Union of Jurist of Romania Law Review

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Union of Jurist of Romania Law Review

Publisher:: Union of Jurist of Romania
Publication date:: 2011-09-27

ISBN:: 2246-9435

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Latest documents

Common law Supreme Courts. A comparative approach
The biggest part of a Supreme Court’s activity is oriented to interpreting statutes and regulations generated by the state. In the common law countries we have a small ammount of time to solve the great disputes of our time. The modern statutory law has a negative effect for the common law. In time, together with the separation of some former states from the United Kingdom, constitutional changes enforced in these countries determined a gradual separation from the UK’s judicial system. Begining with the introduction of the Statute of Westminster in 1931, Australia, Canada, New Zealand, the Republic of Ireland and South Africa acquired legislative powers equal to Britain. This gave the possibility to these countries to make and enforce their own laws. This has determined the creation of hybrid systems. These judicial institutions do not follow the model of the UK system..
Romania and Italy. The common culture of the memory of the past 100 years. Memory and identity in the romanian-italian dialogue: symbolic spaces, legal, historical and philosophical issues
Alternative dispute resolutions within administrative contracts: attributes and enforcements
This study provides an overview of the attributes of the alternative dispute resolutions (ADRs), and attempts to address the missing information about the use of these methods in Romania. Particular attention is given to the arguments that take a dispute out of the court. ADR schemes are known as out-of court mechanisms, which have been developed across Europe to reach a peaceful agreement. ADR schemes usually use a third party such as an arbitrator, mediator or conciliator, negotiator to help the parties to reach an amicable settlement. The advantages of ADR schemes are that they offer more flexibility; they are cheaper, quicker and more informal than the court. Within the world based on the country development, legal culture and traditions, business environment, and other factors ADR techniques have evolved differently in each one of them, even in the countries which are member of the same legal family. This article defines the basic ADR traits and reviews the theory, history, controversies, and future of alternative dispute resolution processes in administrative contracts.
The Romanian criminal law from the great union to the present day
In the present study, we have investigated the provisions of the first three Romanian Criminal Codes that were released in the modern Romanian era. At the onset of this scientific approach, we have made an overview of the Criminal Code of 1864, with direct reference to the doctrine and jurisprudence of the time. We have examined briefly the Criminal Code of Carol II, to which we also referred to the doctrine of the time, extremely valuable and useful to the subsequent evolution of Romanian criminal law. We have also considered a brief analysis of the Criminal Code of 1969 and the importance of this normative act in the further development of criminal law. Within the paper we have highlighted the normative value of the three codes and the value of the published scientific works, both of which have a decisive contribution to the development of the Romanian criminal law from the Great Union to the present day. We consider that the present study may be useful to researchers in this field as well as to the academic environment.
The role of social reaction reflected in the dinamics of the criminal codes - past, present, future -
The change in legal norms is closely related to the change in public power, the only social force capable of making modifications at this level. Thus, criminal law is the result of legislating society’s reaction to dangerous acts for the values established by the community. These social values are realities whose importance is given by the role they play in the formation and development of society. Once these values are undermined, the social order is undermined and thus it needs to be reintegrated through a set of pre-criminal and post-criminal measures and means, which can be both judicial and extra-judicial, and through which society has understood to prevent and combat deviant behavior. It is therefore interesting to observe how criminal law is redefined by the changes in society's mentality. From the point of view of criminal code modifications, we can see the traits of a community given by how they defend their values.
Unification of criminal law after the great union - the 1936 criminal code
A historical perspective on the criminalization of omission in criminal law
Legal thinking with regard to omission has evolved over time, and, for a long time, inaction was not criminalized in the same way as action. The Romanian Criminal Code of 2009 regulates for the first time in our legislation the principles of liability for omissive acts and situations in which there is criminal liability for an act committed by omission, in a similar way to other European criminal codes.
To vaccinate or not to vaccinate. Between moral and criminal boundaries
In the current social context, the issue of children's vaccination is a hot topic that has divided both public opinion and medical professionals into two belligerent camps that are fighting an endless war. The issue of vaccination can be approached from a multiple perspective but, by virtue of our specialization, we have proposed an objective approach that starts with morality and ends with the identification of legal boundaries, both in terms of the state's right to impose the vaccination of children, as well as the right of parents to refuse to execute such an obligation. Can we talk about a right and a correlated legal obligation in terms of child vaccination? What would be the rationale for editing imperative rules imposing such a task that can have consequences in terms of physical development, health of children and even their life? The act of criminalizing human behaviour must respect the desiderata of specific social peril level, necessity and proportionality. Is the penal intervention of the State on the issue of sanctioning the parents' refusal to vaccinate their children in accordance with these desiderata? Here are just a few of the ideas that we propose to discuss in the present study, which aims not to provide terse solutions, but to invite to an open, impartial and balanced dialogue.
Analysis of offences concerning drug trafficking in romanian legislation
The study is carrying out an analysis of the drug trafficking offences referred to in Articles 2 and 3 of Law no.143/2000 on preventing and combating trafficking and illicit drug use. For the purpose of this analysis, the provisions of Article 31 letter a) of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and the provisions of Article 2 of Council Framework Decision 2004/757/JHA of the Council of the European Union laying down minimum provisions on the constituent elements of criminal acts and penalties applicable to illicit drug trafficking. At the same time, through this analysis, the study tries to establish whether the provisions of Articles 2 and 3 of Law no.143/2000 on preventing and combating trafficking and illicit drug use have adapted to the provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and the provisions of Council Framework Decision 2004/757/JHA of the Council of the European Union laying down minimum provisions on the constituent elements of criminal offences and sanctions applicable to illicit drug trafficking.
Hindsight view on arbitration from the perspective of the visions, institutions and the personalities which have added and contributed to the evolution of this field in the last century from a to z
The paper aims to present the field of arbitration from the perspective of the evolution of both the notions and the institutions, as a synthesis of the concepts, legal terms and terms specific to the arbitration. We could talk about a kaleidoscope only from the perspective of the images that are going on in time. The paper is also a retrospective with reference to past and present facts and situations, all of which have a legal connotation and have had and continue to have an impact in the field of arbitration. This is a progressive legal process that has developed in the field of litigation and through the arbitration institution.