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.
{"title":"Prestaţia compensatorie în Codul civil român","authors":"Flavius Antoniu Baias, Stela Stoicescu","doi":"10.31178/aubd.2021.12","DOIUrl":"https://doi.org/10.31178/aubd.2021.12","url":null,"abstract":"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.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131528360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper will analyze the right to association and the limits of the exercise of the legislative function in the Romanian Parliament, including the difference in legal treatment applied to the legislative initiatives of the citizens versus those of parliamentarians. Also, the subject of the inadmissibility of the legislative initiatives in the fields regulated by art. 152 of the Constitution, the need to extend the category of persons who can exercise the right to refer a matter to the Constitutional Court, as well as the obligation of the Constitutional Court to carry out ex officio constitutionality checks for initiatives aimed at de facto and de jure revision of the Constitution. The final part is dedicated to the principle of subsidiarity, as well as to the way in which certain provisions of international law frequently invoked in the field of protection of national minorities and justification of territorial autonomy, have already been transposed into the Romanian legal order.
{"title":"Inadmisibilitatea anumitor inițiative legislative","authors":"Vasile Tiple","doi":"10.31178/aubd.2021.16","DOIUrl":"https://doi.org/10.31178/aubd.2021.16","url":null,"abstract":"This paper will analyze the right to association and the limits of the exercise of the legislative function in the Romanian Parliament, including the difference in legal treatment applied to the legislative initiatives of the citizens versus those of parliamentarians. Also, the subject of the inadmissibility of the legislative initiatives in the fields regulated by art. 152 of the Constitution, the need to extend the category of persons who can exercise the right to refer a matter to the Constitutional Court, as well as the obligation of the Constitutional Court to carry out ex officio constitutionality checks for initiatives aimed at de facto and de jure revision of the Constitution. The final part is dedicated to the principle of subsidiarity, as well as to the way in which certain provisions of international law frequently invoked in the field of protection of national minorities and justification of territorial autonomy, have already been transposed into the Romanian legal order.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132720220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
"Although the jurisprudence of the Court of Justice of the European Union is commonly reflected in the practice of the national courts, unfortunately, more than ten years after Romania's accession to the European Union, there are still some syncopations at the legislative level. There are an example in that sense some of the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution (contestatia la executare). Indeed, on closer examination, it appears that these provisions do not fully comply with the requirements which, according to the jurisprudence of the Court of Justice of the European Union, must be respected by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers. The present article aims at such an examination of the provisions of the Romanian Code of Civil Procedure regarding the contestation against the forced execution from the perspective of the jurisprudence of the Court of Justice of the European Union in the field of unfair terms. Thus, after having identified from the jurisprudence of the Court of Justice the requirements that must be met by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers, the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution, the stay of execution and the time limit for the contestation will be examined from the perspective of the said jurisprudence. Finally, and without claiming to be exhaustive, in this article, the author also puts forward a possible interpretation of the national provisions examined from the point of view of the case law of the Court of Justice."
“虽然欧洲联盟法院的判例通常反映在国家法院的做法中，但不幸的是，在罗马尼亚加入欧洲联盟十多年后，在立法一级仍有一些不同之处。在这方面，《罗马尼亚民事诉讼法》中关于反对强迫处决的抗辩(contestatia la execuare)的一些条款就是一个例子。事实上，经过更仔细的审查，这些规定似乎并不完全符合一些要求，根据欧洲联盟法院的判例，这些要求必须得到国家立法的尊重，以便制止专业人员与消费者签订的合同适用不公平的条款。本文的目的就是从欧洲联盟法院在不公平条件方面的判例的角度，对《罗马尼亚民事诉讼法》中关于反对强迫处决的抗辩的规定进行这样的审查。因此，在从法院的判例中确定了国家立法必须满足的要求，以便制止专业人员与消费者签订的合同适用不公平的条款之后，将从上述判例的角度审查《罗马尼亚民事诉讼法》中有关反对强制执行、暂停执行和辩论时限的规定。最后，在这篇文章中，作者还从法院判例法的角度对审查的国家规定提出了一种可能的解释，但这篇文章并不声称是详尽无遗的。”
{"title":"Reflectarea jurisprudenței Curții de Justiție a Uniunii Europene privind clauzele abuzive în materia executării silite în dreptul român, în special în ceea ce privește regimul contestației la executare","authors":"Mirela Stancu","doi":"10.31178/aubd.2021.14","DOIUrl":"https://doi.org/10.31178/aubd.2021.14","url":null,"abstract":"\"Although the jurisprudence of the Court of Justice of the European Union is commonly reflected in the practice of the national courts, unfortunately, more than ten years after Romania's accession to the European Union, there are still some syncopations at the legislative level. There are an example in that sense some of the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution (contestatia la executare). Indeed, on closer examination, it appears that these provisions do not fully comply with the requirements which, according to the jurisprudence of the Court of Justice of the European Union, must be respected by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers. The present article aims at such an examination of the provisions of the Romanian Code of Civil Procedure regarding the contestation against the forced execution from the perspective of the jurisprudence of the Court of Justice of the European Union in the field of unfair terms. Thus, after having identified from the jurisprudence of the Court of Justice the requirements that must be met by national legislation in order to stop the application of unfair terms in contracts concluded by a professional with consumers, the provisions of the Romanian Code of Civil Procedure relating to the contestation against the forced execution, the stay of execution and the time limit for the contestation will be examined from the perspective of the said jurisprudence. Finally, and without claiming to be exhaustive, in this article, the author also puts forward a possible interpretation of the national provisions examined from the point of view of the case law of the Court of Justice.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125933979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.
{"title":"Răspunderea participantului la un eveniment sportiv sau de pariat pentru manipularea evenimentului","authors":"Gheorghe Reniță","doi":"10.31178/aubd.2021.05","DOIUrl":"https://doi.org/10.31178/aubd.2021.05","url":null,"abstract":"A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132665327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Valentin Dinu, Facultatea de Drept a Universității din București
This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non-observance of court decisions: the one regulated at let. d) non-execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non-execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.
{"title":"Nerespectarea hotărârilor judecătorești pronunțate în materia conflictelor de muncă","authors":"Valentin Dinu, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2021.18","DOIUrl":"https://doi.org/10.31178/aubd.2021.18","url":null,"abstract":"This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non-observance of court decisions: the one regulated at let. d) non-execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non-execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"165 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113987575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dumitru Roman, Facultatea de Drept a Universității de Stat din Moldova, Artiom Eni
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.
{"title":"Tipuri de investigații sub acoperire","authors":"Dumitru Roman, Facultatea de Drept a Universității de Stat din Moldova, Artiom Eni","doi":"10.31178/aubd.2021.09","DOIUrl":"https://doi.org/10.31178/aubd.2021.09","url":null,"abstract":"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.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121666129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. Good faith was codified in the French Civil Code in art. 1134 C.N., a codification that was not repeated until 1994 in Quebec. Despite this lack of codification, the courts, influenced by French doctrine, began to recognize the importance and the various components of the concept of good faith in contract as of the 1980s. This text explains the developments of good faith in Quebec law, as well as the limits to it.
{"title":"Buna-credință în legislația din Quebec","authors":"Anne Grégoire","doi":"10.31178/aubd.2021.01","DOIUrl":"https://doi.org/10.31178/aubd.2021.01","url":null,"abstract":"During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. Good faith was codified in the French Civil Code in art. 1134 C.N., a codification that was not repeated until 1994 in Quebec. Despite this lack of codification, the courts, influenced by French doctrine, began to recognize the importance and the various components of the concept of good faith in contract as of the 1980s. This text explains the developments of good faith in Quebec law, as well as the limits to it.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"159 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127651233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.
{"title":"Accesul lucrătorilor migranți cu statut iregular fără forme la dreptul la muncă","authors":"Nicolae Sadovei, M. Cebotari","doi":"10.31178/aubd.2021.08","DOIUrl":"https://doi.org/10.31178/aubd.2021.08","url":null,"abstract":"International labor migration flows include a significant number of migrant workers who for specific reasons infringe residence rules in destination countries. These persons are considered to be the most vulnerable category of migrants, being prone to serious violations of their fundamental rights. States of destination have practically universally adopted policies to restrict and control irregular migration. In this context, the objective of this article is to establish the possibility for irregular migrant workers to benefit from the rights and results of their work, and to establish the limits and prohibitions that arise in the event of irregularity. The article examines both the international instruments and practice as well as regional and national approaches used by states in this field.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133781386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Mihaela-Augustina Dumitrașcu, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept
"According to the European Commission, culture and creativity are at the heart of the European project. Cultural diversity is an asset for the EU, but according to the findings of this institution, linguistic and cultural differences have the effect of fragmenting the market. At the same time, Europe's culture and creation sector contributes to economic growth, employment, innovation and social cohesion, the European creation and culture sector being more resilient than other sectors in an economic crisis, accord to the official site of the European Commission. From the point of view of competences, it should be noted that each EU country addresses cultural and audiovisual issues in its own way. EU action is complementary to national measures, bringing a new dimension, these are complementary competences. In the Commission's wording, the information gathered by the EU can be used as a support for national decisions or can provide examples of good practices from which others might inspire. With regard to the EU's cultural objectives, we have to mention the 2007 European Agenda for Culture, a very important document that promotes: cultural diversity and intercultural dialogue, culture as a catalyst for creativity and innovation and culture as a component of relations international relations of the EU. An important aspect is also the fact that as part of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the EU has committed itself to transforming cultural diversity into an essential element of its external action and giving Europe a more active cultural role in international relations. In this article, we will go through EU's competences regarding culture within its borders, but we will also see how this organization addresses culture as an element of its international relations. And then, we will have a brief look at how multiculturalism is currently approached within the EU, in the special and complex context of migration."
{"title":"Cultura - parte componentă a relațiilor internaționale ale Uniunii Europene","authors":"Mihaela-Augustina Dumitrașcu, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept","doi":"10.31178/aubd.2019.12","DOIUrl":"https://doi.org/10.31178/aubd.2019.12","url":null,"abstract":"\"According to the European Commission, culture and creativity are at the heart of the European project. Cultural diversity is an asset for the EU, but according to the findings of this institution, linguistic and cultural differences have the effect of fragmenting the market. At the same time, Europe's culture and creation sector contributes to economic growth, employment, innovation and social cohesion, the European creation and culture sector being more resilient than other sectors in an economic crisis, accord to the official site of the European Commission. From the point of view of competences, it should be noted that each EU country addresses cultural and audiovisual issues in its own way. EU action is complementary to national measures, bringing a new dimension, these are complementary competences. In the Commission's wording, the information gathered by the EU can be used as a support for national decisions or can provide examples of good practices from which others might inspire. With regard to the EU's cultural objectives, we have to mention the 2007 European Agenda for Culture, a very important document that promotes: cultural diversity and intercultural dialogue, culture as a catalyst for creativity and innovation and culture as a component of relations international relations of the EU. An important aspect is also the fact that as part of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the EU has committed itself to transforming cultural diversity into an essential element of its external action and giving Europe a more active cultural role in international relations. In this article, we will go through EU's competences regarding culture within its borders, but we will also see how this organization addresses culture as an element of its international relations. And then, we will have a brief look at how multiculturalism is currently approached within the EU, in the special and complex context of migration.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124553332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Vlad-Cristian Soare, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept
"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."
{"title":"Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale","authors":"Vlad-Cristian Soare, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept","doi":"10.31178/aubd.2019.13","DOIUrl":"https://doi.org/10.31178/aubd.2019.13","url":null,"abstract":"\"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134390641","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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