CONSEQUENCES OF THE INSTABILITY OF THE LEGAL FRAMEWORK REGARDING PUBLIC SERVANTS ON THE ADMINISTRATIVE CAPACITY

This paper proposes a careful analysis of current changes occurring in the field of legislation concerning public office. Analyzing the provisions of the Government’s Emergency Ordinance no. 37/2009 and also of the Government’s Emergency Ordinance no. 105/2009, both of them modifying the Law no.188/1999 regarding the public servants statute, we observed that an obvious politically direction of decentralized public institutions has been promoted. By declaring these acts unconstitutional, the category of coordinator directors was eliminated, currently being applied the settlements of Law no.188/1999. In this legal framework, has been proposed a new law amending the regulations on the Status of civil servants. However, these successive changes may only have a negative impact on public administrative reform and the incentive of the activity of civil services is far from being reached.public servant, decentralization, public institution, unconstitutionality

Conditions Derived from the ECHR Jurisprudence for the Effectuation of Interceptions in European Union Member States

The present paper aims to analyze ECHR jurisprudence on the provisions regarding technical supervision at European level. The focus of the research is on the conditions of authorization and the legislative demands derived from the European Court of Justice's judgments, which has repeatedly condemned the practices of the judicial authorities in the Member States regarding the performance of the technical supervision, and especially the ways of using the evidence thus obtained. Undoubtedly, technical surveillance is an interference in the exercise of the right to privacy of any European citizen, interference which is conditioned by the existence of a superior interest, namely the public interest in bringing to justice the persons guilty of committing various offenses. However, the ECHR consistent jurisprudence has shown that this public interest must not lead to the misuse of certain procedural measures, ignoring the right to a fair trial. The academic and practical interest of this work lies in the fact that its addressability is as wide as the entire European Union. Thus, the present study can support practitioners of law in any EU Member State, all the more so as national criminal law or criminal law systems tend towards a homogeneous legal provision

Unconstitutional Issues Regarding Legal Provisions Concerning Public Office

The paper draws attention on the recent amendments regarding the legal framework concerning public servants. Analyzing the provisions of the Government's Emergency Ordinance no. 37/2009 and also of the Government's Emergency Ordinance no. 105/2009, both of them modifying the Law no. 188/1999 regarding the public servants statute, we conclude that their purpose is to politicize the civil services and this aim is being achieved by means on the edge of legality. The headof the civil services are no longer public servants and are selected exclusively on political criteria. Consequently, politicizing civil services may only have a negative impact on public administrative reform and the incentive of the activity of civil services is far from being reached

Professional Reintegration of a Police Officer Convicted to a Suspended Custodial Sentence

Present paper aims at considering the professional reintegration of a police officer discharged from the law enforcement forces due to a conviction with conditional suspension of the custodial punishment. The debated issues follow the criminal and criminal procedure law reform in Romania, during 2013-2016, reform which resulted in a legislative void and a non-unitary and uncorrelated interpretation of the old legislation. The academic and practical significance of this endeavor consists in analyzing a transitional situation due to the failure of the legislator that remained unregulated and is likely to lead to a non-unitary interpretation and consequently to the flagrant damaging of the fundamental rights of police officers. Without wishing to be an exhaustive initiative, the present paper represents a review that highlights the doctrinal and jurisprudential implications of a conviction with conditional suspension of the custodial sentence, upon labor relations of the police officers

Molecular Adaptation of Photoprotection: Triplet States in Light-Harvesting Proteins

The photosynthetic light-harvesting systems of purple bacteria and plants both utilize specific carotenoids as quenchers of the harmful (bacterio)chlorophyll triplet states via triplet-triplet energy transfer. Here, we explore how the binding of carotenoids to the different types of light-harvesting proteins found in plants and purple bacteria provides adaptation in this vital photoprotective function. We show that the creation of the carotenoid triplet states in the light-harvesting complexes may occur without detectable conformational changes, in contrast to that found for carotenoids in solution. However, in plant light-harvesting complexes, the triplet wavefunction is shared between the carotenoids and their adjacent chlorophylls. This is not observed for the antenna proteins of purple bacteria, where the triplet is virtually fully located on the carotenoid molecule. These results explain the faster triplet-triplet transfer times in plant light-harvesting complexes. We show that this molecular mechanism, which spreads the location of the triplet wavefunction through the pigments of plant light-harvesting complexes, results in the absence of any detectable chlorophyll triplet in these complexes upon excitation, and we propose that it emerged as a photoprotective adaptation during the evolution of oxygenic photosynthesis

Corruption Crimes from the Point of View of the New Regulations of Law no. 286/2009

The corruption phenomenon in Romania is one of the factors that have slowed the progress of economic and political development, and therefore the fight against this phenomenon constitutes a primaryconcern of the entire Romanian society, in order to increase the level of integrity and trust towards state institutions and in order to integrate the Romanian society in the European community. Law no. 286/2009 regarding the new Criminal Code brings a number of changes in terms of corruption offenses, changes that have drawn much criticism. The faulty wording in the general part has resulted in the decriminalization of the largest part of the corruption crimes already committed and, as such, a partial indirect amnesty of thecorruption acts, which have seriously affected the social system and Romania's development. The manner in which a crime is defined by law or the ambiguity of the definitions regarding the criminal nature of an act seriously affects the clarity and predictability of the criminal policy. Moreover, the draft Criminal Code and the draft Criminal Procedure Code contain a number of provisions which are contrary to the Constitutional Court's jurisprudence and may affect the efficiency of the law

Conditions Derived from the ECHR Jurisprudence for the Effectuation of Interceptions in European Union Member States

The present paper aims to analyze ECHR jurisprudence on the provisions regarding technical supervision at European level. The focus of the research is on the conditions of authorization and the legislative demands derived from the European Court of Justice’s judgments, which has repeatedly condemned the practices of the judicial authorities in the Member States regarding the performance of the technical supervision, and especially the ways of using the evidence thus obtained. Undoubtedly, technical surveillance is an interference in the exercise of the right to privacy of any European citizen, interference which is conditioned by the existence of a superior interest, namely the public interest in bringing to justice the persons guilty of committing various offenses. However, the ECHR consistent jurisprudence has shown that this public interest must not lead to the misuse of certain procedural measures, ignoring the right to a fair trial. The academic and practical interest of this work lies in the fact that its addressability is as wide as the entire European Union. Thus, the present study can support practitioners of law in any EU Member State, all the more so as national criminal law or criminal law systems tend towards a homogeneous legal provision

General Considerations Regarding the Interceptions and Audio-video Registrations Related to the Judicial Practice and Present Legislation

The present paper tries to analyze the controversy of the admissibility of theinterceptions and audio-video registrations in the phase of the precursory documentscannot be admitted. The fact that interceptions and registrations can be disposed evenbefore starting the criminal prosecution, respectively before starting the criminal processor even before committing an offence is to bring severe prejudices to the right of a fairprocess and the right to a private life in the way in which these are stipulated in theConstitution and in the European Convention of the Human rights