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Time law enforcement. The difference between the voluntary judicial situations and legal judicial situations

The High Court of Justice and Cassation stated that in what concerns the new draft law enforcement it must be made a clear difference between the legal judicial situations which require the new draft law,  as long as they are in the making process at the time of the new draft law enforcement, and the voluntary judicial situations, which are under the control, in what concerns the validity of substantive and formal conditions, of the law existing in the moment of elaborating the legal document which is their source. In this case, regarding the subjective judicial situations, which come as a result of the parties’ legal documents and contain the wanted effects by these parties, the principle is they remain governed by that law existing at the moment of their elaboration, even after the enforcement of the new draft law, but only if these situations are under the control of some flexible permissive rules and not under the control of some genral public order rules. In this case, regarding the legal proceeding pending actions at the time of making public the Constitutional Court Decisions no. 1358 and no. 1360/2010, through was stated the unconstitutionality of article 5 paragraph 1 letter a) Thesis I Bill no, 221/2009, we are in the presence of a legal judicial situation facing the new law before being defined, at the publication moment of that decisions, results the legal texts declared as being unconstitutional cannot produce any judicial effect. (Decision no. 1511 from 5th Of March 2012 pronounced in appeal at Department civil I from High Court of Cassation and Justice having as object moral damages concerning Bill no. 221/2009 )

>> The source: JURIDICE.ro

Daniela GHICAJANU

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