Violence takes many forms, from the verbal to the physical and mental, invariably creating an injury to the victim’s physical or mental integrity, possibly even affecting their freedom.

For reasons of criminal policy and alignment with the needs of society, a new law on the protection of victims will produce its effects starting from 31.08.2024, once it enters into force. This new law, 26/2024 on the protection order, will replace the current regulation still in force, Law no. 217/2003 for preventing and combating domestic violence. From the beginning we notice that the new regulation is much more applied and related to the danger of any person being in concrete danger, given the wide appreciation of the legislator on the variety of social relations that a citizen develops in the community of which he is a part.

Starting from the right to life regulated not only by the Romanian Constitution, but also by all other international instruments for its recognition, it was necessary to introduce a new regulation, adapted to the needs of each individual, the state being the one that gives him viable protection. In this sense, the new Law 26/2024 is structured in 4 chapters, the first defining the notion of acts of violence and family member, the second and third concretely describing the procedure for issuing the provisional protection order, respectively protection order, the fourth chapter containing final and transitional provisions. In the appendices section, we note the requests regarding the issuance of the provisional protection order, as well as the protection order with the protection measures that can be requested by the victim, they contain extensive information that will be provided by the applicant.

For a complete study, this new Law no. 26/2024, can be identified in the Official Gazette no. 172 of March 4, 2024.

On 8 March 2024, the International Centre for Settlement of Investment Disputes in Washington, D.C., an international jurisdiction created by the World Bank, notified the arbitral award in the above-mentioned arbitration case, according to which Romania won the case. According to the award, the claimants Gabriel Resources Ltd. and Gabriel Resources (Jersey) were ordered to reimburse Romania for the costs of the arbitration proceedings.

The judgment is final, but within 120 days from the date of communication of the judgment, an action for annulment may be brought, in which case another arbitral tribunal will be constituted.

According to Art. 52 para. (1) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, any party to the arbitration may request in writing, to the Secretary-General, the annulment of the award on one of the following grounds:

a) the tribunal was not properly constituted;

b) the Tribunal has manifestly exceeded its powers;

c) there was corruption on the part of a member of the tribunal;

d) there has been a serious departure from a fundamental rule of procedure; or

e) the award has failed to state the reasons on which it is based.

The arbitral tribunal was composed of Prof. Pierre Tercier (President of the Tribunal), Dr. Horacio A. Grigera Naón and Prof. Zachary Douglas.

The arbitral proceedings were initiated by Gabriel Resources in July 2015, with the statement of claim alleging that Romania had breached the Canada-Romania bilateral investment treaty and the UK-Romania bilateral investment treaty, including the obligation not to expropriate investments without compensation.

For these reasons, Gabriel Resources requested that Romania pay a total of approximately USD 6.7 billion, including interest.

In its defense, Romania argued that Rosia Montana Gold Corporation (a consortium between Gabriel Resources and the Romanian state-owned company Minvest) failed to meet the permitting requirements, largely as a result of its failure to obtain a social licence for the mining project.

In reaching this ruling, the Arbitral Tribunal took into account the environmental, social, cultural and economic challenges faced by the mining project, finding that the Romanian authorities had “fulfilled their regulatory mandate to the best of their ability in these difficult circumstances”.

We note that the arbitral award will be available on the website of the International Centre for Settlement of Investment Disputes at the World Bank (ICSID) as soon as the confidential information is anonymised in the award.

Romania was represented in this arbitration case by the consortium of law firms LALIVE Geneva and Leaua Damcali Deaconu Păunescu (LDDP).

For more information, see: https://icsid.worldbank.org/cases/case-database/case-detail?CaseNo=ARB/15/31.

On the occasion of the approaching Easter Holidays, LESIJ team wants to convey to the members of the Scientific Editorial Board, of the Editorial Review Board, and also, last but not least, to the Authors, who regularly contribute to the publication of the magazine, wishes of well-being, health and harmony on all levels, without which no project could be realized!

Happy Holidays!

Dear Contributors,
Dear Members of the Editorial Board,

 Another year comes to a close, and we would like to thank all of our contributors and reviewers for their hard work and dedication.

 As we look back upon the past year, we would like to acknowledge those who have helped us shape LESIJ – Lex ET Scientia International Journal in 2022. It’s been quite a year for all of us, especially after the restrictions of COVID-19 pandemic.

 In 2022 have received so many studies for publication, and we were happy to publish certain of them in both numbers of LESIJ – Lex ET Scientia International Journal.

 We have started 2022 by presenting on one side, innovative digital tools for judicial cooperation across the EU which may change the classical models of court administration. Sensitive issues about human rights have also been analysed into the pages of the 2022 journal – for example medically assisted suicide, discrimination, freedom of conscience, opinion and freedom of religion beliefs.

 Foreign authors have contributed with themes analysing the contract law in comparison of Hungarian and Canadian law, and the labour migration in Germany.

 The year 2023 brings with it new resolutions and goals. May you push your boundaries, realize your dreams, and rediscover your inner strength. Best wishes and blessings for 2023! May the holiday spirit be with you and your family throughout the New Year.

 Yours truly,
 The Editorial Team

Dear Authors,

Dear Members of the Editorial Board,

As we look back upon the past year, we would like to acknowledge those who have helped us shape LESIJ – Lex ET Scientia International Journal in 2020. It’s been quite a year for us all, especially because of the COVID-19 pandemic!

Thanks for a great year, and we wish you all the best as you embark on the new year ahead. We look forward to working with you in the years to come.

Although fear and anxiety about the COVID-19 pandemic is overwhelming and is causing strong emotions in all of us, we wish you a Happy Holiday and a joyful New Year. May the holiday spirit be with you and your family throughout the New Year.

Yours truly,

Mr. Mircea DAMASCHIN
Editor of LESIJ
Calea Vacaresti no. 185, District 4, Bucharest, Romania
E-mail: mirceadamaschin@univnt.ro
Phone: 0040.21.330.90.32

Mrs. Laura SPATARU-NEGURA
Assistant Editor of LESIJ
Calea Vacaresti no. 185, District 4, Bucharest, Romania
E-mail: negura_laura@yahoo.com
Phone: 0040.722.57.02.01

We inform you that, following an intimation sent to the journal by Mrs. Chiara Amalfitano, professor of European Union Law at the University of Milan, the Ethics Commission of the University “Nicolae Titulescu” established that the study “Legal basis and ‘transversal’ interpretation of the ultimate reforms of the European Union jurisdictional system”, published by Mr. Dimitris Liakopoulos in LESIJ no. 2/2018, presents substantial takeovers from the study “La recente proposta di riforma dello Statuto della Corte di giustizia dell’Unione europea: molti dubbi e alcuni possibili emendamenti”, published in Italian by the author of the intimation in the journal Federalismi, September 2018. Also the Ethics Commission established that the author claimed, Mr Dimitris Liakopoulos, had published the study under false academic affiliation. In this context, the Ethics Commission recommended withdrawing the study mentioned in the contents of LESIJ Journal no. 2/2018, recommendation to which the editorial board acquiesced. At the same time, the decision to withdraw the study in question was communicated to the databases in which LESIJ is indexed.

Additionally, the Ethics Commission has decided to withdraw the second study published by Mr. Dimitris Liakopoulos in the Lex ET Scientia International Journal issue no. 1/2020 – “Minorities Protection After the Resolution of European Parliament of 13 November 2018”.

On this occasion, we express once again our firm commitment to the values of correctness and strict observance of the deontology of scientific research.

The Doctoral School of the Faculty of Law of the West University of Timisoara, the European Center for Legal Studies and Research and the West University Foundation will organize the International Conference of Doctoral Students in Law, XI-th edition, in Timişoara, on June 21, 2019.

The purpose of organizing this event is to stimulate the capitalization of the scientific research of PhD students and law students, facilitating the publication of the results of the research activity, as well as establishing collaboration relations between the faculties and the doctoral schools to which the participants are registered.

PhD students from Romanian and foreign law faculties are expected to attend the conference.

The volume of the conference, including PhD students, will be published in a prestigious legal publishing house, which will guarantee its high scientific and graphic outlook and be given to the participants at the event. At the same time, the volume will be transmitted by the organizers to all faculty libraries from which the authors come from.

Works can be written in Romanian or English. The papers submitted for publication by PhD students must be scientifically endorsed by their PhD supervisors. The organizers do not require formal proof in this respect but will be able to contact the PhD supervisor at any time to request information on the quality of the work.

For registration, please follow the link https://www.uvt.ro/ro/Conferinta-internationala-a-doctoranzilor-in-Drept/ (in the lower part of the webpage).

Dear Authors,

Dear Members of the Editorial Board,

As the holiday season is upon us, we find ourselves reflecting on the past year and those who have helped to shape LESIJ – Lex ET Scientia International Journal. It’s been quite a year for us all! We hope that 2018 has been just as memorable for you, your colleagues and your loved ones. We look forward to working with you in the years to come.

Wishing you a Happy Holiday and a joyful New Year. May the holiday spirit be with you and your family throughout the New Year.

Yours truly,

Mr. Mircea DAMASCHIN
Editor of LESIJ
Calea Vacaresti no. 185, District 4, Bucharest, Romania
E-mail: mirceadamaschin@univnt.ro
Phone: 0040.21.330.90.32

Mrs. Laura SPATARU-NEGURA
Assistant Editor of LESIJ
Calea Vacaresti no. 185, District 4, Bucharest, Romania
E-mail: lauranegura@univnt.ro
Phone: 0040.722.57.02.01