O analiză critică cu privire la Ordonanța de Urgență a Guvernului nr. 33/2025 privind aprobarea restituirii unor sume plătite la Fondul de Tranziție Energetică"

The essay examines in detail the Constitutional Court's decision of 10 January 1998. The Government had addressed the Constitutional Court in pursuit of an answer to the question of whether it had to resign after the new President was elected. As it could not address the Constitutional Court with that issue directly, it questioned the constitutionality of the Seimas resolution (10 December 1996) approving the Government's program for a period allegedly extending long after the presidential elections.It is shown that the issue investigated by the Constitutional Court was not only a legal but also a political question. Political questions are brought before constitutional courts in all legal traditions. The Supreme Court of the United States has developed a thorough (however contradictory) political question doctrine. This doctrine allows avoiding delegitimation of the Court's decisions in the eyes of public opinion, the media, etc. In the countries belonging to the European tradition of constitutional review, political questions usually do not form a distinct limiting doctrine. Nevertheless, in many Central and Eastern European countries such doctrines are allowed by their constitutions, stating that (constitutional) courts decide only questions of law. In Lithuania, it is established by the Constitution and reiterated by the Law on the Constitutional Court. In 1993-1996, the Constitutional Court had developed rudiments of political question doctrine, however not as a distinct one but as several separate limiting doctrines (those of standing, statute of limitations, sources of law, gaps in law, etc.). The decision of 10 January 1998 marks the radical turn to the direction of the positive political question doctrine.The Constitutional Court stated that the Government's program was a legal document, and that it was approved for a period of four years. In the article, it is proved that the program is a political document (however having legal significance), and that the four years period is the longest period for which the Government may function, although the Constitution foresees many instances in which this period may be shorter (resignation, vote of non-confidence, etc.).It was interpreted that, after the presidential elections, the Government (cabinet) was bound by the Constitution not to resign but only to "return" its powers (authorization) to the new President who, in his turn, had no right to propose to the Parliament for approval a candidacy of the Prime Minister other than the previous one. Thus, "returning" of powers was considered a version of the French Third Republic's demission de courtoisie. Reliance on the doubtful legal transplants in constitutional interpretation is seen as one of the principal weaknesses of the Constitutional Court's interpretation of the Constitution. It is demonstrated in the essay that the Constitutional Court's decision is not considered legitimate (however lawful) neither by lawyers' professional corporation nor by public opinion, and the reasons for that are supported by thorough analysis of the dicta. Moreover, the analysis of subtle wording of the new President's decrees allows foreseeing the tendency of delegitimation of dicta in the political process.

The legal consequence of this decision was that the Constitutional Court granted the lawmakers a two-year period to amend the Job Creation Law, following a process that adheres to a clear, standardized, and established method for creating omnibus laws. The Constitutional Court's Decision No. 91/PUU-XVIII/2020 was subsequently followed by the government issuing Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, which contains similar content to the Job Creation Law. This has sparked controversy within the public. Therefore, the issue that will be further examined in this research is how the creation of the Job Creation Government Regulation In lieu of Law complies with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, which declared the law conditionally unconstitutional, and how the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's decision is achieved. The research method used in this study is a normative juridical approach, which emphasizes library research. This study is descriptive-analytical, with the research stages focusing on secondary data analysis. Data collection techniques include library research and field research through interviews with relevant parties. The results of the study show that the lawmakers did not comply with the Constitutional Court's Decision No. 91/PUU-XVIII/2020, as they did not amend the Job Creation Law as required by the decision. Instead, they chose to issue the Job Creation Government Regulation In lieu of Law. Regarding the harmonization between the Job Creation Government Regulation In lieu of Law and the legal reasoning in the Constitutional Court's Decision No. 91/PUU-XVIII/2020, a lack of harmonization between the two was found.

NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE A. PRIMARY AND SECONDARY LAW Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 (the “Enforcement Directive”) on the enforcement of intellectual property rights was transposed in Romania through Government Emergency Ordinance No. 100/2005 on the Enforcement of Industrial Property Rights (“GEO 100/2015”), adopted by Law No. 280/2005 approving Government Emergency Ordinance No. 100/2005 on the Enforcement of the Industrial Property Rights and further amended by Law No. 214/2008 supplementing Government Emergency Ordinance No. 100/2005 on the Enforcement of Industrial Property Rights. The Enforcement Directive also entailed amendments to the following Romanian intellectual property (IP) acts: – Government Emergency Ordinance No. 123/01.09.2005 (“GEO 123/2005”) for amending and completing Law No. 8/1996 on copyright and related rights (“Law No. 8/1996”); – Law No. 76/2012 implementing Law No. 134/2010 of the Romanian Code of Civil Procedure – Article 75, 255, 978–979, 997–1002 (“CPC”); – Law No. 255/2013 applying Law No. 135/2010 regarding the Criminal Procedure Code and the modification and completion of several normative acts. TRANSPOSITION ISSUES GEO 100/2015 literally transposed all of the provisions of the Enforcement Directive into Romanian law, even if certain measures and remedies were already provided for by special laws protecting IP rights and further supplemented by the general provisions of Romanian civil law. Romania had adopted civil, criminal and administrative sanctions against infringements of IP rights and also remedies for enforcing such rights, immediately aft er ratification of the TRIPs agreement. Article 3 of the Enforcement Directive refers to the general principle on measures, procedures and remedies that must be provided by the Member State in order to ensure the enforcement of IP rights in fair and equitable terms. It was transposed as such into Romanian law through Article 3 of GEO 100/2015. The application of the principles set out in Article 3 of GEO 100/2015 (and correspondingly Article 3 of the Enforcement Directive) was refl ected over time in the relevant case law, including in the following: – decision No. 2072 of 27 June 2014 of the High Court of Cassation and Justice, concerning the calculation of patrimonial and moral damages resulting from the infringement of a word mark (among other things) applied the principle of proportionality between the actual nature of the damages to be repaired and the rights infringed, so as to avoid creating obstacles to legitimate trade;

Cătălin-Gabriel Stănescu and Albert Albanezi Non-judicial debt recovery is a growing and very lucrative business in Romania. After years of struggle, Government Emergency Ordinance (GEO) No. 50/2010 on consumer credit and GEO No. 52/2016 on consumer credit relating to residential immovable property represent the core legislation for informal debt collection. Nevertheless, the shortcomings of these legislative acts reaffirm that the journey ahead is long and treacherous. The focus of this chapter is twofold. First, it offers an overview of the failed legislative projects intended to implement or amend the legal provisions addressing abusive informal debt-collection practices. Although these projects tackled different issues of informal debt collection, most shared a common fate: they were all deemed unconstitutional by the Romanian Constitutional Court, mainly due to provisional inconsistencies and procedural breaches. Second, the chapter analyzes the provisions of GEO No. 52/2016 on consumer credit relating to residential immovable property, focusing on the definition of debt collectors, licensing, communications, harassment and misleading practices, the validation of debt, additional charges, and enforcement via state action, as well as highlighting the ordinance's deficiencies and areas of improvement.

Purpose of the study: The objective of this research is to investigate the positive legislature decision of the Constitutional Court, whose hierarchy is ambiguous in the order of Indonesian legal norms. Methodology: This study utilized a doctrinal legal research method with a legal realism approach. The data were sourced from primary, secondary, and tertiary legal materials. The authors employed the literature study as the method to collect data that were then qualitatively analysed. Results: The results of this study indicate that from a formal perspective, the positive legislature decision is a court verdict that falls under the jurisdiction of the judicial branch of power. However, from a material perspective, it encompasses elements such as regulations (regeling) that are genuinely located within the executive and legislative branches of power. Considering the presence of norms (regeling) in the Positive Legislature Decision, it is necessary to evaluate its position within the hierarchy of legal norms in Indonesia. Applications of this study: Constitutional judges can use this research as a reference in making positive legislative decisions. It can also be used as a reference in forming laws as a follow-up to the Constitutional Court's decision. Novelty/Originality of this study: This research revealed that the Constitutional Court's positive legislature decision includes elements of legal norms, also known as regeling, such as statutory regulations. Consequently, it is imperative to evaluate the position of courtly decisions within the hierarchical structure of legal norms in Indonesia. It is also crucial to find the legal reasoning for the Constitutional Court's positive legislature decision. Keywords: Constitutional Court Decisions, Positive Legislature, Legal Norms, Legal Hierarchy ABSTRAK Tujuan Penelitian: Penelitian ini bertujuan untuk mengkaji putusan perundang-undangan positif Mahkamah Konstitusi yang hierarkinya masih rancu dalam tatanan norma hukum Indonesia. Metodologi: Penelitian ini menggunakan metode penelitian hukum doktrinal dengan pendekatan realisme hukum. Data yang digunakan bersumber dari bahan hukum primer, sekunder, dan tersier. Metode pengumpulan data dilakukan dengan studi kepustakaan yang kemudian dianalisis secara kualitatif. Hasil Penelitian: Hasil penelitian ini menunjukkan bahwa dari segi formil, putusan perundang-undangan positif merupakan putusan pengadilan yang berada di bawah yurisdiksi cabang kekuasaan yudikatif. Namun, dari segi materiil, putusan perundang-undangan positif mengandung unsur-unsur seperti peraturan perundang-undangan (regeling) yang secara hakiki berada di bawah cabang kekuasaan eksekutif dan legislatif. Melihat keberadaan norma (regeling) dalam Putusan Perundang-Undangan Positif, maka perlu dikaji kedudukannya dalam hierarki norma hukum di Indonesia. Aplikasi Penelitian: Hasil penelitian ini dapat dijadikan acuan bagi hakim konstitusi dalam mengambil keputusan perundang-undangan positif. Dapat pula dijadikan sebagai acuan dalam pembentukan peraturan perundang-undangan sebagai tindak lanjut putusan Mahkamah Konstitusi. Kebaruan/Keaslian penelitian ini: Penelitian ini mengungkap bahwa putusan MK yang bersifat positif mengandung unsur norma hukum, yang juga dikenal dengan istilah regeling, seperti peraturan perundang-undangan. Oleh karena itu, penting untuk mengevaluasi kedudukan putusan pengadilan dalam struktur hierarki norma hukum di Indonesia. Penting pula untuk menemukan alasan hukum di balik putusan MK yang bersifat positif tersebut. Kata Kunci: Putusan MK, Legislatif Positif, Norma Hukum, Hirarki Hukum

This research discusses the Constitutional Court Decision Number 90/PUU-XXI/2023 regarding the minimum age requirement for presidential and vice-presidential candidates as stipulated in Article 169 letter q of Law Number 7 of 2017 concerning General Elections. In that decision, the Constitutional Court ruled that the age limit of 40 years remains in effect, but with an exception for candidates who are not yet 40 years old but have previously or are currently serving as regional heads. This research employs a normative juridical method with legislative and conceptual approaches, analyzing primary legal materials such as the 1945 Constitution, Election Law, and Constitutional Court decisions, supported by secondary legal materials from academic literature and journals. The research findings indicate that the Constitutional Court's considerations are based on the principles of citizens' constitutional rights, open legal policy, and the idea of leadership experience as an alternative age requirement. This decision has positive implications, including opportunities for leadership regeneration and increased political participation by young people, but it also draws criticism for its potential to discriminate against non-regional leaders and create political suspicion. Therefore, a revision of the Election Law is needed to clarify the legal norms resulting from the Constitutional Court's decision so that it does not lead to multiple interpretations and maintains the principle of equality. This research concludes that the Constitutional Court's decision is an opportunity to strengthen democracy, but also a challenge in ensuring constitutional justice in Indonesia.

The directness requirements required in relation to constitutional complaints which are legal norms, are conceptually separate from the exhaustion of other remedies that require prior relief procedures, but in Korea, regulatory control is divided into courts and the Constitutional Court.
 The conventional Constitutional Court's decision has recognized exceptions to the directness requirement based on whether or not the executive action is discretionary, since the directness of the base law is exceptionally recognized if the execution action is a binding action. However, the Constitutional Court has recently been confused about the criteria and scope of exceptions to directness requirements, such as acknowledging the directness of the grounded law based on expectability, if a specific enforcement act is scheduled, that is, even if it is uniquely stipulated.
 The directness requirement in the petition is not a prestigious requirement in the Constitution and Constitutional Court Act, but it is a legal requirement to effectively realization the basic rights of the people by separating functional power between the court and the Constitutional Court. Therefore, the Constitutional Court should consider the ideology of guaranteeing the basic rights of the people in setting the requirements for recognition of directness, but should present more predictable and clear standards that can harmonize the efficiency of the constitutional trial with the people's right to trial.

The present study aims at briefly introducing the recent changes of the Labor Code by the Government Emergency Ordinance no. 53/2017 for the its modification and completion regarding the minor offences and their sanctioning that apply both to the employers and their employees in the event of their failure to comply to the legislation regarding the labour relationship. Thus, the article also provides a summary of the number of checking and the penalties based on the categories of offences in the district of Suceava during August September 2017 in order to identify both the offences done by the labour relationship parties within the district of Suceava and to inform the readers on the pecuniary consequences as a result of the intentional failure to comply to the labour legislation or by being guilty of it. How to cite: Balaneasa, M.-C., & Nesteriuc, O. (2017). Offences and their Sanctioning regarding the Labor Relationships based on the Change Brought by the Government Emergency Ordinance no. 53/2017 of the Labor Code. European Journal of Law and Public Administration , 4(1), 44 -53. https://doi.org/10.18662/eljpa/05

The Order of the President of the National Agency for Fiscal Administration No. 7015/2024 provides the model, content, and instructions for completing the single return (form 212), by means of which individual taxpayers who earn extra-salary income finalize their financial situation for 2024 in Chapter I, Chapter II being dedicated to the possibility of opting in 2025 for the payment of the health insurance premium for the purpose of insurance in the public health system. Compared to the previous year, form 212 has undergone a series of updates and revisions, taking into account the changes that have occurred in the tax legislation in the recent period brought by Law No. 296/2023, Government Emergency Ordinance No. 115/2023, and Government Emergency Ordinance No. 128/2024. The occurrence of the first two aforementioned normative acts has the effect of amending the tax obligations of natural persons who achieve non-salary income, and the amendments/supplements brought by Government Emergency Ordinance No. 128/2024 aim at introducing the intelligent e-single return format, as well as simplifying the tax reporting obligations of taxpayers by eliminating the burden of establishing and declaring estimated tax obligations.

Constitutional Court Decision Number 87/PUU-XXIII/2025 concerning the minimum educational requirements for presidential and vice-presidential candidates has generated constitutional debate regarding the balance between democratic inclusiveness and leadership competency in Indonesia’s constitutional system. The decision rejected the petition seeking reinterpretation of Article 169 letter r of Law Number 7 of 2017 concerning General Elections, which requires candidates to possess at least a senior high school diploma or its equivalent. This study aims to analyze the juridical foundation of the Constitutional Court’s reasoning within the doctrine of open legal policy, examine its implications for constitutional loss and judicial review access, and evaluate the relevance of the minimum educational requirement from the perspective of siyasah dusturiyah. This research employs normative juridical methods with statute and conceptual approaches using constitutional regulations, court decisions, and Islamic political thought as primary analytical sources. The findings reveal that the Constitutional Court reaffirmed the doctrine of open legal policy and judicial restraint by emphasizing that the determination of educational qualifications for presidential candidates belongs to legislative authority as long as constitutional principles are preserved. The decision also strengthens the Court’s restrictive interpretation of constitutional loss by limiting judicial review access to applicants who can demonstrate direct constitutional injury. From the perspective of siyasah dusturiyah, however, the minimum educational requirement of senior high school graduation is considered substantively inadequate because it does not fully reflect the principle of kifayah ‘ilmiyyah emphasized by Al-Mawardi and may potentially undermine maslahah ‘ammah in contemporary governance. This study argues that leadership competency should be positioned as an important component of constitutional morality and public welfare within Indonesia’s constitutional democracy.

This article aims to bring to the forefront the issue of public legal aid by carrying out an analysis that combines the theoretical perspective with the jurisprudential one. It presents the normative framework, the doctrinal approaches, the legal practice in the field, with emphasis on the legal provision that generated non-unitary practice. The article presents the attempts to harmonize the legal practice, displaying the opinions expressed during the Meetings of the representatives of the Superior Council of Magistracy with the presidents of the civil department of the High Court of Cassation and Justice and the courts of appeal. Taking into account that public legal aid is one of the prerequisites for free access to justice – fundamental law, constitutionally guaranteed, it is particularly important to present the case law of the Romanian Constitutional Court in the matter, focusing on the acceptance of ECHR case law within the constitutional control of the public legal aid framework regulation – Government Emergency Ordinance no. 51/2008.

Purpose: Constitutional Court (MK) Number 90/PUU-XII/2023 concerning That The age limit for presidential and vice presidential candidates is considered controversial and raises a number of problems. The following are some of the problems that emerged after the Constitution Court Decision: Controversy over the minimum age limit of 40 years for presidential and vice presidential candidates. Although some were granted by the Constitutional Court from That request testing Article 169 letter Q from That Election Law, that is That country officials with experience as DPR members, DPD members, DPRD members, governors, regent And mayor WHO is under 40 many years from age is still qualify to follow in National leadership contest. Research Methodology: as presidential candidate And badness presidential candidate in the general election, but this still causes controversy among the public and legal experts. Inconsistency from That Constitutional Court decision with previously decision. There is several legal experts who considers it Constitutional This court decision the timing does not match the previous decision of the Constitutional Court regarding the same object. Political interest in the decision of the Constitutional Court. Results: There is such a view with the decision of the Constitutional Court this time following That hope from That DPR And That government, So That That Constitutional Court seems to be a political tool so that the DPR and the President immediately make changes to the law and without involving public participation. Impact on the good name of the Constitutional Court and Indonesian law. There is A see That That Constitutional Court decision This time own A had a big impact on the good name of the Constitutional Court and Indonesian law, because the Constitutional Court was deemed to have deviated from its essence which should carry out checks and balances on other powers (executive and legislative). Limitations: Big question mark regarding the decision of the Constitutional Court. There are several notes that need to be criticized in the Constitutional Court decision Number 90/PUU-XII/2023, such as material aspects, procedures, And inconsistency in the That Constitutional Court decision with another about The same object. From a number of from This problem, he Can become conclude That That Constitutional Court Decision Number 90/PUU-XII/2023 has sparked controversy and needs to be studied more deeply to find go out That implications And impact on That democratic And law system in the Indonesia

Protection of constitutional identity in light of the jurisprudence of the Constitutional Court of the Republic of Poland – a comparative study

This article concerns constitutional problems related to the implementation of EU directives seen from both the legal and comparative perspectives. The directives are a source of law which share a number of characteristic features that significantly affect and determine the specificity of Member States’ constitutional review of the directives as well as the legal acts that implement them. The review of the constitutionality of EU directives is carried out in accordance with the provisions of national implementing acts. Member States’ constitutional courts adopt two basic positions in this respect. The first position (adopted by, inter alia, the French Constitutional Council and German Federal Constitutional Court) is based on the assumption of a partial “constitutional immunity” of the act implementing the directive, which results in only a partial control of the constitutionality of the implementing acts, i.e. the acts of national law implementing such directives. The second position, (adopted, explicitly or implicitly by, inter alia, the Austrian Federal Constitutional Court, Czech Constitutional Court, Polish Constitutional Court, Romanian Constitutional Court and Slovak Constitutional Court) concerns the admissibility of a full review of the implementing acts. This leads to the admissibility of an indirect review of the content of the directive if the Court examines the provision as identical in terms of content with an act of EU law. Another issue is related to the application of the EU directives as indirect yardsticks of review. The French Constitutional Council case-law on review of the proper implementation of EU directives represents the canon in this regard. Nonetheless, interesting case studies of further uses of EU directives as indirect yardsticks of review can be found in the case law of other constitutional courts, such as the Belgian Constitutional Court or Spanish Constitutional Court. The research presented in this paper is based on the comparative method. The scope of the analysis covers case law of the constitutional courts of both old and new Member States. It also includes a presentation of recent jurisprudential developments, focusing on the constitutional case-law regarding the Data Retention Directive and the Directive on Combating Terrorism.

This research aims to explore the influence of the Constitutional Court (MK) decision on the President's authority in the formation of Government Regulations in Lieu of Laws (Perppu). In the Indonesian constitutional system, Perppu is a legal instrument used by the President to deal with emergencies that require immediate handling, but this authority often gives rise to debate regarding the limits and conditions for its issuance. MK decisions have a crucial role in interpreting and establishing constitutional parameters for the use of this authority, so this research highlights how MK decisions influence the practice of forming Perppu by the President. This research uses normative juridical methods with a conceptual approach and analysis of relevant Constitutional Court decisions, including case studies of decisions that confirm emergency criteria and procedures for issuing Perppu. The findings of this research reveal that the Constitutional Court's decision has strengthened the principle of checks and balances between the executive and legislative branches, by setting stricter limits regarding the conditions that justify the issuance of a Perppu. Apart from that, the Constitutional Court's decision also emphasized the importance of openness and public participation in the Perppu formation process, as an effort to maintain legal accountability and legitimacy in the midst of an emergency situation. Furthermore, this research shows that the Constitutional Court's decision not only limits the President's authority, but also provides clearer guidance regarding the implementation of the Perppu so that it is in line with constitutional values ??and human rights. In the long term, the Constitutional Court's decisions have the potential to encourage reform in the legal regulatory system, by improving the quality of emergency legislation and strengthening protection of democratic principles. Therefore, this research concludes that the Constitutional Court's decision has a significant impact in ensuring that the President's authority in forming Perppu is used proportionally, appropriately, and in accordance with applicable constitutional provisions. Keywords: Constitutional Court Decision, Presidential Authority, Perppu, Constitution, Democracy, Accountability.