Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation
This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework f...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2012-06-01
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| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdf |
| _version_ | 1797219031122444288 |
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| author | Marieta SAFTA |
| author_facet | Marieta SAFTA |
| author_sort | Marieta SAFTA |
| collection | DOAJ |
| description | This study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area. |
| first_indexed | 2024-04-24T12:27:10Z |
| format | Article |
| id | doaj.art-19bca4944c3e480fa7d5c7ecfc76fb70 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:27:10Z |
| publishDate | 2012-06-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-19bca4944c3e480fa7d5c7ecfc76fb702024-04-08T07:43:03ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822012-06-0121128147Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscationMarieta SAFTAThis study examines - from a dual perspective - historical and teleological, the constitutional provisions that enshrine the presumption of lawful acquirement of assets, including the development and interpretation thereof in the case-law of the Constitutional Court, in order to create a framework for analysis of Law no. 63/2012 amending and supplementing the Criminal Code and Law no. 286/2009 on the Criminal Code, a law that establishes the measure of extended confiscation, expression of international regulatory concerns in this area.http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdfright to propertypresumption of lawful acquirement of propertylegal certaintyextended confiscationrevision of the Constitution |
| spellingShingle | Marieta SAFTA Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation Juridical Tribune right to property presumption of lawful acquirement of property legal certainty extended confiscation revision of the Constitution |
| title | Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation |
| title_full | Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation |
| title_fullStr | Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation |
| title_full_unstemmed | Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation |
| title_short | Presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case-law of the Romanian Constitutional Court. The reference constitutional framework for regulating of the extended confiscation |
| title_sort | presumption of lawful acquirement of property and confiscation of unlawfully acquired property in the case law of the romanian constitutional court the reference constitutional framework for regulating of the extended confiscation |
| topic | right to property presumption of lawful acquirement of property legal certainty extended confiscation revision of the Constitution |
| url | http://www.tribunajuridica.eu/arhiva/An2v1/nr1/art4_en.pdf |
| work_keys_str_mv | AT marietasafta presumptionoflawfulacquirementofpropertyandconfiscationofunlawfullyacquiredpropertyinthecaselawoftheromanianconstitutionalcourtthereferenceconstitutionalframeworkforregulatingoftheextendedconfiscation |