• Union of Jurist of Romania Law Review

Union of Jurist of Romania
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  • 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.

  • Fundamentals of project finance applied to private public partnerships in Colombia

    PPPs, structured under Project Finance standards, form a system determined by a normative complex organized by subsystems and interacting and interdependent elements conditioned by a process of control and communication. This systematic nature has an effect on the legal configuration of the content of the PPP contract. It was shown that financing depends, on the one hand, on budgets that condition it and, on the other, it acts as a determinant of other elements of the system; so that there is a close relationship between the financing of the project and the challenge of contractual management. The correspondence between the components of the project finance system is of reciprocal conditioning and is determined by the communication between its parts.

  • A century of romanian arbitration: historical milestones, from tradition to modernity

    This paper presents the evolution of Romanian arbitration, proving its effort and orientation towards efficiency in order to meet the users’ needs and to adapt to the challenges of a changing world. In the seventeenth and eighteenth centuries, when the whole of Europe was struggling with the legislative activity imposed by the breaking of the old feudal tradition and the demand to meet the needs that were born with the revolutions and changes dictated by them, in our country, Caragea Code entered into force regulating also arbitration, taking over from the Donici Handbook and the Calimach Code. The latter, however, was considered superior to Caragea's legislation and applied for nearly 50 years. It followed the Unification of the Principalities and the adoption of the 1865 Civil Procedure Code with the arbitration regulated in the Fourth Book, which lasted until 1993, when arbitration was given a revival and ample regulation aligned with contemporary legislation. During the communist era there was an institution adapted to the new socialist principles for settling foreign trade disputes, the State Arbitration. This contributed keeping alive of the Commercial Code which was not abrogated, for it continued to use commercial law and its principles when Romanian law was to apply. The last significant change occurred with the entry into force of the current Civil Procedure Code in 2013, which harmonized the Romanian arbitration legislation with the most evolved trends. As culmination of the latest changes to meet the demand of placing Romania on the current international arbitration map as a suitable place to conduct a modern arbitration process tailored to trends, and to promote a sustainable arbitral system for the future, the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania recently adopted new Rules of arbitration developed from good practices and international rules in the field.

  • Administrative enforcement proceedings from the comparative perspective of legal system of Israel and Poland
  • Considerations upon international treaties which shaped the history of modern Romania (1918 - 2018)

    This research will provide a new perspective on the history of Romania, in general, and on history of modern Romania (1918 – 2018), in particular, from the perspective of various and numerous international treaties signed with or without the participation of Romania and which influenced the destiny of our country. Certain internal legal documents important for the history of Romania will be also introduced. The first document presented at the beginning of this research will be the Decree no. 3631 regarding the validation of the Unification of Basarabia, Bukovina and Transylvania with Romania, on 24th of December 1918. One of the last treaties will be The Treaty of Accession 2005 which is an agreement between the member states of European Union and Bulgaria and Romania, which entered into force on 1 January 2007. Between the two documents, almost 100 years of history are comprised. The main method of research used in drafting this study is the content analysis – simple or comparative, as the case may be – approached in a manner specific to the research in the field of social-human sciences, respectively in the field of legal sciences and history. Therefore, this analysis is mainly qualitative (broadly speaking) and less quantitative, a few statistic aspects being however emphasized where they are naturally completing the analysis of some qualitative aspects. My personal experience in the last 20 years in the field of public international law has played a very important role in the paper herein.

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