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  • Author: Alexandru Stoian x
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Abstract

Considered to be one of the most important functions of the state, the national defense encompasses all the measures adopted both in peacetime and in crisis or war situations in order to guarantee the national sovereignty, independence and unity of the state. An appropriate training for the complexity of a crisis situation can not exclude the proper legal foundation, because without a well-built legislative structure the response to a threat against the state may be delayed or inexistent.

In order to ensure the normative framework, alongside the Romanian Constitution, the Government Emergency Ordinance no. 1/1999 offers, even with small gaps, the legal elements necessary for the realization of a unitary system of response to crisis in which various public, civil and military authorities intertwine their attributions in the establishment and implementation of siege-specific measures.

Abstract

Traditional modality of using public property, the concession has played a significant role in the development of the modern state by capitalizing on those goods that by their legal nature have an inalienable character as well as by entrusting some works or public services to legal entities of private law which can execute them or make them more efficient.The economic development of the last decades of the states of the European Union, the acceleration of the commercial exchanges and the extension of the forms of circulation of the goods and services at community level have determined the reconsideration of the concession contract as a legal instrument for the capitalization of the public property goods, of the works and services that the state owns.The consolidation, at national level, of some legal norms meant to regulate concession and its forms was significantly influenced by the provisions of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts. Thus, Law no. 100/2016 regarding the concession of works and services as well as the recent Government Emergency Ordinance no. 57/2019 on the Administrative Code implement the new European vision.

Abstract

Having a long tradition in the system of judicial organization in Romania, the military courts represent a category of courts specialized in the prosecution and punishment of the deeds committed by the military. In the context of satisfying the public interest and of the protection of the fundamental rights and freedoms of the citizens, the role of the military courts has always been a strongly individualized one and should, at first sight, enjoy a wider recognition. However, the reforms required by the implementation of the new codes, the Criminal Code and the Criminal Procedure Code, bring into discussion significant restructuring and side with a demilitarization of military courts, required by a better streamlining of the judicial system and by a more adequate implementation of the guarantees of independence and impartiality stipulated by the Constitution of Romania.

Abstract

The Ombudsman type institutions are appointed to investigate individuals’ complaints against public authority and represent important actors in human rights protection system and in implementing democratic controls of the security system. These institutions have the task of interrupting human rights and the fundamental freedoms of armed force personnel, as well as ensuring the over-protection and prevention of defamation of armed forces. At the European level, the institutions of the Ombudsman are particularly important for ensuring the accountability of public authorities outside the contradictory environment of the courts. Ombudsman’s general institutions are mandated to receive complaints about all or almost all state organs, and their attributions concern all public services and government branches, including the armed forces. In addition, the ombudsman institutions with exclusive jurisdiction are independent and have exclusive jurisdiction over the armed forces, usually civilian and independent of the military command chain. Also, the Ombudsman institutions operating within the army can be identified and these are not completely independent, most often subordinated to the defense ministry and receive money from the defense budget.

Abstract

Imposed by states in order to defend its own territory and national values during the time of crisis, mobilization of armed forces in a contemporary global context creates new challenges for the public authorities, designers of the national legal framework and for the military authorities. In this regard, extraordinary measures can be taken in political, economic, social, administrative, diplomatic, legal and military fields, planned and prepared in peacetime. The Romanian National Defense System consists of the forces intended for defense, the resources of the national defense and the territorial infrastructure and provides a stable foundation for all types of actions related to mobilization, as long as the procedures involved are implemented at a high level of efficiency

Abstract

The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.

Abstract

Refractory concretes with the usual cement content (about 20%) present, besides their well-known advantages, several important disadvantages which make such concretes unfit for certain applications. The relatively high CaO content in concretes, the presence of even small amounts of SiO2 and Fe2O3 in cement reduce in the first place the concretes refractoriness; if their relatively high porosity is also taken into account, the concretes behavior is further damaged in regard to the structural and thermal-chemical stability. especially at their high operating temperatures. This work is an attempt to correct the shortcomings shown by reducing the cement dosage and using appropriate admixtures in the technological process of concrete making.

Abstract

The paper shows data related to coexistence of various binding systems, which could be present during the hardening of special concretes. It is taken into account the Ultra Low Aluminous Cement Concretes additivated with different materials (phosphates and mineral ultra dispersed powders - Condensed Silica Fume, Hydrated Alumina etc). In correlation to the pH-value, these substances can favour the forming of new binding systems besides the hydraulic binder (which is not important in this case). The new system is the coagulation binding form. The coagulation binding system has a very important role in the advanced compactness and in the increasing mechanical strengths of concrete structures.