Romanian Legal System Research Articles

On the Impact of Legislative Risk in Banking Activity

The operational risk, at the banking level, is the one that includes the risks that can be generated, for a credit institution, by changing the relevant regulations. Legislative changes in recent years have had a significant impact on banking activity. Thus, a legislative risk is highlighted, resulting from less proper regulations, the effects of which can be seen on the banking system. From the analysis of such regulations, we observe, on the one hand, the aspiration of the Romanian legislator to align the Romanian legal system to the Union law. On the other hand, we see the need for better collaboration between the legislator and the representatives of the banking system, so that the principle of legal security is not affected.

Informed Consent in Medical Law in the Romanian Legal System. A Comparative Law Perspective

Informed Consent in Medical Law in the Romanian Legal System. A Comparative Law Perspective

Money Laundering and Its Understanding by the Current Romanian Legal System – Origins, Mechanisms and Implications

Money Laundering and Its Understanding by the Current Romanian Legal System – Origins, Mechanisms and Implications

Theoretical and practical considerations regarding the illegal access to a computer system in the Romanian Criminal Law

The article analyzes the legal framework for regulating the crime of illegal access to a computer system in the Romanian legal system, with a brief foray into the history of criminalization of unauthorized access to a computer system, continues with the indication of the normative text in force, after which it describes the structure and legal content of the crime, with specific references to recent relevant criminal jurisprudence.

A Bukaresti Értéktőzsde Felelős Társaságirányítási Kódexe a romániai állami vállalatok szabályozásának tükrében

The corporate governance as a regulatory system has started a journey towards independence for a while, and sooner or later it will turn into a self-standing field of science. This process is facilitated not only by its transdisciplinary nature, which combines legal science with economic science, within the civil law, the corporate law, business economics, management and organizational science, but also, in the case of state-owned companies, with public administration and proceedings law. The timeliness of the topic is illustrated by the prolonged transition to market economy following the 1989 regime change, the controversial application of company law, the scandals around certain privatization processes, the bankruptcy of many important state-owned enterprises, all of these bringing about a willingness to establish a regulatory framework. Taking into consideration the above short presentation, the subject of our analysis is very complex; this article intends to limit the examination to the Bucharest Stock Exchange Corporate Governance Code, investigating it in comparison to the provisions of the Romanian legal system. At the same time, it sets as an objective to make use of a concrete example (the most important Romanian state-owned joint stock company listed at the Bucharest Stock Exchange), Romgaz, in order to present the reader the ways and circumstances of the implementation of the general principles and provisions to comply with , as included in the Code.

The Romanian Judicial Professions Database: An Open-Source Tool for Researching the Romanian Legal System

Justice is a perennial topic in scholarship on Romania, from socialist legality, through transitional justice, and to anti-corruption studies. Systematic study of law and justice has been stymied, however, by lack of basic information: who was doing what, where, when, and how? To begin to address this shortcoming, this brief article introduces the Romanian Judicial Professions Database, a new, open-source tool which provides yearly, individual data on 10,000 judges, 6000 lawyers, 5500 prosecutors, 3000 notaries public (notari publici), and 1000 bailiffs (executori judecatoresti), in some cases going back to the 1970s. The database can be downloaded at https://osf.io/gfjke/ and supporting software is available at https://github.com/r-parvulescu/ro_judicial_professions.

Integration of Transylvania into Romania from the Perspective of Private Law (1918−1945)

In the following study, we present the legal history of Transylvania following the unification of this territory with Romania at the end of the First World War, and until the installation in Romania of the Soviet-type dictatorship. The heterogeneity of the Romanian legal system resulting from the country’s territorial gains is discussed as well as the various attempts at integrating Transylvanian law into the nascent legal order of Greater Romania. We also present the short interregnum in which Hungarian private law was again applied between 1940 and 1944. The Romanian legislator, facing the imperative necessity of creating a unified national legal order, had the choice of two paths: extend the already outdated laws of the Old Kingdom of Romania to the newly acquired territories or adopt new unitary laws. Both paths were taken depending on the field of law and the historical period concerned, as presented. Finally, the legislator opted for the extension of the laws of the Old Kingdom at the end of the Second World War, even in fields where better-quality norms were enacted during the reign of King Carol II but were never implemented.

The child and the protection of his rights in the Romanian legal system

The aim of the article is to present the circumstances of the establishment of the National Agency for Child Protection and Adoption (Autoritatea Nationala Pentru Protectia Copilului Si Adoptie) and the Deputy Ombudsman dealing with children's matters (Avocatul Copilului, an agency that was established by the Act of January 2018 and is the equivalent of the Ombudsman for Children) as well as to refer to the acts specifying the competences and scope of activity of both institutions. The article analyses legal acts (documents of international law and provisions of national law) and reports sent by the UN Committee on the Rights of the Child (CRC) to the Romanian side, which contributed to the establishment of institutions dealing with children's matters in Romania. The conclusions of the review of the child protection legislation in Romania show that the country has made great progress in the care of children and the respect for their rights in recent years. Romania began to be perceived as a country that takes into account the needs of the youngest citizens, which is manifested not only by the establishment of the institution of the Ombudsman for Children or the National Agency for Child Protection and Adoption, but also by many other activities aimed at supporting children. These include the international conference "Child Participation in Decision-Making and Policy Development at EU Level" organized in Bucharest in May 2019, during which the Bucharest a Declaration on Child Participation in Decision-Making at National and EU Levels was adopted.

EXERCISE OF PARENTAL RIGHTS AND OBLIGATIONS IN ROMANIA

According to the legislation of the Romanian state, the general rule is that parental rights and obligations on the minor child are jointly exercised by both parents. In special situations, when there are good reasons, parental authority can be exercised only by one parent, the other parent retaining the right to maintain connection with the minor and also has the obligation to contribute to his or her maintenance. The exercise of parental rights and obligations towards the minor children is regulated in the Romanian legal system both by a framework law - the Civil Code - and by a special law - Law no. 272/2004 on the protection and promotion of the rights of the child. Both laws have been changed and adapted to the modern European requirements, so that children's rights be virtually protected, in a European legal space.

Condiții privind recunoașterea statutului civil al persoanelor transsexuale și transgender în sistemul român de drept

Under the Romanian legal system there are no specific regulations concerning transsexualism, nor are clear medical, administrative or judicial procedures configured. However, without any doubt, the medical transition to the gender with which a trans person identifies him/herself is allowed, as well as the legal recognition of the new sexual identity. If a trans person obtained a favourable judicial decision, based on which the necessary changes have been made in the civil status acts, being issued a new identity card, then, in principle that person can prevail him/herself of the legal consequences of his/her new identity, in all areas of social life. Regarding the coverage by the public health insurance system of treatments and operations for gender reattribution, there is no convergent point of view of competent institutions.

Social Construction of the Legal System. Research in the Northeastern Region of Romania

This research pursues the social construction of the idea of justice among citizens by measuring the public opinion on the legal system in Romania. A number of aspects involved in the process of social construction of the concept of justice were considered, such as the role of the legal system in Romanian society, the level of transparency of the legal system, the implementation of ethics in Romanian legal system, the level of perceived remuneration of Romanian legal system etc. The research was conducted in the Northeastern region of Romania, based on sociological inquiry through questionnaire. The thematic axes of the questionnaire aimed: the sources of public information on the functioning of the legal system, the perceived level of professionalism of the personnel in the legal system, the public perception on integrity and the observance of ethical standards in the legal system, the level of remuneration in Romanian legal system, the respect for the state of law in Romania, the trust in the component institutions of the legal system in Romania.

The Legal Status Regarding the Romanian Tax Executor

This article focuses on the legal provisions governing the institution of the Romanian tax executor and aims to identify its legal status, by presenting its role and tasks in the tax execution procedure, and at the same time presents comparative aspects between the tax executor and the court executor. So, the forced execution of fiscal obligations is a way of extinguishing them. Furthermore, according to the special provisions existing in the field of taxation, when the taxpayers have not fulfilled their fiscal obligations at the date when they became due, the right of the state to pass to forced execution of the fiscal obligations is born on this date. And due to the enforceability of the title of the tax claim, the forced execution procedure carried out by the tax authorities is not preceded by another judicial procedure. Moreover, the tax authorities fulfill the forced execution procedure through tax executors, thus, the importance of its legal status is more than relevant compared to the “common law” executor in the Romanian legal system, which is the court executor.

Analysis of the Formation and Allocation of Resources Directed at Funding Environmental Projects and Programmes (EPP)

After signing the Treaty of Accession to the European Union (2005), Romania has enforced the obligations assumed as concerns the environment, all the while trying to identify and attract additional sustainable funding sources in order to develop wide scope projects and programmes. Therefore, the Romanian legal system has instituted a special mechanism for the formation and allocation of resources for funding environmental projects and programmes (EPP), by applying the “the polluter pays” and “extended producer responsibility” principles. We are here referring to the Environment Fund Budget, regulated since 2005 and the focus of the present endeavour. In this respect, we will resort to the most recent professional literature available in the field and to the current regulatory framework, in order to conduct certain relevant analyses related to the mentioned mechanism, all the while bringing forward the issue of the recent financial developments, based on the officially confirmed data and indicators. Also, we indicate the current (minimum) objectives of recovery / incineration in incineration plants with energy recovery and recovery through recycling, global and by type of packaging materials. In the last part of the paper, we offer the formulas used in establishing the taxes and contributions due to the Environmental Fund, striving to make a presentation as unified and documented as possible.

AN ANALYSIS OF WOMEN'S STATUS IN THE MUSLIM SYSTEM AS OPPOSED TO THE EUROPEAN

Article 14 of the ECHR Convention guarantees women the same rights as men. This is just one example. Gender equality is recognized in the Romanian legal system from the constitutional level — Article 16. The Coran guarantees equality between women and men. How is the woman subject to the protection of her husband in each of these law systems? We propose to analyze this in this article.

Specific Features Of The Consumer Credit Contract Enforcement

Abstract Consumers' demands for purchasing goods and services, which are more and more complex and different, have been and are insured, in the absence of the necessary or sufficient amounts of money, by means of credits granted for consumption; the field in question is generically named “consumer credit. This financial-legal mechanism which is widely spread and useful contains the consumer credit contract as key element, which has some specific features for private law, both in terms of its constitution and enforcement. Given its relatively recent existence within the Romanian legal system, the present work aims to carry out an analysis of the main rules governing the enforcement of the consumer credit contract, in the context of the national and European legislation.

Torts Liability in Competition Law

The paper analyzes the principles and the functioning of the private enforcement of the competition rules - as a ”sword” and as a ”shield” - in the light of the EU case-law and the recent directive on private enforcement and in the context of the Romanian civil law.The author argues that the use of the competition rules - prohibition of anticompetitive agreements and practices and prohibition of the abuse of dominant position - is both possible and desirable, even at the current state of the Romanian legal system, in order to ensure a complete and efficient application of these rules. The paper is the author PhD thesis defended in April 2014 at the University of Bucharest and the first research on this topic ever undertook in the framework of the Romanian legal system.

Powers of the President in the Romanian Semi-Presidential System. Critical Features

Abstract In Romania, a semi-presidential system characterized by an exaltation of the powers of the President of the Republic, there would be critical observations to be reported in relation to this institution. More precisely, it refers to the constitutional provisions which weaken the President among the political institutions and could also lead to different interpretations. First of all, the paper examines the President as popularly elected body but that does not reflect fully the will of the nation. Secondly, its oath violated the freedom of religion and if the wording will not be changed, will continue to constitute a discrimination against other non Orthodox President that could be elected. Moreover, the Romanian legal system is characterized by an independence of the President in its relationship with the Parliament but on the one hand, that does not mean that the President is more powerful in the event of dissolution of the Parliament and the other hand, the Parliament is completely independent in determining its competences in relations with the office of the Presidency.

Theory of Imprevision, a Legal Mechanism for Restoring of the Contractual Justice

It is very difficult to conceive a legal system that may not contain the principle according to which legal conventions concluded have the power of law between the contracting parties. Keeping one's word is one of the pillars of all current legal systems and of the Roman one or even others considered as more primitive. As any legal principle, it has certain limits that are equally important as the principle itself. Among these limits, the principle of binding force of the contract, pacta sunt servanda, there is one recently introduced in the Romanian legal system, namely the theory of imprevision, a legal mechanism by which they follow, above all, the restoration of contractual justice. Imprevision, which is the less visible and contradictory part of the pacta sunt servanda principle, is generated by a social-economic reality appeared following some drastic and unpredictable changes of the conditions in which a contract is to be executed with respect to the aspects envisaged by the parties upon the conclusion thereof. The theory of imprevision aims at answering the debtor's situation if any unpredictable events that bring prejudice to the balance of services should occur, balance that was considered by the contracting parties upon the conclusion of contract when the agreement was formed. As a principle, before the coming into effect of the New Civil code, the Romanian courts refused to enforce the theory of imprevision, except for some cases related to the reevaluation of rents. This principle adopted both by the law courts relied on the strict interpretation of contractual provisions and the inexistence of some express legal provisions that might allow the judge to intervene in a contract, and arguments from the practice of international commercial transactions are brought to support the enforcement of the theory of imprevision.

Considerations on the Enforcement of the Doctrine of Piercing the Corporate Veil in Romania

The subject of the analysis circumscribes to the possibility of applying the principles of the doctrine piercing the corporate veil in the Romanian legal system, which has not yet met a unified legislative approach regarding the extension of shareholders’ liability. Starting from the legal personality the manner it is understood by the Anglo-American law, as the legal liability of shareholders in certain company forms provided with legal personality, it is argued that the latter and the liability are diluted within the actual perspective of the doctrine, which in fact prioritizes the protection of corporate creditors. Such approach in the Romanian law still acknowledges a limited applicability, generated by an insufficient normative framework, yet the theory of flagrant abuse could explain the regulation of extending the shareholder’s limited liability, to the extent to which this abuses of these limitations, while preserving the corporate personality.

SOME CONSIDERATIONS REGARDING THE QUALITY OF PARTY IN INDIVIDUAL LABOUR DISPUTES

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.