Decision no. 405/2016 of the Constitutional Court of Romania established new standards of clarity and predictability in the matter of abuse of office, related to the duties of the active subject of this crime. If, immediately after the appearance of this reference decision, the issue of the impossibility of mentioning, exclusively by means of a primary legislative act, the duties of the service, transforming the normative act into a real job d...

The performance of work is carried out within social relations which, once regulated by legal norms, become, as a rule, legal labor relations. This category includes the employment (service) relationships of civil or military civil servants, of soldiers and volunteer ranks, of persons holding public dignity, of magistrates and assistant magistrates, of specialized auxiliary staff in courts and prosecutor’s offices on in addition to thes...

The socio-economic or professional realities encountered on the labour market have shown that the institution of posting is not theoretical and virtual, but useful, real and very common on this market. Quite often, employers ask each other for help in lending, for a certain period of time, qualified labour in order to achieve the proposed economic goal or to provide services to the population, if their own staff is insufficient or, for certain ...

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private pe...

The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private pe...

Establishing the application limits of art. 175 par. 2 The Criminal Code, in the sense of determining the categories of professions and persons who may be active subjects of the bribery offense, in the light of the legal provisions of the decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, has the role to clarify the meaning of the notion by „civil servant assimilated”. In these circumstance...

The notion of „civil servant” and its relationship with the public authority, in all its forms of manifestation, is critically relevant in view of the fact that it is the active subject of the bribery offense. At the same time, the regulations in the administrative legislation, as well as the decisions of the Constitutional Court of Romania and of the High Court of Cassation and Justice, clarify the scope of the understanding of this no...