protection and promotion of the economic and social well-being of its citizens. It is based on the principles of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions for a good life. The general term may cover a variety of forms of economic and social organization. This article examines the concept of welfare state in the context of legislation adopted in recent years in Portugal that wants to "provide greater flexibility" of the labour market. This article discusses the crisis and the future of the Social State that is also, according to my view, an act of citizenship, a way of expressing our concern with the actual status of the welfare State.

11

Authors: Lecturer Ph.D. Ovidiu Horia MAICAN

The public sector, represented mainly by public enterprises, is important because it provides the link between the private and public interests. The state support for public enterprises and trade monopolies may create discrimination between them and private companies. Because of the importance of this issue, it has been regulated at Community level.

12

Authors: Ph.D. Marieta SAFTA

The complexity and dynamics of political life leads to developments and reconsiderations in terms of classical theories of constitutional law. Such a process occurs also in the case of separation of powers. Many factors have a bearing on how this theory is currently translated into practice, which requires additional perspectives of analysis in order to develop improved models of cooperation and balance of powers, according to new political realities. This study aims at examining the principle of separation and balance of powers in terms of mutual respect and loyal cooperation between institutions, or, in a broader sense, of constitutional loyalty, an intrinsic value-principle of all constitutions, without which no fundamental law, no matter of how democratic it might be, could function properly2 . Based on examination of concrete cases drawn from the case-law of the Constitutional Court of Romania, the study demonstrates that, in lack of constitutional loyalty, the objective pursued by enshrining the principle of separation of powers cannot be achieved effectively, i.e. compliance of public authorities and political actors with constitutional provisions is purely formal and the alleged collaboration between them is a "dialogue of the deaf" at the expense of democracy. The seriousness of the consequences of this type of behaviour requires identification of remedies. What are the limits and what solutions can be identified in this regard are questions that also we aim to answer.

20

Authors: Associate Professor Ph.D. Silvia Lucia CRISTEA Student Nicoleta Cristina IFRIM

The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.