The 1st Semester, 2014

Author:Ovidiu Predescu - Andrei Dutu
Position:Professor, pHd, Law Faculty, The Director of 'Dreptul' Magazines, Vice President of the Union of Jurists of Romania, Honorable Scientific Researcher at 'Acad. Andrei Radulescu' Legal Research Institute of the Romanian Academy - Lecturer, phd, Law Faculty
(THE 1st SEMESTER, 2014)
“George Bariiu” University, Braşov, Romania
Andrei DU^U
Ecological University in Bucharest
Internal scientific events
• In the Aula Magna of the Romanian Academy, on 6 March 2014, the
reverential session “Six decades of scientific research in the field of law” was held. In
the opening of this event consecrated to the celebration of the 60 years from the
establishment of “Acad. Andrei Rdulescu” Legal Research Institute of the
Romanian Academy (hereinafter referred to as ICJ or the Institute), the
academician Ionel Haiduc, the President of the Romanian Academy, held a
speech, evoking the significances of the respective event and revealed the
presence of the jurists in the supreme scientific and cultural forum of Romania.
The following persons transmitted greeting messages and interventions from
abroad: the Emeritus Professor Xavier Blanc-Jouvan, the Society of the Compa-
rative Legislation of Paris (“The Comparative Law in the French and Romanian
scientific dialogue”); Prof. Vlad Constantinesco, the Dean of the International
Faculty of Comparative Law of Strasbourg (“Comparative law and scientific
research”) and Prof. doctor h.c. multi Ulrich Sieber, the Director of “Max Planck”
Institute of Comparative and International Law of Freiburg – Germany (“The
judicial order and globalization”).
In the greeting addressed to the ICJ, Mr. Ioan Chelaru, PhD., the President of
the Union of Jurists of Romania (UJR), revealed, among other issues, that the
establishment of this institute “had represented a reference moment for the
science of the Romanian law” and that, under the circumstances of the
 Professor, pHd, Law Faculty, The Director of „Dreptul” Magazines, Vice President of the
Union of Jurists of Romania, Honorable Scientific Researcher at “Acad. Andrei Rdulescu”
Legal Research Institute of the Romanian Academy
 Lecturer, phd, Law Faculty.
Law Review vol. IV, issue 1, Januar
-June 2014, p. 2-8
(The 1st semester, 2014) 3
totalitarian society, ICJ “had brought together a group of exceptional
personalities, which had contributed in a critical way to the continuation of the
valuable traditions of the Romanian law. Hence, despites of those times,
committed legal institutions could be preserved, mainly in the field of the private
law ...”. Likewise, he paid homage to the academician Andrei Rdulescu, a
complex and representative personality of the Romanian legal culture, whose
name has been given to ICJ since 2006. On this occasion, UJR granted to ICJ the
medal and diploma for excellence “for the major contribution to the development
of the legal sciences”.
Any greeting messages were also expressed by the representatives of any
research institutes, universities, faculties of law, jurisdictional institutions,
Parliamentary committees, ministries.
The contribution of ICJ to the development of the Romanian legal science
during these 60 years of activity so far, was described by: Mrs. Marilena Uliescu,
PhD. (for the field of the private law), Mrs. Sofia Popescu, PhD. (public law) and
Mr. George Antoniu, PhD. (criminal law), all of them being emeritus scientific
On the occasion of taking the floor, the Prof. Mircea Duu, PhD., the Director
of ICJ, mentioned that the great merit of the Institute “resides in and remains,
before all, that related to the laying of the foundations of the doctrinary and
scientific - legal research in Romania, determining its specificity, by stating its
own subject matter and the particular investigation method, promoting its
interests – technically and critically – of the legal knowledge and the deployment
of the concrete activity in compliance with it”.
Finally, on this occasion, the Agreement of the scientific cooperation between
ICJ and “Max Planck” Institute of Germany was signed.
• On 7 March this year, the annual session of scientific communication of ICJ
was held at the House of the Romanian Academy, having as topic “The Romanian
judicial doctrine: between tradition and reform”. The proceedings of the session were
held in three sections, namely: public law, private law and respectively, criminal
After the director of ICJ, Prof. Mircea Duu, PhD., had taken the floor in the
opening of the session the emeritus scientific researchers of the Institute took the
floor, as well. Thus, Prof. Marilena Uliescu, PhD., debated the topic “Civil liability.
Evolution and reform”, Prof. George Antoniu, PhD. presented certain issues related
to the “Romanian criminal doctrine”, and Prof. Sofia Popescu, PhD., in the
conclusion of the first part of the session, discussed about the communication
General considerations on the judicial doctrine”.
The activity of each section was conducted by the researchers of the Institute,
whereas the approached topics were almost exclusively dedicated to the new
civil and civil procedure codes and respectively, to the criminal and criminal
procedure codes. For instance, some papers were noticed in the section of private
law regarding the regulation of the fundamental institutions of the civil law (for
instance: Tradition and innovation regarding the regulation in the new Civil Code of the
severable and non-severable obligations – Associate Prof. Paul George Buta; The New
Civil Code and the evolution of regulating the direct action – scientific researcher
Dumitru Dobrev; Brief considerations regarding the life-income agreement in the
regulation of the new Civil Cod – scientific researcher Mihaela Berindei; Reflections
on the cancellation of the employment agreement, in the light of the new regulations –
Prof. Raluca Dimitriu, PhD., and so on).
The section consecrated to the public law was mainly focused on the issued
related to the judicial doctrine (for instance, Judicial doctrine and/or judicial science?
Prof. Ion Craiovan, PhD.), certain subjects being emphasized in this
background, as well, in relation to the European and international law (for
instance: Benchmarks and contributions regarding the Romanian doctrine in the matter
of the Community and European Union law – Prof Mihai Şandru, PhD.; The
prosecution law in the light of the United Nations Convention of 1982 on the Law of the
Sea – the scope, the conditions and the ways of exercise – Mrs. Cristina Simona Rotaru,
Finally, the section of criminal law, as it was natural, treated any subjects
related to the enforcement of the new – criminal and criminal procedure - codes,
considering both the issues of substantial criminal law (for instance, Issues
regarding victims of domestic violence – Junior Prof. Aura Preda, PhD.; The killing of
newborn by its mother in the light of the new Criminal Code – Lecturer Iulian Ioni,
PhD.), as well as any criminal procedural considerations (for instance, Reopening
of the criminal trial in case of the judgment by default – Prof. Petre Buneci, PhD., and
so on).
• On 8 May this year, in “Constantin Stere” Hall of the Senate of Romania, a
scientific debate took place, being organized by “Dreptul” magazines, edited by
UJR, with the support of the Senate of Romania and of the Committee for the
Revision of the Constitution of Romania. The debate with the topic “Constants of
law and the revision of the Constitution of Romania, emphasized the perennial
aspects of any Fundamental Law, besides the revisions of less or larger scope,
which may become useful or relevant.
The opening speeches were held by: Mr. Ioan Chelaru, PhD., the Vice
President of the Senate, the Vice President of the Parliamentary Committee for
the revision of the Constitution, the President of the UJR, Prof. Ovidiu Predescu,
PhD., and Director of „Dreptul” magazines.
The part reserved to the scientific communications aiming at the
above-mentioned topics was conducted by Mrs. Prof. Simina Tnsescu, PhD.,
Assistant Editor-in-chief of “Dreptul” magazine and Vice-dean of the Faculty of
Law of the University of Bucharest. Certain communications were exposed by
(The 1st semester, 2014) 5
any famous personalities of the Romanian constitutional law, namely: Prof. Ioan
Muraru, PhD., the former President of the Constitutional Court; Prof. Dan
Claudiu Dnişor, PhD., the Rector of the University of Craiova; Prof. Ioan
Alexandru, PhD., the Vice President of UJR; Prof. Ştefan Deaconu, PhD., The
Faculty of Law of the University of Bucharest; Prof. Mircea Criste, PhD., the
Faculty of Law of the West University of Timişoara; Prof. Valer Dorneanu, PhD.,
Judge to the Constitutional Court; Junior Prof. Bogdan Aurescu, PhD., Secretary
of State, Ministry of Foreign Affairs.
The session of scientific communications was followed by the debates which
were conducted by Mr. Ioan Chelaru, PhD..
International scientific events
• The amphitheatre at the Library of the Romanian Academy held on 21
March 2014 the international conference with the topic “The new criminal law – an
important stage in the development of the Romanian law”, an action belonging to the
series of the “Proceedings Citation Index Conferences” by Thomson Reuters. The
conference was organized by ICJ, by UJR – “Dreptul” magazines– and by the
Romanian Association of Criminal Sciences. The respective action was honored
by the presence of certain famous personalities of the science of the European
and Romanian criminal law (for instance, the professors José Luis de la Cuesta,
the President of the International Association of Criminal Law, Lorenzo Picotti,
from the University of Verona, Italy, Jean Pradel, from the University of Poitiers,
France, a permanent member of the International Academy of Comparative Law,
and George Antoniu, the honorary scientific director of ICJ).
Prof. Mircea Duu, PhD., the Director of ICJ took the floor in the opening of
the action, and afterwards the introductory discourses of the guests followed.
Thus, Prof. George Antoniu, PhD., exposed the communication with the topic
“The New Criminal Code. Tradition and reform”, and further Prof. José Luis de la
Cuesta, PhD., examined the issue aiming at “The codification of the criminal law
from the point of view of the European Union”. Thenceforth, Prof. Lorenzo Picotti,
PhD., referred to “The corruption offences in the new Romanian criminal code and in
the Italian criminal code after the reform of 2012”. The general exposures were
concluded by an intervention with the topic “What does a code mean? Reflections on
the codification” held by Prof. Jean Pradel, PhD.
During the meeting – organized in sections conducted by the Professors
Nicolae Volonciu, Ovidiu Predescu, Petre Buneci and Tudor Avrigeanu, PhD., a
scientific researcher of 2nd degree – 59 communications were presented in the
field of the criminal and criminal procedural law, of the criminology and of the
European criminal law.
• On 11 April this year, ICJ and the Romanian Society of Criminology and
Criminalistics (RSCC) organized the international conference with the topic “The
criminality and the environment” in the Aula Magna of the Romanian Academy.
The proceedings of the conference were conducted both in plenum, and per
section (the 1st section – The environmental protection and control; the 2nd section –
Criminal circumstances with potential for violence).
The opening speech of the proceedings of the conference was held by Prof.
Mircea Duu, PhD., the Director of ICJ and the Vice President of the UJR, who
referred to the significance of the relationship between the criminal law, the
criminology and the environment.
Likewise, certain speeches and interventions on the approached topic were
held by: Prof. Rodica Mihaela Stnoiu, PhD., the Honorary President of the
RSCC; Prof. Ovidiu Predescu, PhD., the Director of “Dreptul” magazines, the
Vice President of the UJR; Associate Prof. Maia Teodoroiu, PhD., Secretary of
State in the ministry of Justice.
At the end of the plenary session it was launched the volume entitled
Criminology and Criminological Psychology” by the author Alin Leş, PhD., the
President of Sibiu Branch of the RSCC.
During those two sections, any interesting scientific communications were
exposed about the above-mentioned topic. These communications were drawn
up by any famous scientific researchers of the ICJ, by any known professors
within the country and from abroad, as well as by any legal practitioners who
have any relation to the approached field.
During the period 8-10 May this year, The West University of Timişoara
held the second World Congress dedicated to the resilience: From person to society.
For the first time during an international scientific event, the resilience was
approached and acquired a judicial perspective. Thus, a new concept was
shaped, that of legal resilience, which may occur in the interaction of the judicial
component (the component of law and of criminal justice,, inclusively
victimology or criminology) with that of the sciences having the human psyche
as the object of activity, such as Psychology, Psychiatry etc.
The congress enjoyed a large participation of the experts in the field of
resilience, including names of a special national and international distinction:
Ann Masten, Prof. at the University of Minnesota, Boris Cyrulnik, the Program
Manager at the University of Toulon, Sir Michael Rutter, Prof. at the London
Institute of Psychiatry and Şerban Ionescu, Emeritus Prof. at Paris 8 University –
Saint Denis and at the University of Québec, Trois-Rivières.
The papers of the congress, in which more than 500 practitioners
participated, being teachers and researchers of 27 countries in the world, which
intervene in the field of the individual resilience (approached from the
perspective of the life cycle), in the field of the family, community and societal
resilience, contributed to the progress of the present stage of the research on the
(The 1st semester, 2014) 7
resilience – a stage defined as being the “fourth wave” –, characterized by a
multidisciplinary, interdisciplinary and even trans-disciplinary analysis.
On the part of the UJR – a partner of the congress organizers – Prof. Ovidiu
Predescu, PhD., the Director, Vice President of “Dreptul” magazines
participated, having conducted the proceedings of the legal section of the
congress and he also participated in the international roundtable with the topic of
the legal resilience. On this occasion, he exposed the scientific communication
Resilience – victimology – criminal justice or a brief introduction in the legal
resilience”, drafted together with Mrs. Mihaela Tomi, Associate Prof., PhD., at
the West University of Timişoara.