Studia Universitatis Babeș-Bolyai Iurisprudentia

Treaty ratification Law – empirical study on the temporal efficacy of the parliamentary procedure

2023-06-13T13:40:44+03:00

The empirical impact of laws is seldom studied in Romania and much less studied is the impact of laws on the activity of the legislative body. This paper analyses the efficacy of the applicable law regarding the treaty ratification procedure the Parliament has to follow. The present study appeals to the quantitative method of counting and calculating the time necessary to adopt a law on an international treaty, to better observe the efficacy of the law concerning the procedure itself. Results indicate that the applicable law on the treaty adoption procedure almost halved the time required to complete the parliamentary procedure. It is considered that while the law regarding the treaty adoption procedure brought about an effective improvement in the parliamentary procedure, empirical studies about the activity of institutions like the legislative body reveal maybe better perspectives in the study of legal institutions and the impact of the law.

Does article 697, paragraph (2) of the Romanian Civil procedure code institute a new hypothesis as to the intervention of obsolescence of forced execution?

2023-06-13T13:33:43+03:00

The purpose of this article is to provide an answer to the question of whether the provisions of article 697, paragraph (2) of the Civil Procedure Code institute a new case wherein the obsolescence of forced execution may intervene.

Unlike the former civil procedure code, the new regulation of forced execution obsolescence imposes, as an essential premise for the triggering of lapse of the six months obsolescence term, the existence of a written request by the officer of the court addressed to the creditor, in view of performing an action or a intercession required by forced execution. In our opinion, the provisions of said article 697, paragraph (2) of the Civil Procedure Code do not institute a new case wherein the obsolescence of forced execution may intervene by merely regulates the situation of such obsolescence term lapse.

For the obsolescence term to start lapsing, it is necessary for an officer of the court to ask the creditor to carry-out an action or an intercession. In the absence of such intercession, the obsolescence term does not lapse.

By way of consequence, article 697, (paragraph (2) of the Civil Procedure Code does not determine an additional case wherein obsolescence may occur.

Authenticity of reference materials in graphoscopic expertise of the holographic will

2023-06-13T13:34:29+03:00

The graphoscopic expertise of the holographic testament focuses, from a theoretical point of view, a multitude of legal and scientific aspects, but among all of them, the present study focuses on a defining one: the authenticity of the reference materials. In relation to this, since the practice does not follow a unitary direction, the specific terms, the responsibilities of the parties, the procedural elements, stages in the graphoscopic examination and types of conclusions are discussed, all on the still current background of the forensic identification of handwriting. We aimed, in the alternative, to differentiate between the identification of the titular of the holographic will and that of the person who wrote the holographic will, as an essential issue in recognizing its validity.

Valences of consumer protection in the perimeter of effectiveness associated with pharmaceutical products: comment on the decisions of the C.J.E.U. in joined cases C‑495/21, C‑496/21 and in case C-616/20

2023-06-13T13:35:54+03:00

The commentary addresses the issues of the role played by the perception of the ‘average consumer’ in the regimentation of a product in one of the categories of pharmaceutical products, through the lens of the interpretative directions retained by the C.J.E.U. in the text of the decisions pronounced in the joint cases C‑495/21, C‑496/21 and in case C-616/20, for the hypotheses in which the main mode of action of a product with potential therapeutic efficacy is not scientifically ascertained, not being accredited in based on research carried out by the manufacturer. Starting from the findings that, conceptually, that product does not correspond either to the definition of the notion of ‘medical device’ in the sense of the provisions of Directive 93/42, as amended by Directive 2007/47, nor to that of ‘medicine according to the criterion of function’, in the sense of the provisions of Directive 2001/83, as amended by Directive 2004/27, and the definition of the notion of ‘medicine according to the presentation criterion’, in the meaning retained in the text of Directive 2001/83, as amended by Directive 2004/ 27 involves reporting to the criterion of subjective perception generated to consumers, on the therapeutic functions of the product, C.J.E.U. held that the elements evoked by the referring court, such as the choices made by the manufacturer regarding the presentation of the product in question as having curative properties or being capable of mitigating pathological manifestations, the references to drug interactions and adverse reactions, as well as an exclusive distribution in pharmacies represent elements which, considered as an ensemble of aspects, „are capable of making the products concerned appear to an averagely well-informed consumer to have the properties of a pharmaceutical product”.

Case of C. versus Romania. Failure to Conduct an Effective Investigation into Allegations of Sexual Harassment

2023-06-13T13:38:02+03:00

In this article, I analyzed the judgment of C. v. Romania, in which the European Court of Human Rights condemned the Romanian state for violating the positive obligation to conduct an effective criminal investigation into an allegation of sexual harassment. In the introductory section, I put the issue of sexual harassment in context, showing that it is a taboo subject in the Romanian society, which is why sexual harassment enjoys impunity in practice. Equally, I have exposed the typical preconceptions that influence the interpretation of this crime, identified in the case under consideration. From this perspective, I have analysed the facts and the conclusions of the European Court, emphasising both the shortcomings of the incriminating text and the deficiencies in its interpretation in the light of the evidence administered in the case

Sums of money paid as daily subsistence allowance to employees temporarily working on the territory of another EU country. Tax evasion, abuse of law or tax optimisation?

2023-06-13T13:39:11+03:00

Based on an interesting decision of the Timișoara Court of Appeal, this article has analyzed the hypothesis in which an employer pays certain sums of money to employees working temporarily on the territory of another Member State, by way of detachment allowance. The arguments put forward by the Arad Court and the Timișoara Court of Appeal, which decided that the defendant should be acquitted, as well as the argument of the judge from the judicial review court who issued a separate opinion were reviewed within this material. Next, the state of facts was subjected to analysis, the final purpose of this material being to establish whether the act with which the defendant was charged constituted a crime, abuse of law or tax optimization.