Contestația privind tergiversarea procesului. Aspecte teoretice şi practice

"This article examines the legal institution of the challenge against the delaying of proceedings, having as premise the raison d’être of this institution. The Romanian legislator took a first step towards conducting proceedings if not within an optimal and foreseeable period, at least within a reasonable one, by amending the Code of Civil Procedure to introduce the institution of the challenge meant to expedite the conducting of civil trials. Throughout this article we will look at how the challenge against the delaying of proceedings has been regulated, but in particular at the problems that have arisen in practice. Finally, several proposals de lege ferenda are put forward, which should be implemented by the legislator in order for this legal institution to achieve the purpose for which it has been adopted, followed by a few conclusions reflecting the state of play of this institution, but especially answering the question of whether the challenge against the delaying of proceedings is an effective remedy, within the meaning of art. 13 of the Convention, against the excessive duration of proceedings."

Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine

In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.

Efectele pandemiei SARS-CoV-2 asupra activității și procedurii în fața Curții Europene a Drepturilor Omului

At the beginning of the SARS-CoV-2 pandemic, the European Court of Human Rights ruled and then extended the decision to suspend part of its activity, as well as certain procedural time-limits, including time-limit for referral to the Court through the means of a state or an individual application. These measures do not comply with the European Convention on Human Rights, nor with the Rules of the Court. The control of the regularity of these measures may be exercised by the judicial formations of the Court, acting in the specific cases.

Convenția de la Lanzarote privită prin prisma unor prevederi din partea specială a Codului penal al Republicii Moldova și din cea a Codului penal al României

To ensure a proper prevention and combating of sexual exploitation and sexual abuse against children the provisions of the special parts of Moldovan and Romanian Criminal Codes should be in line with art. 18-23 of Lanzarote Convention. However, Moldovan and Romanian Criminal Codes do not reflect entirely these provisions. Unjustified deflections from the provisions of art. 18-23 of Lanzarote Convention have a negative impact on unifying the international provisions on preventing and combating sexual exploitation and sexual abuse against children. To facilitate the compatibility of the special parts of Moldovan and Romanian Criminal Codes with Lanzarote Convention, the authors of this article highlight solutions to improve legal provisions.

Prestaţia compensatorie în Codul civil român

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

Reprezentativitatea organizațiilor sindicale și a organizațiilor patronale

"The relations between trade unions and employers’ organizations are decided by collective labor agreements. The manner in which employers and employees organizations recognize themselves as capable of representing their members is decided by the internal legislation of each country. In Romania, representativeness is an essential condition, which must be met by employers’ organizations and trade unions wishing to participate in the negotiation and signing of collective labor agreements."

Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.

Numele autorului – o marcă neînregistrată a operei

A work can be made known to the public with the real name of the author or with a pseudonym or in the version of anonymous work. In the current article, we want to highlight the relevance of the author’s name, which can acquire the value of unregistered trademark by analysing this aspect from different perspectives. Three names, three famous authors, three distinct cases that reveal the legal values of the author’s name, which became a symbol in guaranteeing the quality and authenticity of the work.

De la o factură de electricitate la supremația dreptului european: astfel s-a născut doctrina Costa c. Enel

Whilst Costa vs. ENEL is the locus classicus for most accounts of the primacy of European law, the story of that lawsuit is still relatively unknown. What drove Flaminio Costa to sue his electricity provider over a bill of as little as ₤1.925 (about €22 in 2020)? Why did the Small-claims Court of Milan decide to involve both the Italian Constitutional Court and the European Court of Justice in such a „petty” lawsuit? Why did those two courts hand down such different rulings? How did the lawsuit end when it came back from Luxembourg? Relying upon previously undisclosed court documents and interviews with some of the actors involved, this paper seeks to shed some light on the less-known aspects of the Costa v ENEL lawsuit, against the background of electricity nationalization in Italy at the height of the Cold War, and to assess the contribution of that lawsuit and of its „architect”, Gian Galeazzo Stendardi, to the approfondissement of the doctrine of primacy of European law.

Tipuri de investigații sub acoperire

In Eastern European countries, undercover investigation appears under different names such as: the use of undercover investigators; operative infiltration; carrying out a special mission within an organized group or a criminal organization, the particularities are common. The differences refer to the legal limits of the activity of the undercover investigator as well as to the forms of use of the information obtained. The undercover investigation is mainly applied to the detection of drug trafficking, arms trafficking, corruption and organized crime. So, the types of undercover investigation, resulting from the positive practice of the criminal investigation bodies, foreshadow an efficient methodology of investigating these categories of crimes.