Acta Universitatis Danubius. Juridica

from January 2005
Last Number: January 2014

Danubius University of Galati
ISSN 2065-3891


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Nbr. 10-1, January 2014

Public Law

The New Nuances of Subsidiarity Principle

Through this study we resume a topic analyzed by other authors as well, however we will highlight, based on analysis, observation and case study, the new nuances of subsidiarity principle after the entry into force of the Lisbon Treaty. Based on the historical perspective of the approach of this principle, we stopped on the subsidiarity’s place and role in the European reorganization. Subsidiarity principle is now a way of resetting the EU's relations with the Member States, while respecting ...

The Constitutive Content of the Operating a Motor Vehicle without a Valid Driver's License Offense according to the New Criminal Code

The purpose and the objectives of the research aim at examining the constitutive content of the operating a motor vehicle without a valid driver’s license offense, presenting recent examples of judicial practice that may be current still in terms of the new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to the judicial practice and highlighting practical issues. The study can be useful...

Certain Aspects Concerning Trial under Admission of Guilt

The trial under admission of guilt is an abbreviated procedure relying on a guilty plea, and it may be applied if the conditions stipulated in the New Criminal Procedure Code are fulfilled. One of these conditions is for the defendant to fully admit of the deeds presented by the prosecutor in the indictment (he must not, however, admit the same upon the legal classification of offences). Pursuant to the simplified procedure, in the case of conviction or postponement of the application of the ...

The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples According to the New Criminal Code

The purpose and the objectives of the research consist of examining the constitutive content of the crime of refusal or evasion from collecting biological samples according to the New Criminal Code, thus presenting some recent examples of judicial practice that may be applied in terms of new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to judicial practice, and highlighting the eleme...

Private Law

Some Legal Aspects on Acquiring the Quality of Parenthood

The quality of parenthood is the legal consequence of the manifestation of the procreation right, which is under the control of the individual will, but also the right to adopt, which after the exercise it submits the person to verification by the competent authorities on fulfilling the conditions of substance and the form provided by law. We decided upon a short analysis, based on the Civil Code provisions and other special laws, of the legal ways by which a person can acquire the quality of...

Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent ...

About the substantiation of the security interest

Unlike the Civil Code of 1864, the current Code includes norms of common law and some application in different fields. The current regulation is not beyond criticisms given that part of doctrine seems tributary to the opinions formulated according to the previous norms. Starting from general provisions, we would like to point out that the substantiation of the security interest, in this new configuration, expands beyond the existence of a material connection between the receivable and the ass...

European and International Law

Governance of Human Rights in Albania

Restriction or control of democratic process itself for the executive power constitutes the essence of good governance and fair. As related to the quality of governance, are also issues of guarantees, respect and protection of fundamental freedoms and human rights. Significant role, in the process of governance, has the right to information, the right to dialogue, participation, those actions related to public activity. European Convention of Human Rights is the basic principles of all member...

Cloning and Penal Limitations of Scientific Experiment

Human cloning is one of the matters that have been broadly discussed at a scientific and legal level. In this article, I will present the worldwide relevant aspects as regards this. The bioethical substantiation of forbidding human cloning is made, first, by the fact that the artificial cloning of a human being is a threat to the human identity because it endangers the protection against predetermining the human genetic constitution by a third party; the human dignity is thus endangered by tr...

European Policies in Mediation as an Alternative in the Courts of Law

The aim of this article is to synthesize the importance of mediation as one of the most used methods regarding the alternative solutions to courts of law. The approach is qualitative and is focused on the increasing trend of mediation in Europe, an evolution of the related European policies and the medium and long-term perspectives of mediation.. For this purpose we used the case study regarding countries such as Italy and Romania, countries that have introduced mandatory mediation before ope...


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