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In today’s Romanian society, characterized by radical economic and political changes, we are witnessing a veritable „law crisis” mainly generated by the inadequate manner in which the law is devised. The law no longer seems necessary to regulate reality and to ensure the protection of the individual and his rights, rather it has become an easy solution amongst so many others, an element of the policies imposed by the ruling party or parties.The enactment of law no longer seems based on the two conditions considered essential to the drawing up of legislation: knowledge of reality and an adequate application of the legislative technique so that the social reality matches the reality reflected by the law. The law is no longer created to regulate a certain reality, rather through laws most often a parallel reality is created. The legislator no longer makes decisions concerning reality itself, but becomes a simple „fabricator” of reality. All these assessments constitute the fundamental reason that has determined us to reflect in this study upon what we call „the legislative construction of reality”. Thus, in this present article we try to bring forward for discussion no only the causes of this phenomenon, but also to propose solutions to remedy the problem.

By Law no 140/2022 regarding some protection measures for persons with intellectual and psychosocial disabilities and the modification and completion of some normative acts, the Romanian legislator responded to the need for regulation in the field of protection of persons, bringing the provisions of civil legislation into agreement with the Decision no 601/2020 of the Constitutional Court of Romania. Through this Decision, the Constitutional Court declared unconstitutional art 164 of the Civil Code which stated the institution of placing under prohibition the mentally retarded or mentally alienated natural person. The Court showed in its reasoning that this institution was not accompanied by sufficient guarantees to ensure respect for fundamental human rights and freedoms, as they are enshrined in the Romanian Constitution and interpreted by reference to international treaties, in this case the Convention on the Rights of people with disabilities. Starting from the actuality and particular practical relevance of the newly created mechanism for the protection of individuals with intellectual and psychosocial disabilities, this article proposes an overview of the new measures, emphasizing in particular the distinction between the types of measures that make up the new protection system and analysis of the conditions under which they can be disposed. The study is not intended to be an exhaustive one but aims to identify the general lines in the matter, at the same time raising the question of whether the new provisions really constitute real legislative progress in the matter of civil legislation applicable to individuals.

The debates on the drafting of laws in general and codes in particular are not recent but are an eternal topic of political and legal science, which is returning with increasing force. The same topic, but each time approached for different reasons and in different contexts, which gives it a permanent topicality. The current scientific approach addresses the traditional issue of rules regarding the style and language of drafting a normative act. The analysis does not claim an exhaustive study in the field, but represents a call for reflection, the purpose being mainly to analyze, 10 years after the entry into force of the new Romanian Civil Code, to what extent it manages to meet accessibility requirements and intelligibility. In order to be able to truly know an institution or a legal phenomenon, in order to be able to identify its vices and qualities, it is necessary to first clarify the concept itself and establish its foundations. Therefore, the first part of the study is devoted to the theoretical aspects related to legislation, codification and presentation of the rules on the style and language of normative acts. The second part of the study focuses on highlighting, by way of example, some legal norms in the current Civil Code whose intelligibility is questioned.

The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between these two fundamental rights is emphasized by the limitations brought to the attributes of the right to property by the exigencies of the environmental protection. Nowadays, in the context of a more and more polluted environment, property rights are becoming more and more pronounced to circumscribe their attributes of environmental significance. The study starts from the presentation of the environmental limitations of the exercise of the property right established by the constitutional provisions and continues with an analysis of the main decisions of the Constitutional Court pronounced in this matter. Our analysis allows us to conclude that the right to a healthy environment contributes significantly to the strengthening of property rights by reference to the requirements of individual welfare and those of the survival of humans and species.

The current study starts from the fact that, in the contemporary society, the patient can no longer be considered a simple consumer of services totally subordinated to the doctor, but he is an active participant in the performance of the medical act, having a series of rights, among which his right to information. This right completes the right to life and to health, his right to physical and psychical integrity, the right to dispose of oneself and the right over his own body. Knowing, accepting and bearing the consequences of his own (in) actions are important aspects for each individual, more valuable for the person subjected as donor or recipient of a transplant of organs, tissues or human cells for therapeutic purposes, given the implications of such a procedure. This is why a decision concerning the human body and health of an individual can be taken only after serious, real and intelligible information regarding the risks and benefits of the intervention to which that individual shall be subjected to.

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As well as other liberal professions in Romania, also the profession as an architect is regulated by special norms, the Law No 184/2001, whose provisions are amended by the Rules governing the functioning and organization of the Romanian Order of Architects and the Code of Ethics of Architects. The specificity of the disciplinary liability of the architects towards the common law is given by specific sanctions, by the authorities competent in performing the disciplinary investigation of the disciplinary offences, as well as by the specific procedural rules. The present study aims to offer a brief analysis of these aspects which differentiate the disciplinary liability of architects towards that of the employees performing their activities under an employment contract.

Society is quickly developing, but this process warrants the appearance of new laws, thereby putting the lawmaker under the pressure of regulating ever more diverse social aspects such as economic, political, cultural or ideological. The fast changes in society lead to shifts in social relations and even institutional modifications, which require regularization. Establishing objectives in law-making involves the participation not only of jurists specialized in this field but also defines a broader outlook including significant interventions from the political class. The law is the product of a compromise between the various political tendencies which clash in order to obtain a parliamentary majority. Starting with these main points, the present article seeks to stress the relation between legal policy, law-making policy, the legislative programme as well as the role of public policies in law-making.

Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research.