Carmen D. Caraiman - Limba Engleza Pentru juristi-CURS PDF
Carmen D. Caraiman - Limba Engleza Pentru juristi-CURS PDF
Carmen D. Caraiman - Limba Engleza Pentru juristi-CURS PDF
Nowadays legal English has started to play a more prominent role in the profession of a lawyer,
prosecutor or judge basically due to the phenomenon of globalization, which has generated the
internationalization of legal transactions, and has made available more legal jobs all over the world.
This course book was conceived as a practical instrument for students in law, translators, as
well as for anyone who is interested in acquiring legal English terminology in everyday contexts.
The book contains six sections: five of them focus on vocabulary (general legal terminology,
terms used to refer to the Romanian legal system, and terms commonly used to refer to the EU law),
while the last section deals with grammar topics applied in legal contexts.
In conceiving the vocabulary units the author considered and made use of fundamental legal
texts: specialized dictionaries and glossaries, the Constitution of Romania, the Romanian Criminal
Code, Romanian laws on the judiciary / on the Ombudsman / on public administration, the European
Convention on Human Rights, up-to-date bibliography on legal professions and law firms, as well as
up-to-date bibliographic resources on the EU history and institutions.
CONTENTS
PART 1
SECTION 1 BASIC LEGAL TERMS AND THE PRACTICE OF LAW
UNIT I- WHAT IS LAW?
UNIT II - COMMON LAW AND CIVIL LAW
UNIT III - LEGAL PROFESSIONS IN ROMANIA. HOW TO DRAW UP A CV AND A
LETTER OF APPLICATION - TIPS FOR AN INTERVIEW
UNIT IV - LAW FIRMS
UNIT V - COMMON LEGAL DOCUMENTS
SECTION 5 EU LAW
UNIT I - EU LAW - INTRODUCTORY COURSE
UNIT II: THE EU TREATIES
UNIT III: THE SCHUMAN PLAN
UNIT IV - EU INSTITUTIONS
UNIT V THE EUROPEAN COURT OF HUMAN RIGHTS. THE ROLE AND STRUCTURE
OF ECHR. A CASE TRIED BY ECHR
PART 2
GRAMMAR
UNIT I: THE ENGLISH TENSES REVISION AND TESTS
UNIT II: THE PASSIVE VOICE REVISION AND TESTS
UNIT III: QUESTION TAGS REVISION AND TESTS
UNIT IV: THE SEQUENCE OF TENSES REVISION AND TESTS
V. REPORTED SPEECH REVISION AND TESTS
VI. IF-CLAUSES REVISION AND TESTS
VII. VERB PATTERNS REVISION AND TESTS
UNIT VIII: MODAL VERBS REVISION AND TESTS
UNIT IX: THE NOUN AND ITS DETERMINERS REVISION AND TESTS
SECTION 1
BASIC LEGAL TERMS AND THE PRACTICE OF LAW
UNIT I- WHAT IS LAW?
1) Laws are said to defend social order (including individual rights and freedoms) and values (moral,
cultural), to protect the independence and sovereignty of states, as well as the governing systems
existing all over the world. Yet, law practitioners sometimes fail to treat all citizens impartially (see
poor vs. rich citizens) and use law to the benefit of offenders (e.g. the situation in which an offence is
prescribed due to the prolongation of trial duration beyond the reasonable term provided for its
solution). What measures should be taken to prevent the occurrence of such situations?
2) Early democracies are thought to be more inclined towards corruption. Hence the citizens
perception that democracy fails to protect their rights and interests to the same extent as previous
totalitarian regimes did. Do you agree with this statement?
EXERCISE 1: read the following text and discuss its main topic:
For explaining what law is one can consult dictionaries, encyclopaedias, textbooks and law
journals. However, no answer will be exhaustive but rather partial and always open to extra
information so much more the evolution of law and legal institutions are influenced by the historical,
economic, political, and the cultural contexts within which they evolve. For supporting this idea with
arguments it is enough to think of particular characteristics of law during different historical eras and
political regimes.
Law is an instrument whereby a country is governed and relationships between its citizens are
regulated. The fundamental law of any state, the Constitution, has the role to set forth the form of
government (republic, parliamentary republic, monarchy), the key principles for ruling the state,
citizens rights and freedoms, as well as their duties (e.g. the duty to be faithful towards the country, to
defend it in case of war or to pay financial contributions to the state), the public authorities in the state
(including the system of courts, the organization and functioning of the public administrative sector),
the principles that regulate the functioning of economy and public finance, the conditions under which
the fundamental law of the land can be revised and last but not least special provisions regarding the
integration of the state in international organizations.
The Constitution is the nucleus of all the body of laws in a state and its principles are applied
and observed in all domains of law: public, private, criminal, and civil.
Many countries modify or alter their constitutions subsequent to an important historical event:
the fall of a political regime, the end of a war, the attaining of independence.
EXERCISE 2: for revealing some of the most important domains of law, try to match the following
legal phrases to their definitions:
1. family law a. The study of the entire body of European legislation, as well as of
the European institutions (European Parliament, European
Commission, European Council, EU Council, European Court of
Human Rights etc.)
2. EU law b. Area of law which is concerned with crimes against society and
their punishments
3. Roman law c. Area of law which regulates patrimonial and non-patrimonial
relations among individuals who enjoy equal rights, as well as certain
personal relations regarding the persons individuality and the legal
condition of physical persons and of other collective subjects that
have established civil legal relations
4. common law d. An area of law which is concerned with family-related issues and
is meant to regulate domestic relations
5. criminal law e. It comprises more than 1,000 years of jurisprudence: starting with
the Twelve Tables and continuing with Corpus Juris Civilis (of
Justinian I).
6. administrative law f. Also known as case-law or Anglo-American law it is based on
judicial decisions and it has been developed by the courts of England
since Middle Ages. Nowadays it is applied in the UK, the USA and
most of the Commonwealth countries.
7. civil law g. The body of law that regulates public administration at central and
local levels
8. constitutional law h. The body of law that regulates the interaction of human beings and
the environment with a view to reducing the negative influence of
human activity upon the natural environment.
9. copyright law i. The area of law that is meant to regulate labour relations (it is also
known as employment law).
10. labour law j. The body of laws that are meant to secure the exclusive right of
authors and inventors over their creations and discoveries.
11. environmental law k. This is also known as the fundamental law of the land.
a) Fill in the gaps with the missing word (which, basically, is an article, a pronoun or a preposition):
Step on (1) bus. The law is there. You have almost certainly entered (2) a contract to
pay the fare to your destination. Alight before you have paid and the long arm of the criminal law may
be expected (3) pursue you. The bus is involved in (4) accident. The law is ready to determine
who is responsible for the injury you sustained. Your job, your home, your relationships, your very life
and your death, all and more are managed, controlled, and directed (5) the law. The legal system
lies (6) the heart of any society, protecting rights, imposing duties, and establishing a framework (7)
the conduct of almost every social, political and economic activity. Punishing offenders,
compensating (8) injured and enforcing agreements are merely some of the tasks of a modern legal
system. In addition, (9) endeavours to achieve justice, promote freedom, uphold the rule (10) law
and protect security.
(11) the laymen, however, the law often seems a highly technical, bewildering mystery, with its
antiquated // jargon, obsolete procedures and interminable stream of Byzantine statutes, subordinate
legislation and judgments of the courts. Lawyers tend to look backwards. The doctrine of precedent,
hallmark of the common law, dictates that (12) has gone before is what now should be, thereby
affording a measure of certainty and predictability in a precarious world.1
But the law does not stand still. Globalization, rapid advances in technology and the growth of
administrative regulation place increasing strain (13) the law. Domestic legal systems are expected
to respond (14) and even anticipate, these changes, while many look to international law to settle
disputes between states, punish malevolent dictators and create a better world. These are among the
numerous challenges (15) which contemporary legal systems are meant to rise.2
The law is rarely uncontroversial. While lawyers and politicians habitually venerate its merits,
reformers bewail (16) inadequacies //. Few, however, would deny (17) , in most societies, law
has become a significant instrument for progress and improvement in our social, political, moral and
economic life. Think of the transformation that legal rules have wrought in respect of numerous aspects
of our lives that were once considered personal: (18) promotion of sexual and racial equality, safety
at work and play, healthier food, candour in commerce and a host of other admirable aspirations. Laws
to protect human rights, the environment and our personal security have mushroomed. Nothing seems
(19) the reach of the long arm of the law. This boom in the law-making business renders it
impractical both for citizens to become (20) with its myriad rules and for the authorities to enforce
them.3
The law is news. Murders, mergers, marriages, misfortunes and mendacity are daily media fodder,
especially when the misbehaviour is played out in court. Sensationalist trials concerning celebrities are,
alas, only the small tip of a large iceberg.4
b) Explain the following words and phrases in English: mendacity, daily media fodder, wring,
bewail, malevolent, hallmark, thereby, alight before, common law.
Choose three of them and include them in legal contexts created by you.
1. The Code of Hamurabi was written in 1760 BC? Today you can see the stella upon which the Code
of Hamurabi is written in the Louvre Museum, Paris.
2. Hamurabi was the king of the Babylonian empire.
3. According to the Code of Hamurabi, a false witness was punished with death. The same punishment,
the death penalty, was applied for a builder if the house he built collapsed and killed its owner.
4. Another famous lawmaker was Solon, who lived in the sixth century BC. Solon was appointed to
help the Greeks surpass the crisis their society was undergoing. Solon passed laws that were meant to
1
Raymond Wacks, Chapter 1: Laws Roots in Law. A Very Short Introduction, Oxford: Oxford University Press, 2008.
2
Idem.
3
Idem.
4
Idem.
reform economic and political life, as well as marriage and a series of crimes alongside with the
penalties for them.
5. One of the reforms brought by Solon was the termination of serfdom.
6. The Twelve Tables were issued by the Romans in about 450 BC.
7. In the sixth century AD Justinian ordered the creation of the Corpus Juris Civils, consisting in a
Digest, a Codex and Institutes.
8. The Napoleonic Code (1804) had a huge influence all over Europe, as well as in Latin America.
9. The term Civil law is often used in contrast to common law. Thus, civil law may refer to the codified
law basically applied in Europe, South America etc. Common law is applied in the UK,
Commonwealth Countries, the US and Canada (except for the province of Quebec). In this context,
civil law refers to: French civil law (also applied in Belgium and Luxembourg, Quebec, Italy, Spain
etc.); German civil law (also applied in Austria, Switzerland, Portugal, Greece, Turkey, Japan, South
Korea and Taiwan); Scandinavian civil law (Sweden, Denmark, Norway and Iceland) and Chinese law,
which is a mixture of socialist legal principles and civil law.
For the next seminar write about one of the following topics:
- the rights that Romanian citizens were entitled to during the communist regime (see the Romanian
Constitutions of 19521) and the rights and duties that Romanians are currently entitled to (according to
the 20032 constitutional provisions);
- compare the electoral system during the totalitarian regime and the present democratic regime in
Romania;
- compare the form of government during the totalitarian regime in Romania and the present democratic
regime in our country.
Bibliography
Jonathan Law, Elizabeth A. Martin, A Dictionary of Law, Oxford: Oxford University Press,
2009
Raymond Wacks, Law. A Very Short Introduction, Oxford: Oxford University Press, 2008
Frank August Schubert, Introduction to Law and the Legal System, Boston: Wadsworth, USA,
2008
Online bibliography:
Constitutia Romniei (1952) - http://legislatie.resurse-pentru-democratie.org/const_1952.php -
accessed on 20th July 2013
Constitutia Romniei (2003) - http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th
July 2013
1
http://legislatie.resurse-pentru-democratie.org/const_1952.php - accessed on 20th July 2013.
2
http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th July 2013.
UNIT II - COMMON LAW AND CIVIL LAW1
1) What is civil law? Can you mention at least one meaning of this phrase (for example, define this
branch of law in opposition to criminal law)?
2) What does common law mean? How could you translate this phrase into Romanian?
3) What is a judicial precedent?
4) What is a legal code? What is its role?
5) What is the difference between a law and a custom?
1) The jury trial is used in many countries of the world today. Do you consider that the presence of
jurors guarantees a more objective trial? During the interwar period Romania also used jury trials for
criminal matters. Today practitioners and theoreticians are debating on re-introducing the jurors in
court. Do you think that this is necessary?
2) Both civil law and common law countries encourage today the use of ADR (alternative dispute
resolution, including, e.g., mediation, arbitration, etc.). Why would ADR be a desirable solution to
settling litigations? Are there situations in which mediation / arbitration would prove improper for
application?
1
Students must be careful when using the phrase civil law, which may refer both to the continental system of law (opposed
to the common law system) and to the branch of law which regulates patrimonial and non-patrimonial relations among
individuals who enjoy equal rights, as well as certain personal relations regarding the persons individuality and the legal
condition of physical persons and of other collective subjects that have established civil legal relations.
specific matters (civil, criminal, fiscal etc.)
10) lay matters j) a legal tradition which originated in England
and is different from civil law tradition
11) i.e. k) indication that you could find more
information on the topic in a certain source
(from Latin quod vide)
12) e.g. l) and the following ones (from Latin et
sequitur)
13) q.v. m) for example (from Latin exempli grati)
14) et seq. n) that is, namely (from Latin id est)
EXERCISE 2: answer the following questions after you read the text below:
1) What is the role of a judge in the common law and civil law traditions?
2) What are the roots of the civil law tradition?
3) In which of the two legal traditions (the common law / the civil law) does the judge play a key role
in the law-making process?
Nowadays common law and civil law are known as two major legal traditions. The former was
created in England during the Middle Ages (in fact, the common law tradition is said to have started
with the Norman Conquest in 1066). It is applied in UK and USA with significant differences.
Similarly, the common law tradition is applied in most of the Commonwealth countries. The latter, the
civil law tradition, also known as the continental tradition was adopted in the colonies of Spain and
Portugal and, later on, in Russia and Japan.
Common law is largely based on precedent. The precedent is the set of judicial decisions that
were made in similar cases. Precedents are gathered in collections of case law. The judge decides what
legal precedent is applied in each case. Consequently, judges are said to occupy a central position in the
common law tradition for it is he/she who creates precedents and who decides which of them are
applied.
The Common law tradition makes a clear distinction between statutory law, created by
Parliament, and case law, created by judges.
Another characteristic of the common law tradition is the fact that it is considered an adversarial
system (in adversarial systems conflicts are tried by the opposing parties before a judge who
moderates).
In the UK and the USA jurors (ordinary people who do not have legal training) are often
present in court to decide on the facts of the case and to return the verdict in accordance with which the
judge passes the sentence.
Civil Law (from the Latin ius civile = the law applied to all citizens) has its roots in the
compilation of Roman law created by the Emperor Justinian. This compilation is known as Justinians
Corpus Juris Civilis (published in Constantinople in AD 533).
Civil law traditions use legal codes that set forth provisions and procedures in civil, criminal,
fiscal, labour, etc. matters.
The judge has the role to determine the facts of the case and to apply the legal provisions that
are appropriate for each case. Although the judge often brings the formal charges, investigates the
matter, and decides on the case, he or she works within a framework established by a comprehensive,
codified set of laws. Civil law is less indebted to the judges decision; its shaping and evolution rather
depends on lawmakers and legal experts who draw up and construe the existing legal codes.
EXERCISE 3: fill in the gaps with one of the following terms: precedent, the Normans, common law,
Norman Conquest, writ:
(1), also called ANGLO-AMERICAN LAW, the body of customary law, based upon
judicial decisions and embodied in reports of decided cases, which has been administered by the
common-law courts of England since the Middle Ages. From this has evolved the type of legal system
now found also in the United States and in most of the member states of the Commonwealth of
Nations. Common law stands in contrast to the rules developed by the separate courts of equity (q.v.),
to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law (q.v.)
now widespread in continental Europe and elsewhere. //
Common law is the law that was developed in England after the (2) (1066), by judges who
ruled in individual cases in the light of (3) or custom, with minimal recourse to statutes or
enactments. This body of customary law continued to evolve through the end of the 18 th century in
England and its overseas colonies. Common law continues to undergo considerable modernization.
Before the Norman Conquest the law in England was administered according to local Anglo-
Saxon custom, with the church playing a major role. // (4), in effect, created English common law
by establishing a central judiciary that administered common (that is, general) laws based on the writ
system. A (5) is a written order requiring a person to appear and provide proof of compliance with
the decision of the court or to stand trial.1
EXERCISE 4 - cloze test: fill in each gap with an appropriate missing word (the missing word is an
article, an adverb or a preposition):
Civil law, also called ROMANO-GERMANIC LAW, (1) law of continental Europe, based
on a mixture (2) Roman, German, ecclesiastical, feudal, commercial and customary law, European
civil law has been adopted in much of Latin America as well as (3) parts of Asia and Africa and is to
be distinguished from the common law of the Anglo-American countries.
The term civil law has other meanings not employed in this article. The term jus civile, meaning
civil law, for example, was used in ancient Rome (4) distinguish the law found exclusively in the
city of Rome from the jus gentium, the law of all nations found throughout the empire. The phrase has
also been used to distinguish private law, governing the relations (5) individuals, from public law
and criminal law. Finally, the national law of a country is sometimes called civil law, (6) contrast to
international law.
The French Revolution established the idea that the basis of law is statute, (7) custom.
Customs were to be tolerated as the basis of laws (8) until they were replaced by statutes. The civil
code that Napoleon enacted sought to express all laws in written language comprehensible (9) the
average citizen. It also sought to avoid ruptures (10) tradition where possible.//2
EXERCISE 5 - comprehension exercise: correct the following statements if you consider that they
are wrong:
1) Civil law tradition is older and more widespread in comparison with the common law tradition.
2) The origin of civil law tradition must be traced back to AD 450, when the Twelve Tables in Rome
were published.
1
Encyclopaedia Britannica, vol. III, by Encyclopaedia Britannica, Inc., 2007, p. 492.
2
Encyclopaedia Britannica, vol. III, by Encyclopaedia Britannica, Inc., 2007, p. 338.
3) The civil law tradition is the dominant legal tradition in the USA.
4) The civil law tradition is very much indebted to the judicial precedent.
5) The common law tradition is said to have started with the Norman Conquest (1066).
6) The common law tradition is shared by UK, USA, Canada, Australia, and New Zealand.
A) Write a concise and contrastive presentation of the two phrases civil law and/vs. common
law insisting on:
- the definition of the two phrases;
- the distinction between legal tradition and legal system;
- examples of characteristics of the two systems.
Use legal dictionaries and the books recommended in the bibliography given at the end of this unit.
Read the fragments below to help you develop the writing homework task for the next seminar:
A legal system // is an operating set of legal institutions, procedures, and rules. In this sense
there are one federal and fifty state legal systems in the US, separate legal systems in each of the other
nations, and still other distinct legal systems in such organizations as the EU and the UN. In a world
organized into sovereign states and organizations of states, there are as many legal systems as there are
such states and organizations.
National legal systems are frequently classified into groups or families. Thus, the legal systems
of England, New Zealand, California, and New York are called common law systems, and there are
good reasons to group them together in this way. But it is inaccurate to suggest that they have identical
legal institutions, processes, and rules. On the contrary, there is great diversity among them, not only in
the substantive rules of law, but also in their institutions and processes.
Similarly, France, Germany, Italy, and Switzerland have their own legal systems, as do
Argentina, Brazil, and Chile. It is true that they are all frequently spoken as civil law nations //.
They have quite different legal rules, legal procedures, and legal institutions.1
A legal tradition, as the term implies, is not a set of rules of law about contracts, corporations,
and crimes, although such rules will almost always be in some sense a reflection of that tradition.
Rather it is a set of deeply rooted, historically conditioned attitudes about the nature of law, about the
role of law in the society and the polity, about the proper organization and operation of a legal system
and about the way law is or should be made, applied, studied, perfected, and taught. The legal tradition
relates the legal system to the culture of which it is a partial expression. It puts the legal system into
cultural perspective.2
1) The first systematic treatise on English common law was written by William Blackstones (1723-
1780): Commentaries on the Laws of England.
2) It was only at the end of the 16th century when the Roman law began to influence the English legal
system.
1
John Henry Merryman, Rogelie Prez-Permodo, The Civil Law Tradition: An Introduction to the Legal Systems of Europe
and Latin America, Stanford University Press, 2007, p.1.
2
Op.cit., p.2.
3) The civil law and the common law traditions have influenced each other to a certain extent. E.g. the
Romanians have borrowed the trust1; similarly, the concept of condominium2 is created in the civil law
tradition.
Bibliography
1
Trust refers to the property held by one party - the trustee - for the benefit of another - the beneficiary; the party who
supplied the property for the trust is known as the settlor; Romanian translation for trust is fiducia.
2
Condominium refers to the shared sovereignty over a territory by two or more states; Romanian translation: condominiu.
UNIT III - LEGAL PROFESSIONS IN ROMANIA
HOW TO DRAW UP A CV AND A LETTER OF APPLICATION
TIPS FOR AN INTERVIEW
1) According to some practitioners, being a good lawyer is an art. Others consider that a successful
career as a lawyer basically depends on solid theoretical knowledge and a lot of practice. What is your
opinion?
2) A legal profession should be practiced by an honest person. Yet, a large number of lawyers, public
notaries and magistrates are said to be corrupt. How can the next generations of law practitioners be
educated in the spirit of justice?
EXERCISE 2: read the text below and then answer the following questions:
1. Mention the two prosecution systems that exist in Romania and explain their roles.
2. What is the role of the Public Ministry?
3. What are public prosecutors offices? What is their role and what categories of courts are they
attached to?
4. What does the National Anticorruption Directorate and the Directorate for Investigating Crime and
Terrorism deal with?
5. What kind of principles must prosecutors observe in accomplishing their professional tasks?
6. What is one of the roles played by the Supreme Council of Magistracy according to the text given
below?
7. What kind of matters are judges specialized in?
8. Enumerate the four categories of courts that the text mentions?
In Romania a law graduate can have the chance to occupy one of the following positions:
magistrate (prosecutor, judge), lawyer (counsel, litigator), legal advisor, public notary, bailiff (judicial
executor) and clerk.
Below you can find a presentation of each of the above mentioned professions.
Magistrates (judges and prosecutors)
In order to become a magistrate, a Romanian law graduate must pass the admission exam
to the National Institute of Magistracy and graduate the courses of this institute.
Public Prosecutors: In Romania the responsibility of criminal prosecution lies with the Public
Ministry, which is entitled to conduct criminal prosecution and supervise the criminal investigations
carried out by the police. The Public Ministry attempts to deter criminal acts, including organized
crimes, and also files claims before the courts in criminal matters. The powers of the Public Ministry
are discharged through public prosecutors and public prosecutors offices.
Romanian prosecutors can work for the civil prosecution system (responsible for the
investigation and prosecution of offences and crimes committed by civilians) or the military
prosecution system (responsible for the investigation and prosecution of offences and crimes
committed in general by military personnel). According to the Constitution of Romania, the Public
Ministry exercises its powers through prosecutors who are constituted in public prosecutors offices
which are attached to the courts of law. In Romania there are four large categories of courts of law:
courts of first instance, tribunals (including family tribunals, juvenile tribunals and military tribunals),
courts of appeal and the High Court of Cassation and Justice. Besides these courts, one has to mention
the Constitutional Court which has special powers as provided by the fundamental law of the
Romanian State.
The Romanian prosecution system includes two important departments (directorates): the
National Anticorruption Directorate and the Directorate for Investigating Crime and Terrorism.
The former one has special powers related to the investigation and prosecution of corruption cases
(such as, e.g., bribery, influence peddling, blackmail, abuse of power against public interests, fiscal
evasion) and the latter deals with cases of terrorism and organized crime.
The military prosecution system is conducted by the military prosecutors offices, which are
attached to military tribunals.
According to the Constitution of Romania prosecutor are bound to observe the principles of
legality, impartiality and hierarchical control 1. They must observe and protect human dignity and the
fundamental rights of the citizens.
The Constitution of Romania also provides that the Superior Council of Magistracy is
responsible for the promotion, transfer and dismissal of any magistrate, as well as for settling cases of
indiscipline that involve magistrates.
Judges: they play the central role in the judgment of any case for they return the verdict and
pass the sentence. During the judgment of a case judges have to decide whether the evidence is
admissible or inadmissible, they have to hear witnesses, keep order in court and, above all, observe the
law. Their task is to obey the law and adopt fair decisions. In Romania there is no jury to help judges
try a case. Romanian judges are appointed by the President of the state and they are supposed to be
irremovable. However, in order to become a judge a law graduate must pass the admission exam to the
National Institute of Magistracy and successfully graduate the courses of this institute. Afterwards
judges specialize in different matters: civil, criminal, constitutional, commercial, military, intellectual
property, fiscal etc.
The Constitution of Romania sets forth that the Superior Council of Magistracy is responsible
for the promotion, transfer and dismissal of judges (if he/she is accused of indiscipline2).
In Romania there are four levels of jurisdiction, corresponding to the four categories of courts
that exist: courts of first instance, tribunals, courts of appeal (appellate courts) and the High Court of
Cassation and Justice, which is the supreme court of justice. The Constitutional Court plays a very
important role in Romania as a democratic state. Its role is to adjudicate on the constitutionality of
laws, treaties, parliamentary standing orders etc. In other words the Constitutional Court must ensure
that laws which are passed in our country are in conformity with the provisions of the Constitution of
Romania. The High Court of Cassation and Justice is responsible for ensuring a uniform interpretation
and application of the law.
Lawyers: This liberal profession is regulated by Law no. 51/1995. Most of the lawyers pursue
their professional activity in private firms or offices. They play a key role in solving a case for it is
them who represent and defend clients before courts. Citizens who do not afford to pay a lawyer to
represent them in court are granted a lawyer ex officio.
The lawyer's profession is regulated by the National Union of the Romanian Bars (NURB). The
main roles played by this institution are: ensuring the exercise of the right to defence, professional
conduct on the part of its members, as well as protecting the dignity and honour thereof.
Legal advisers: the profession of judicial counsellor is regulated by the Union of the Judicial
Counsellors Colleges in Romania.
Public Notaries: The professional activity pursued by public notaries is regulated by Law
36/1995 on public notaries and notary activity. Romanian public notaries are members of the National
Union of Public Notaries, which safeguards and defends their members professional interests,
reputation and authority. Public notaries provide various legal services: they draw up wills and
contracts, validate the legal value of certain documents (certificates and diplomas) and prepare
documents that are necessary for setting up firms, organizations, foundations etc.
Bailiffs: they are constituted in a professional organization, which is known as The National
Union of the Judicial Executors from Romania and which safeguards its members professional
interests and defends the reputation thereof. The profession of a bailiff is regulated by Law no.
188/2000. Bailiffs pursue their activity in private offices. Their duty is to ensure the enforcement of
judgments, as well as of other writs of execution.
1
See Constitution of Romania: Article 132.
2
See Constitution of Romania: Article 125.
Clerks: the training of clerks is ensured through the National School of Clerks. In Romania
there are different types of clerks: court clerks, research clerks, statistician clerks, IT specialized clerk,
archiving clerk and Registrar clerks.
Read the questions below and then work in pairs simulating a job interview. Students are asked to
select at least 10 questions and to ask their partner to answer them. Then swap roles.
1. Where do you see yourself in five years time / in ten years time as a lawyer / magistrate etc.?
2. What is your main achievement?
3. What are your professional assets?
4. What are your weaknesses?
5. How do you manage your daily programme?
6. What motivating factors are important for you at the workplace?
7. How would you cope with a situation in which your employer did not motivate you?
8. What firms have you worked for so far?
9. Why did you leave your first / second / last job?
10. Have you honed your skills and abilities in the last X years?
11. How can you prove that you are a good team worker?
12. How do you react if you realize that someone you work with does not like / appreciate you?
13. Have you ever undergone such a situation?
14. What would be an ideal work environment for you?
15. What would be the worst work environment for you?
16. Give an example of a situation that you successfully handled.
17. Give an example of a situation that you dealt with inadequately.
18. Why do you think you are fit for this position?
19. Why do you think that this company needs your services?
20. Do you expect to improve your skills and knowledge in this position?
21. What are your salary expectations?
22. What is your present salary?
23. How long do you plan to stay at this company?
24. Can you cope with stress? Give an example of a situation in which you coped even if you were
under stress.
25. Which subjects did you study with interest and pleasure during your undergraduate years?
26. Why do you want to be a litigator / solicitor / public notary?
27. Can you provide any references?
28. Are you ready to work extra hours if necessary?
29. Have you ever done voluntary work?
30. What kind of activities are you interested in outside of work?
31. Are you a sociable person?
32. Do you have managerial skills?
33. Are you a leader or you prefer to be led?
34. What computer programmes can you work with?
35. Have you been offered a position yet?
36. Have you ever worked with foreign clients?
37. What languages can you speak?
1. Salary levels;
2. Notice period;
3. Confirm that you are fit for the advertised position (notary public, litigator, solicitor,
barrister, paralegal, translator, etc.);
4. Professional experience again to fit the job description;
5. Outstanding career results a particular case you have worked on and won.
1. Have you ever written a CV? If yes when and for what position?
2. What information does a CV comprise?
3. What are the main qualities of a well-written CV?
4. What is the role of a letter of application?
EXERCISE 2: read the letter of application (sample 1) and CV (sample 2) given on the next pages
and write a letter of application and a CV for the following job advertisement:
Law firm specialized in civil matters is hiring a trainee lawyer, preferably a recent graduate with
a very good academic record and excellent references from his/her former professors /
collaborators, if the case may be. We provide good working conditions, a motivating salary and
the opportunity to be promoted within a reasonable period of time.
Toma Nicolescu
72 Doamnei St
Bucharest 030052
+40 0721 322 177
(021) 728 6543
[email protected]
Mike Schwartz
Ionescu and Pavel Law Firm
HR Manager
44 Nasaud St.
052064 Bucharest
Dear Sir,
Re: Commercial litigator position, Ref: 726C
I am a qualified litigator in Bucharest with relevant experience in commercial law. I should like to
apply for the position that you advertised on Bestjobs, reference 726C.
My skills and experience in commercial litigations could be an asset to your clients. I have been
working in Bucharest for Ionescu and Partners since 2008 and I have so far worked on several difficult
cases that I managed to settle to the benefit of my clients. I possess excellent drafting skills and am up-
to-date with relevant legislation. I also have a very good academic record, good communication skills
and an outgoing personality.
My professional goal is to develop my expertise, and to work for a law firm that encourages honest
competition for promotion and deals with high-profile clients.
My annual salary level is currently RON 60,000 and I am available to start work at 3 weeks notice to
my current employer.
My interview availability over the next 2 weeks is as follows: on Monday, Tuesday and Wednesday
starting with 5.30 pm and on Thursday and Friday starting with 4.30 pm.
Thank you for considering my application and I look forward to being able to discuss the position with
you further.
Best regards,
Toma Nicolescu
B. EUROPASS CURRICULUM VITAE (SAMPLE 2)
Personal
information
Address(es) 72 Doamnei St
Bucharest 030052
Telephone(s) Home: +40 (021) 728 6543 Mobile: +40 0721 322 177
Fax(es) -
E-mail(s) [email protected]
Nationality Romanian
Work
experience
Name and
Ionescu and Partners
address of
20 Toamnei St Sector 2 Bucharest
employer
Type of
business or Legal / Law Firm
sector
Dates 2006-2008
Occupation or
Trainee Litigator
position held
Main activities Assisting the team of commercial litigators in daily activities, particularly
and in drawing up the documents that were necessary for the settlement of the
responsibilities litigation.
Education
and training
Personal
skills and
competences
Mother
Romanian
tongue(s)
Other
English
language(s)
Self-
Understanding Speaking Writing
assessment
Social skills
Excellent communication skills. Able to integrate well in a team and to
and
maintain harmonious relationships with the staff within the team/firm.
competences
Organisational
Excellent organizational skills: able to set priorities and to meet
skills and
deadlines. Accuracy in writing and preparing documentation.
competences
Computer
Typing speed of sixty (60) WPM. Computer literate in Word, Excel,
skills and
Outlook Express, and Power Point.
competences
Artistic skills
and Playing the guitar
competences
Other skills
Skilled at negotiating with landlords, attorneys, accountants, and other
and
third parties with respect to contractual obligations.
competences
Driving
Group B
licence(s)
Additional
References available upon request.
information
Bibliography
1
http://www.mpublic.ro/presa/2012/c_02_10_2012_4.htm - accessed on 15th October 2012.
On-line bibliography
1) What services do law firms provide? In what areas of law do they pursue their activity?
2) What categories of lawyers do you know? Do you distinguish between American and British terms
used to designate the profession of a lawyer? Do you happen to know terms that are internationally
used to denote the profession of a lawyer?
Firms, as well as law firms, develop a particular form of organizational culture that preserves the values
and principles in which the leadership and employees of the organization believe and which they try to
promote both for their benefit, and for their clients benefit. Do you think that organizational culture is
self-imposed or that it develops naturally?
EXERCISE 1: match the following terms and phrases with their definitions:
1) wage disputes a) documents that an inventor submits as a proof and a request that he
/ she is the sole owner of an inventions patent
2) VAT b) is necessary when a husband and a wife decide to divorce and to
divide their matrimonial goods
3) double taxation c) wrongful dismissal (termination of an employment contract that
infringes the terms provided in it)
4) partition by court d) documents that a producer submits as a proof and a request that he
/ she is the sole owner of a trademark
5) wrongful termination e) conflicts between an employer and his employee(s) concerning the
payment of wages (e.g. overtime is not paid or is not paid according
to the employment contract)
6) patent application f) occurs when a country levies tax on income that was taxed before
in the same country or abroad (e.g. the profits of a company are taxed
and then the salaries of the employees are taxed again)
7) trademark registration g) the land and all the immovable assets on it
8) protection of brands h) the internal rules according to which a company functions
9) real estate i) articles of incorporation
10) foreclosure j) is meant to protect a companys products against counterfeiting
11) by-laws k) indirect tax levied on domestic consumption of goods and services
12) memorandum of l) a legal process whereby a lender forecloses a borrowers right of
association redeeming his mortgaged property. This process implies the forced
sale of the mortgaged property to cover payment of the loan.
13) the registrar of m) loss of ownership right
companies
14) stockholders n) records details of the existing firms and controls the formation of
new companies
15) forfeiture o) an individual or a group of persons or an organization that owns
shares in a company; a synonym for this term is shareholder
EXERCISE 2: read the text below and then answer the following questions:
1) What services do law firms offer to their clients? What areas of law do they offer these services in?
2) What is a sole practitioner?
3) What is the difference between a full partner and a non-equity partner?
4) What is a litigator? Could you indicate other synonyms for this term?
5) What is a paralegal?
6) What differences can you identify between a barrister and a solicitor?
7) What does the phrase Queens Counsel designate?
8) What does a personal injury attorney do? What about a bankruptcy attorney?
LAW FIRMS
Law firms offer a wide range of services to their clients (both national and international
individuals and organizations) in various areas: labour law (employment contracts, cases of wrongful
termination, overtime disputes, wage disputes, discrimination against employees based on age, religion,
sex, ethnical origin), insolvency law, family law (divorce cases, child custody, visitation rights,
partitions by court, child adoptions, inheritance procedure, legal regime of matrimonial goods),
criminal law, corporate & commercial law (incorporations of companies, drawing up commercial
contracts, avoiding double taxation, advice as regards the domestic tax system), intellectual property
law (patent applications, trademark registration, protection of brands, unauthorized use of mark by third
parties etc.), litigations, debt collection, real estate (foreclosures, drawing up sales contracts) etc.
Law firms provide:
- professional solutions in private and public law cases;
- consultancy to foreign investors who want to set up a business in Romania; consultancy is provided
for: starting up a business, preparing documentation for company formation (articles of incorporation /
memorandum of association, drafting the by-laws of the company), making investments, and dealing
with incorporating procedures, opening branches, including public companies;
- legal counselling in different commercial and financial matters;
- representation of clients before Romanian Courts of law.
Due to the economic crisis, debt collection is one of the most frequent activities in which a law
firm is involved. Thus, many law firms provide efficient mechanisms for debt recovery: drafting
notices, the procedure of summoning payments, forced execution procedures, etc.
Sole practitioners: some lawyers prefer to organize themselves as sole practitioners. The most
substantial advantage to being a sole practitioner is the fact that he / she enjoys the entire profit of the
business and is responsible for the day-to-day management of the firm.
Other lawyers set up law firms in which there are senior partners (equity partners and non-
equity partners), associates. Law firms hire practitioners, as well as paralegals (a paralegal is a lawyers
assistant, not a practitioner in law, but trained to achieve specific legal tasks), and secretaries.
Partners in a law firm are promoted from the position of associates. There are different types
of partners. One can talk about:
General Partner / full partner: is an owner of a partnership and has unlimited liability. A
general partner is involved in the day-to-day management.
Equity partner: is a member in a partnership and is entitled to a share in the firm profits.
Non-equity partner: an employee who does not have a share in the profits of the firm.
Types of lawyers
Students in law who are non-native speakers of English find it confusing when finding a large
number of terms used to refer to the profession of a lawyer: counsel, litigator, barrister, solicitor,
Queens Counsel, attorney. However, the most common term used to refer to this profession is lawyer.
Some of the terms mentioned above are specific for USA and some for UK, while others are
internationally used. On the other hand, many terms used for defining the profession of a lawyer are
influenced by the areas in which lawyers specialize themselves.
Barristers and solicitors (BE)
In England, Wales, Canada, New Zealand, & Australia there are two distinct categories of
lawyers: barristers and solicitors.
A barrister is a member of the Bar and he / she usually pleads in court. After graduation the
barrister must work with a practicing barrister for a one year (this period is known as the
pupillage).
A solicitor is a member of the Law Society. Before becoming a practicing solicitor he is
required to work with an experienced solicitor for two years. Solicitors in general do not appear
in court for they have limited rights to practice before the courts; they "instruct" a barrister (i.e.
to offer him/her any information or documents that are necessary in the case and that are usually
known as the brief) so that the former could represent the solicitors client.
Queens Counsel (UK, Canada)
In the UK this term is used for a barrister with at least 10 years professional experience who is
bestowed the honour to occupy the highest position in the professional career of a lawyer. QCs wear a
special silk gown in court (hence the name of the process whereby they are named QC, i.e. taking the
silk). All barristers who intend to become QCs are asked to apply for this position and to undergo a
complex process of selection (involving checks of professional conduct, references from judges, other
practitioners and clients, interview); if they are successful then they are invited to attend the QC
appointment ceremony.
A litigator is specialized in criminal or civil litigation. A litigator represents his client
(plaintiff/defendant, also known as litigants) in court. He is often assisted by a paralegal.
Synonyms for litigator: trial lawyer, trial attorney, trial advocate.
Attorneys (USA): in the USA the term used to refer to a lawyers profession is attorney
(attorney-at-law). Depending on the areas in which they are specialized, attorneys are of
different types: family law attorneys (specialized in family law), estate attorneys (deal with
estate planning, draft wills), criminal defence attorneys (represent those accused of a crime: be
it a misdemeanour or a felony), personal injury attorneys (deal with workers' compensation,
exposure to hazardous materials, such as asbestos, injuries provoked by a faulty product, etc.),
business attorneys (help to run a business, draft legal contracts, advise businessmen on the legal
aspects involved by their enterprise), bankruptcy attorneys (help their clients file for
bankruptcy).
Lawyer ex officio / duty solicitor / duty counsel: If you are brought before the court and you
do not afford to pay for a counsel to represent you, you can use the services of an ex officio
lawyer (also known as duty solicitor).
A) For the next seminar students are asked to choose a real Romanian / foreign law firm and
present its services, departments and, if possible, the organization chart.
Below you can find an example of an organization chart in a potential law firm on the
Romanian market.
Management
committee
Senior partners
B) CLOZE TEST
Insert a single word in the gaps below so that the sentence has sense and is grammatically correct.
Missing words are prepositions, pronouns and articles.
Sleeping beauty
This phrase is used with reference (1) any company that is said to be "sleeping;" i.e., a company
(2) is fit for takeover. A new company can be considered (3) sleeping beauty if (4) has great
potential for development and investments, which was, however, not noticed by the other businessmen;
sometimes the phrase sleeping beauty refers (5) companies which were badly managed and which
did not reach (6) full potential.
Due diligence
This phrase is basically used with two meanings: 1) it defines (7) financial investigation or the audit
of (8) investment. Due diligence is necessary whenever a company intends to make an acquisition or
a merger or a takeover; 2) due diligence also defines the degree (9) care and caution that an
organization or an individual should take (10) concluding an agreement with another organization /
individual / party.
Bibliography
Jonathan Law, Elizabeth A. Martin, A Dictionary of Law, Oxford: Oxford University Press,
2009
Laura Empson, Managing the Modern Law Firm, Oxford: Oxford University Press, 2007
Studies in Law, Politics, and Society, vol. 52, Special Issue: Law Firms, Legal Culture, and
Legal Practice, edited by Austin Sarat, Bingley: Emerald Books, 2010
UNIT V COMMON LEGAL DOCUMENTS
1) Can you give examples of documents that lawyers usually draw up?
2) Can you give examples of documents that judges and prosecutors usually draw up?
Punctuation marks are of crucial importance in any text. For public notaries, lawyers,
prosecutors, and judges punctuation marks are fundamental in understanding the accurate meaning of a
written text.
! Anyone who has a legal profession must avoid misusing a comma because this can be confusing,
embarrassing or misleading.
The final comma used before and is known as the Oxford comma or the serial comma. There are writers and publishers
who do not use it. However, serial comma is used in Oxford Dictionaries.
Compare:
E.g.: We avoid undependable suppliers like you, in our opinion mutual trust is crucial.
E.g.: We avoid undependable suppliers, like you, in our opinion mutual trust is crucial.
The Constitutional Court shall be the guarantor for the supremacy of the Constitution.
[ ] THE DASH can separate a comment from the rest of the sentence:
Probably you think he is one of the accomplices to this crime well, he isnt.
( ) ROUND BRACKETS OR PARENTHESES usually separate extra information from the rest of a
sentence:
E.g.: The Superior Council of Magistracy has two sections: one for judges (made up of 9 judges) and
one for prosecutors (made up of 5 prosecutors).
[ ] SQUARE BRACKETS can enclose editorial comments or information that the editor regards as
essential for understanding a text properly.
E.g.: After giving the asked details he [the witness] refused to talk about his accomplice.
Insert the punctuation marks that are missing in the following text:
POWER OF ATTORNEY1
BE IT KNOWN that I Ana Goma the undersigned Grantor1, resident of (Street Address) 145
Academiei Street City of Bucharest County of -., do hereby appoint Marius Cosma, a resident(s)
1
Power of attorney = procur.
of 46 Mihai Viteazul Street City of Brasov County of Brasov, as my lawful attorney-in-fact2, granting
him full and unlimited power as well as the authority to perform any act / thing which he may consider
necessary and in compliance with all intents and purposes of the Grantor if I the latter could do if
personally present; the attorney in fact fully enjoys power of substitution and I commit to ratify or
confirm anything that my appointee does by virtue of this power of attorney.
Dated this 23rd day of June, 2013, I hereby agree to accept the appointment as Attorney-in-fact,
pursuant to the foregoing Power of Attorney.
.
Appointee's Signature
IN WITNESS WHEREOF I / WE have hereunto set my hand and seal this 23rd day of June, 2013.
..
Grantors Signature
..
Notary Public - Print or type name
Match the terms and phrases on the left to their definitions on the right:
1
Grantor = mandant.
2
Attorney-in-fact = mandatar.
3
Forced heirs = mostenitori rezervatari.
4
Nuncupative will = testament nuncupativ (sau testament verbal; aceast form de testament este lovit de nulitate
absolut).
5
Residuary legatee = legatar cu titlu universal.
IV. DEVELOPING TRANSLATION SKILLS
EXERCISE 1: translate the following testament into English and insert the missing punctuation
marks where necessary:
Testament
TESTATOR3
1
English = forced heirs.
2
English = executor / executor of will.
3
English = testator (masc.); testatrix (fem.). The feminine form is considered obsolete and the term testator is preferred for
both genres.
EXERCISE 2: translate the following contract into Romanian and insert the missing punctuation
marks where necessary:
The present contract is concluded today 20th October 2013 by and between International IT Solutions
(hereinafter referred to as the Seller) having the premises at 2 M. Eminescu Street, sector 2 Bucharest
and Ionescu and the Associates (hereinafter referred to as the Buyer) having the premises at 10 Polona
Street sector 2 Bucharest for the purchase of the following goods
Clause 1:
This contract shall come into force on 20th October 2013 and shall end on the date when the 3 above
specified laptops are delivered by the Seller the two parties to the present contract have agreed to have
the products delivered on 25th October 2013. In case the Buyer is in arrears with payment the Seller is
entitled to cancel the present Contract and take legal action for damages while also seeking to oblige
the Buyer pay the counsel fees.
Clause 2:
If the purchased goods are lost or damaged, the Seller shall cover the damage caused to the three
purchased goods due to the Sellers negligence. Furthermore the Buyer has the obligation to inspect the
ordered goods upon receipt and to inform the Seller about any claim for damages related to the quality
or condition of the delivered goods within 48 hours after the delivery was made.
Clause 3:
The Buyer shall pay for the purchased goods within two weeks after they are delivered. In case the
invoice is overdue the buyer will have to pay penalties of 3% / day for the total costs implied by this
transaction.
Clause 4:
Warranty is offered for the purchased goods for 2 years. The Seller shall sell only new goods which are
in perfect condition. However if any technical problem prevents the delivered goods from properly
functioning and the Buyer is not to blame for this flaw, the Seller shall replace the delivered product
with another one or repair the existing problem.
Clause 5:
Sales taxes shall be paid by the Buyer.
Clause 6:
Any potential litigation shall be settled in an amiable way and if this is not possible then each party
may take legal action against the other one for seeking redress.
Clause 7:
In case of circumstances that are beyond its control (such as force majeure events), the Seller may
postpone the delivery of the purchased goods on condition that he notifies the Buyer in writing for
establishing another delivery date.
Clause 8:
The present contract contains the entire agreement between the two parties and it is binding upon them
or their representatives. Any subsequent modification to this contract may be made only with both
parties consent, in writing and by signing it in order to indicate agreement with it.
Seller Buyer
Recommended bibliography
On-line bibliography
1) What fundamental human rights and freedoms are provided by the Romanian Constitution?
2) How are these rights and freedoms protected?
3) What can a citizen do when he/she considers that his/her fundamental rights were aggrieved by
public authorities?
1) Imagine the following situation: a Romanian citizen must pay a high land tax due to an error made
by the town hall, which included the owners land into the B instead of the D area, hence the higher tax
imposed on him. What legal measures can the land owner take?
2) The Romanian Ombudsman (Advocate of the People) is entitled to notify the Constitutional Court as
regards the unconstitutionality of laws and ordinances. Why is this aspect essential in a democratic
state?
EXERCISE 2: fill in the gaps with the following terms: natural persons' rights and freedoms;
appointed; powers; binding; thereof; aggrieved; rights and freedoms; organic; offices.
ARTICLE 58
(1) The Advocate of the People shall be (i) for a term of office of 5 years, in order to defend the
(ii). The Advocate of the People's deputies shall be specialized per fields of activity.
(2) The Advocate of the People and his/her deputies shall not perform any other public or private
(iii), except for teaching positions in higher education.
(3) The organization and functioning of the Advocate of the People institution shall be regulated by an
(iv) law.1
ARTICLE 59
(1) The Advocate of the People shall exercise his (v) ex officio or at the request of persons (vi)
in their rights and freedoms, within the limits established by law.
(2) It is (vii) upon the public authorities to give the Advocate of the People the necessary support in
the exercise of his powers.2
ARTICLE 60
The Advocate of the People shall report before the two Parliament Chambers, annually or at the
request (viii). The reports my contain recommendations on legislation or measures of any other
nature for the defence of the citizens' (ix).3
EXERCISE 3
A. Read the following texts (TEXT I below and TEXT II included in section B. on the next page) and
then answer the following questions:
TEXT I
This institution was established in Sweden (1809), where it is known as the Ombudsman (a
term used internationally at present), and it was gradually set up in a large number of countries,
including Romania (1997), after the Constitution of 1991 stipulated its setting up.
The Romanian Constitution sets forth the term of office for the Advocate of the People, i.e. 5
years. The organization of the Advocate of the People, as well as its functioning, are stipulated in the
organic law enacted for this purpose. The office of the Advocate of the People is incompatible with any
other public or private offices apart from a teaching position in the higher education system.
The role of this institution is to intervene in case a citizens constitutional rights and freedoms
are aggrieved by the public authorities of the Romanian State. The Advocate of the People may
1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c4s0a58 - accessed on 20th July 2013.
2
Idem.
3
Idem.
intervene ex officio or it may be notified by any person whose rights and freedoms were aggrieved by
Romanian authorities.
(The above summary is based on The Romanian Constitution, 2003, Articles 58, 59, 60)
B. Explain the bolded words in the second text. If necessary, use a dictionary to translate them:
TEXT II
Although the ombudsman in its contemporary form dates back to the Swedish ombudsman of
1809, the institution only began to spread outside Scandinavia starting in the 1960s. The ombudsman is
a public sector institution, preferably established by the legislative branch of government, to supervise
the administrative activities of the executive branch. The ombudsman receives and investigates
impartially complaints from the public concerning the conduct of government administration. The
traditional ombudsman model that has proved most popular is based on the offices established in the
western Scandinavian countries of Denmark and Norway, which do not have the power to investigate
the judiciary or prosecute officials. The general objectives of the ombudsman are the improvement of
the performance of the public administration and the enhancement of government accountability to
the public. // Most ombudsman offices have been established in states with democratic forms of
government. In such a government the ombudsman operates as another check on the power of the
executive/administrative branch, in addition to the controls exercised by the legislature, the courts and
other public sector institutions. Functioning as a complement or supplement to courts and
administrative tribunals, some advantages of the ombudsman relative to other public sector dispute
resolution mechanisms are its informality, speed and accessibility. One element of its accessibility is
that use of the institution is free of charge to complainants.
The ombudsman is a mechanism which enhances transparency in government and democratic
accountability, with the result that it assists in building good governance in a state. Also, some
ombudsman institutions are hybrids. One variation is the human rights ombudsman which has both
administrative oversight and human rights protection functions. With other variations, ombudsmen
may be given mandates including anti-corruption, leadership code enforcement and / or environmental
protection functions. Further, even the classical ombudsman can and does resolve some complaints
with human rights aspects. Thus, both classical and human rights ombudsman institutions play roles in
domestic human rights protection and promotion. The human rights norms involved may be derived
from the international human rights obligations of the state concerned, with the result that the
ombudsman acts as a domestic non-judicial institution for the implementation of international human
rights law. // The definition quoted by the author of the book for classical ombudsman is <<an office
provided for the constitution or by action of the legislature or parliament and headed by an
independent, high-level public official who is responsible to the legislature or parliament, who receives
complaints from aggrieved persons against government agencies, officials, and employees or who acts
on his own motion and who has the power to investigate, recommend corrective action and issue
reports. >>1
1
Linda C. Reif, The Ombudsman, Good Governance and the International Human Rights System, Martinus Nijhoff
Publishers: Netherlands, 2004, p. 1-3.
C. Give synonyms to the bolded words in the following texts:
C.1: Officials with duties similar to those of the modern ombudsman have been seen in
different cultures throughout history. However, the modern roots of the ombudsman are found in the
Swedish justitieombudsman (ombudsman for justice) established in 1809.
After a military defeat by Russia in 1709, the Swedish king, Charles XII, fled to Turkey for
some years. As a result of the long absence of the monarch, the administration in Sweden deteriorated.
In 1713 the king appointed a representative to monitor the conduct of the Swedish administration and
judiciary and named the official Justitiekanslern (Chancellor of Justice) in 1719. If a violation of the
law or other misconduct was discovered, the Justitiekanslern was empowered to commence legal
proceedings against the recalcitrant official. This was and still is an executive appointment, as the
Chancellor of Justice continues to exist as <<the governments ombudsman>>. However, between
1766 and 1772, the Estates (Riksdag of parliament) took over the function of electing the Chancellor of
Justice, with the monarch regaining this power in 1772. After it was deposed in 1809, a new
Constitution was adopted which divided power between the crown and the parliament, giving the latter
the ability to place some checks on the exercise of executive power. The Constitution of 1809 included
a novel institution the justitie ombudsman appointed by parliament with the powers to supervise the
public administration and judiciary and to prosecute those who failed to fulfil their official duties. As
the institution evolved, it changed from being a purely legislative monitor to a public complaint driven
process.1
The European Ombudsman is an independent and impartial body that holds the EU
administration to account. The Ombudsman investigates complaints about maladministration in EU
institutions, bodies, offices, and agencies. Only the Court of Justice of the European Union, acting in its
judicial capacity, falls outside the Ombudsman's mandate. The Ombudsman may find
maladministration if an institution fails to respect fundamental rights, legal rules or principles, or the
principles of good administration.
This covers administrative irregularities, unfairness, discrimination, abuse of power, failure to
reply, refusal of information, and unnecessary delay, for example. Any citizen or resident of the EU, or
business, association, or other body with a registered office in the EU, can lodge a complaint. You
need not be individually affected by the maladministration to complain. Please note that the European
Ombudsman can only deal with complaints concerning the EU administration and not with complaints
about national, regional, or local administrations, even when the complaints concern EU matters.
What does the European Ombudsman not do?
The Ombudsman cannot investigate:
complaints against national, regional, or local authorities in the EU Member States, even when
the complaints are related to EU matters;
the activities of national courts or ombudsmen;
2
complaints against businesses or private individuals.
1
Linda C. Reif, op.cit., p. 4-5.
2
http://www.ombudsman.europa.eu/en/atyourservice/whocanhelpyou.faces#/page/3 - accessed on December 3rd 2012.
IV. DEVELOPING TRANSLATION SKILLS
Translate into English:
Helpful vocabulary:
- nclcri ale drepturilor omului = violations of human rights
- abuz svrit de procurori = abuse committed by prosecutors
- locul de detenie = confinement place / detention place
- sesizat = notified
- n temeiul art. 18 = under Article 18
- Legea nr. 35/1997 privind organizarea i funcionarea instituiei Avocatul Poporului = Law no.
35/1997 on the organization and functioning of the Advocate of the People Institution
- a fi supus ateniei Procurorului General al Parchetului de pe lng nalta Curte de Casaie i Justiie =
to be brought to the attention of the General Prosecutor of the Public Prosecutors Office attached to
the High Court of Cassation and Justice
- dispoziiile legale aplicabile n materie = legal provisions applicable in the matter
- petent = petitioner
- neacordarea consilierii psihologice = lack of psychological advice
- serviciul special de intervenie = special intervention service
- s-a efectuat o anchet = an inquiry had been made
1
http://www.avp.ro/index.php?option=com_content&view=article&id=54&Itemid=58&lang=ro - accessed on December 3rd
2012.
- arestat preventiv ntr-un Centru de Reinere i Arestare Preventiv = preventively detained in a Centre
for Detention and Apprehension
- Direcia General de Poliie a Municipiului Bucureti = the General Police Directorate of the
Bucharest Municipality
- escortat = transported.
Bibliography
Online bibliography
1) Should habitual offenders be allowed to vote? Bring arguments for your answers.
2) Would it be appropriate to lower the age of voting from 18 to 16 in Romania? What about other
European countries? Bring arguments to support your answers.
A.
1. Enumerate the bureaus and committees set up in the Romanian Parliament and then translate their
names into Romanian.
2. What is the term of office for senators and deputies in Romania? Can their terms be prolonged? If
yes, under what conditions?
3. How is the number of MPs established in the Romanian Parliament?
4. How many parliamentary sessions are there and when are they generally held?
5. May Romanian MPs be investigated or prosecuted? If yes, under what conditions? Who can
investigate a case in which a deputy/senator is supposed to be guilty of having committed a crime?
6. What court of justice has jurisdiction to try a case in which a deputy/senator is involved?
In our country, the legislative is represented by the Romanian Parliament, which is composed of
two chambers: the Chamber of Deputies (the Lower House) and the Senate (the Upper House) and is
the sole law-making body in our country. Thus, the Parliament is entitled to enact, repeal and alter laws
according to the provisions of the law.
Deputies and Senators are elected for a term of four years by free, equal, direct, secret and
universal suffrage. The term of office that senators and deputies have may be prolonged in case of war,
emergency or mobilization. The organization of elections is laid down in the electoral law. The number
of deputies and senators is proportional to the Romanian population.
In Romania there are two parliamentary ordinary sessions: the first one lasts from February
until June and the second one from September until December. Extraordinary sessions may be
organized at the request of the President of Romania or the Standing Bureau of each Chamber or at the
request of at least a third of the number of Senators or Deputies.
The organization and functioning of the Romanian law-making body are set forth in its
Standing Orders. Thus, each Chamber has its own Standing Bureau and Standing Committees. They
may set up inquiry committees, joint committees or other special committees.
Deputies and Senators may be criminally investigated or prosecuted for any acts which are not
in connection with their political orientation or their votes. However, senators and deputies may be
searched, detained or arrested only with the approval of their Chamber and only after they are heard.
The Public Prosecutor's Office attached to the High Court of Cassation and Justice is entitled to
investigate the case and prosecute the senator or deputy held accountable for committing an offence. If
the Chamber expresses its consent for the MP to be tried, the jurisdiction over the case lies with the
High Court of Cassation and Justice.
EXERCISE 3: fill in the gaps in the text below with the following words: bills or legislative
proposals; shall be held; are entitled to; under; fail; suffrage; sole; term of office; upon convening;
undergo.
ARTICLE 61:
(1) Parliament is the supreme representative body of the Romanian people and the (a) legislative
authority of the country.
(2) Parliament consists of the Chamber of Deputies and the Senate.1
1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c1s1a61 - accessed on 20th July 2013.
ARTICLE 62
(1) The Chamber of Deputies and the Senate shall be elected by universal, equal, direct, secret and free
(b), in accordance with the electoral law.
(2) Organizations of citizens belonging to national minorities, which (c) to obtain the number of
votes for representation in Parliament, have the right to one Deputy seat each, (d) the terms of the
electoral law. Citizens of a national minority (e) be represented by one organization only.
(3) The number of Deputies and Senators shall be established by the electoral law, in proportion to the
population of Romania.1
ARTICLE 63
(1) The Chamber of Deputies and the Senate shall be elected for a (f) of 4 years, which may be
extended de jure in the event of a mobilization, war, siege, or emergency, until such event has ceased to
exist.
(2) Elections to the Chamber of Deputies and the Senate (g) within three months at the most of the
expiry of the term of office or the Parliament dissolution.
(3) The newly elected Parliament shall meet (h) by the President of Romania, within twenty days of
the elections.
(4) The Chambers' term of office shall be prolonged until the new Parliament legally meets. During this
period, the Constitution shall not (i) any revision, nor shall any organic laws be passed, amended or
repealed.
(5) (j) entered on the agenda of the preceding Parliament shall be carried over in the session of the
new Parliament.2 (Constitution of Romania, 2003)
The fragments included below are based on the provisions of the Romanian Constitution
(2003). After reading the fragments given in the charts on the next page (in which English and
Romanian excerpts are organized as parallel texts), translate the following sentences:
1. Parlamentul Romniei este bicameral. Cele dou Camere ale Parlamentului Romniei sunt: Senatul
i Camera Deputailor.
2. Cele dou camere parlamentare se ntrunesc n sesiuni ordinare i extraordinare. Sesiunile ordinare
se in din februarie pn la 1 iulie i din septembrie pn la sfritul lui decembrie.
3. Sesiunile extraordinare se in la cererea Preedintelui rii sau a birourilor permanente ale camerelor
sau la solicitarea a minimum o treime din senatori i deputai.
4. Reinerea, percheziionarea sau arestarea unui membru al Parlamentului se pot face doar cu acordul
camerei din care acesta face parte.
5. Membrii Parlamentului pot fi urmrii penal sau trimii n judecat penal numai de ctre Parchetul
de pe lng nalta Curte de Casaie i Justiie. n cazul n care un membru al Parlamentului este trimis
n judecat penal, jurisdicia pentru soluionarea cauzei respective i revine naltei Curi de Casaie i
Justiie.
ARTICLE 66 ARTICOLUL 66
(1) The Chamber of Deputies and the Senate (1) Camera Deputailor i Senatul se ntrunesc
shall meet in two ordinary sessions every year. n dou sesiuni ordinare pe an. Prima sesiune
1
Idem.
2
Idem.
The first session begins in February and is due ncepe n luna februarie i nu poate depi
to last by the end of June at the latest. The sfritul lunii iunie. A doua sesiune ncepe n
second session begins in September and is due luna septembrie i nu poate depi sfritul
to last by the end of December at the latest. lunii decembrie.
(2) The Chamber of Deputies and the Senate (2) Camera Deputailor i Senatul se ntrunesc
may also meet in extraordinary sessions, at the i n sesiuni extraordinare, la cererea
request of the President of Romania, the Preedintelui Romniei, a biroului permanent
Standing Bureau of each Chamber or of at least al fiecrei Camere ori a cel puin o treime din
one third of the number of Deputies or numrul deputailor sau al senatorilor.
Senators. (3) Convocarea Camerelor se face de
(3) Each Chamber shall be convened by its preedinii acestora.2
president.1
ARTICLE 72 ARTICOLUL 72
(1) No Deputy or Senator shall be held (1) Deputaii i senatorii nu pot fi trai la
judicially accountable for the votes cast or the rspundere juridic pentru voturile sau pentru
political opinions expressed while exercising opiniile politice exprimate n exercitarea
their office. mandatului.
(2) The Deputies and Senators may be subject (2) Deputaii i senatorii pot fi urmrii i
to criminal investigation, or criminally trimii n judecat penal pentru fapte care nu
prosecuted for acts that are not connected with au legtur cu voturile sau cu opiniile politice
their votes or their political opinions expressed exprimate n exercitarea mandatului, dar nu pot
in the exercise of their office, but shall not be fi percheziionai, reinui sau arestai fr
searched, detained or arrested without the ncuviinarea Camerei din care fac parte, dup
consent of the Chamber they belong to, after ascultarea lor. Urmrirea i trimiterea n
being heard. The investigation and prosecution judecat penal se pot face numai de ctre
shall only be carried out by the Public Parchetul de pe lng nalta Curte de Casaie i
Prosecutor's Office attached to the High Court Justiie. Competena de judecat aparine
of Cassation and Justice. The High Court of naltei Curi de Casaie i Justiie.
Cassation and Justice shall have jurisdiction
over this case. (3) n caz de infraciune flagrant, deputaii sau
(3) If caught in the act, Deputies or Senators senatorii pot fi reinui i supui percheziiei.
may be detained and searched. The Minister of Ministrul justiiei l va informa nentrziat pe
Justice shall inform without delay the president preedintele Camerei asupra reinerii i a
of the Chamber in question on the detainment percheziiei. n cazul n care Camera sesizat
and search. If, after being notified, the constat c nu exist temei pentru reinere, va
Chamber in question finds there are no grounds dispune imediat revocarea acestei msuri.4
for the detainment, it shall order the annulment
of such a measure at once.3
1
Idem.
2
Idem.
3
Idem.
4
Idem.
IV. DEVELOPING WRITING SKILLS
Use the fragments given above and make a straightforward summary of each article (66, 72).
Suggested steps to be taken:
- first of all underline the key legal terms in the text;
- write down any new word or expression by simply reading the two articles in parallel, i.e. both in
English and in Romanian;
- try to paraphrase every idea that you find relevant in the two articles;
- write down your ideas and try to present them orally at the next seminar.
Bibliography
Online bibliography
1) In the USA the President is also the head of the government, whereas in most democracies a Prime
Minister performs this function. How is it more efficient to govern the state?
2) In the UK, the Prime Minister and the members of the House of Commons (also known as the
Commoners) form the Cabinet of Ministers, while no lords are entitled to be a part of the executive.
Why do you think that the executive power lies with the commoners and not with the lords?
EXERCISE 1: match the words on the left with their definitions on the right:
A.
1. What is the executive power represented by?
2. What is a governing programme?
3. What is a policy?
4. Who appoints the Government in Romania?
5. What is the role of the Government in the Romanian state?
6. What is a substantiation note?
7. What is the role of the Official Gazette of Romania?
In our country the executive power is represented by the Romanian Government, i.e. by the
Prime Minister and the Cabinet of Ministers, simply known as the Cabinet. The President of Romania
appoints the Government and the Parliament must grant a vote of confidence to the newly appointed
representatives of the executive power.
Each government comes with a governing programme that is applied through a set of policies
(economic, educational, agricultural, environmental, financial etc.) which are considered fit for the
good administration of the state. The Government is responsible for ensuring the achievement of
Romanias domestic and foreign policy.
The organization and functioning of the Government are set forth by the Constitution and must
comply with the Government program approved by Parliament.
Besides administering the states domestic and foreign affairs, the Government also adopts
decisions and ordinances. Once adopted decisions and ordinances are signed by the Prime Minister and
countersigned by the Ministers who are assigned to implement them. Finally, decisions and ordinances
are published in the Official Gazette of Romania.
The Government may initiate legislation (draft legislative acts) after drawing up substantiation
notes (= note de fundamentare), which present and motivate proposed decisions and ordinances.
EXERCISE 3: fill in the gaps with the following words / phrases: bodies, debated upon, organic law,
ensure, exercise, seek, designate:
ARTICLE 102
(1) The Government shall, in accordance with its government programme accepted by Parliament,
(a) the implementation of the domestic and foreign policy of the country, and exercise the general
management of public administration.
(2) In the (b) of its powers, the Government shall co-operate with the social (c) concerned.
(3) The Government consists of the Prime Minister, Ministers, and other members as established by an
... (d).1
ARTICLE 103
(1) The President of Romania shall (e) a candidate to the office of Prime Minister, as a result of his
consultation with the party which has obtained absolute majority in Parliament, or -unless such
majority exists - with the parties represented in Parliament.
1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c3s0a102 - accessed on 5th November 2012.
(2) The candidate to the office of Prime Minister shall, within ten days of his designation, (f) the
vote of confidence of Parliament upon the programme and complete list of the Government.
(3) The programme and list of the Government shall be (g) by the Chamber of Deputies and the
Senate, in joint sitting. Parliament shall grant confidence to the Government by a majority vote of the
Deputies and Senators.1
After reading the fragments given in the charts below (which are quoted from the Romanian
Constitution, 2003), translate the following sentences:
(1) Guvernul adopt hotrri i ordonane. (1) The Government shall adopt decisions and
(2) Hotrrile se emit pentru organizarea ordinances.
executrii legilor. (2) Decisions shall be issued to organize the
(3) Ordonanele se emit n temeiul unei legi execution of laws.
speciale de abilitare, n limitele i n condiiile (3) Ordinances shall be issued under a special
prevzute de aceasta. enabling law, within the limits and in
1
Idem.
(4) Hotrrile i ordonanele adoptate de conformity with the provisions thereof.
Guvern se semneaz de primul-ministru, se (4) Decisions and ordinances adopted by the
contrasemneaz de minitrii care au obligaia Government shall be signed by the Prime
punerii lor n executare i se public n Minister, countersigned by the Ministers who
Monitorul Oficial al Romniei. Nepublicarea are bound to carry them into execution, and
atrage inexistena hotrrii sau a ordonanei. shall be published in the Official Gazette of
Hotrrile care au caracter militar se comunic Romania. Non-publishing entails non-
numai instituiilor interesate. existence of a decision or ordinance. Decisions
of a military character shall be conveyed only
to the institutions concerned.1
Using the information comprised by Articles 77, 80, 81, 85, 92 and 94 of the Romanian
Constitution (2003) try to present the duties of the Romanian President in governing the Romanian
State, his relation to the Government, as well as the powers he is vested with.
Bibliography
Online bibliography
1
Constitution of Romania, 2003: http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th July 2013.
UNIT IV - THE ROMANIAN JUDICIARY
1) In Romania the separation and balance of powers are provided by the Constitution from the very
first article. Can you define the two principles which are fundamental for the rule of law?
2) What can a Romanian citizen do if he considers that a court of law from our country aggrieved his /
her fundamental rights and freedoms when settling the litigation in which he / she was involved?
EXERCISE 1: match the words on the left with their definitions on the right:
1) irremovable a) lawyer
2) judge b) this person sees that a forced execution is applied
3) prosecutor c) which cannot be removed from office outside a special
procedure
4) counsel d) this person delivers judgments in a trial / lawsuit
5) bailiff e) this person is responsible with collecting evidence that can
be used in a trial for prosecuting a criminal (an offender)
6) cassation f) refers to the competence of a judge to solve certain causes
7) Public Prosecutors Office g) the powers of this Ministry are discharged through public
prosecutors
8) Public Ministry h) these offices are entitled to conduct and supervise criminal
investigation activities
9) jurisdiction i)) the act of quashing a former judicial decision
10) appointment proposals j) a special procedure (rule) according to which cases are
judged
11) subject to the law k) a public position
12) under the terms of the law l) suggestions made for appointment in a certain position
13) judging procedure m) this phrase means that a person / decision must comply
with the law
14) public office n) according to the law (in accordance with the law / in
conformity with the law)
EXERCISE 3: complete the following table with as many words as possible (paying attention to the
indicated part of speech):
cassation - cassate
constitution - constitute unconstitutional constitutionally
administration administrator administrate administrative administratively
EXERCISE 4: fill in the gaps with the following words / phrases: the High Court of Cassation and
Justice, incompatible, jurisdiction, provide, appointment proposals, irremovable, impartial, rendered,
subject only to the law:
ARTICLE 124
(1) Justice shall be (a) in the name of the law.
(2) Justice shall be one, (b), and equal for all.
(3) Judges shall be independent and (c).1
ARTICLE 125
(1) The judges appointed by the President of Romania shall be (d), according to the law.
(2) The (e), as well as the promotion, transfer of, and sanctions against judges shall only be within
the competence of the Superior Council of Magistracy, under the terms of its organic law.
(3) The office of a judge shall be (f) with any other public or private office, except for academic
activities.2
ARTICLE 126
(1) Justice shall be administered by (g), and the other courts of law set up by the law.
(2) The (h) of the courts of law and the judging procedure shall only be stipulated by law.
(3) The High Court of Cassation and Justice shall (i) a unitary interpretation and implementation of
the law by the other courts of law, according to its competence.3
1. Romanian specialists in law use the word magistrates to refer both to judges and prosecutors / only
to judges.
2. In Romania judges are appointed by the Prime Minister/the President of the State.
3. In our country judges are/arent irremovable.
4. The only institution that is entitled to appoint, promote, transfer or sanction magistrates is the
Superior Council of Magistracy/the Constitutional Court.
5. There is incompatibility / there is no incompatibility between the office of a judge and an academic
position.
6. The role of the High Court of Cassation and Justice is to act as a court of first instance / to apply and
interpret the law in a unitary way.
7. We use the term jurisdiction to refer only to the territory over which the authority of a court is
exercised / both to the territory over which the authority of a court is exercised and to the authority of a
court to judge cases in specific matters according to the law.
8. In Romania, the system of courts includes:
a. Courts of first instance, specialized courts, tribunals, courts of appeal and the High Court of
Cassation and Justice;
b. The Supreme Court, the High Court of Cassation and Justice, Courts of Appeal, tribunals and courts
of first instance.
9. According to the Romanian Constitution, access of any person to justice may / may not be restricted.
10. The organization and functioning of the High Court of Cassation and Justice is set forth in an
ordinary/organic law.
EXERCISE 6
A. Read the texts below (sections B. and C.) and then answer the following questions:
1 th
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c6s1a124 accessed on 30 July 2013.
2
Idem.
3
Idem.
2. Which is the highest court in Romanian? What are the sections of the highest court?
3. What is the role of the courts of appeal?
4. What courts of law are the most numerous in Romania? Where are they set up?
5. What is a public prosecutors office constituted of?
B. In Romania the High Court of Cassation and Justice (hereinafter referred to as HCCJ) is the highest
court of law. This court must ensure a unitary application and interpretation of the law in Romania. The
HCCJ administers justice through all the other courts of law that are set up on the Romanian territory.
The judiciary comprises:
- The High Court of Cassation and Justice, which has 4 sections: (civil and intellectual property,
criminal, commercial and fiscal and administrative claims);
- 15 courts of appeal (which have sections and specialized panels for: civil / criminal / administrative /
commercial etc. cases);
- 42 tribunals (each county has a tribunal); tribunals have sections and specialized panels for: civil /
criminal / administrative / commercial, etc. cases;
- 4 specialized tribunals (Braov Tribunal for minors and family cases, Cluj Commercial Tribunal,
Mure Commercial Tribunal and Arge Commercial Tribunal);
- 177 courts of first instance (they are organized at county level and in the sectors of Bucharest).
Every court of law has a president (or chief justice), while court sections are run by a section
president.
A prosecutors office is attached to every court of appeal and it consists of public prosecutors.
According to the Constitution of Romanian (2003) and Law no. 304/2004 on the Organization
of the Judiciary (published in the Official Gazette of Romania, 29th June 2004), the High Court of
Cassation and Justice is the supreme court of the Romanian State. In our country justice is administered
by the High Court of Cassation and Justice, courts of appeal, tribunals, specialized courts (e.g. military
courts, juvenile courts) and courts of first instance.
According to the above mentioned legal sources, judges are appointed by the President of the
State and are irremovable. This means that they cannot be removed from office without a special
procedure. On the other hand, in Romania, according to Article 125 of the Constitution, the
responsibility to propose, promote, transfer or sanction judges lies with the Superior Court of
Magistracy.
The fundamental law of the state stipulates that any person is entitled to take legal action
whenever he/she considers that his/her rights/freedoms were aggrieved. Thus, as Article 126 lays down,
if a person is aggrieved by a statutory order or by certain provisions in statutory orders that are proved
to be unconstitutional, that person has the right to bring a case before administrative courts that judge
contentious business.
EXERCISE 2: translate the following sentences using the parallel quotations from the Romanian
Constitution given below (Article 133):
(1) Consiliul Superior al Magistraturii este (1) The Superior Council of Magistracy shall
garantul independentei justitiei. guarantee the independence of justice.
(2) Consiliul Superior al Magistraturii este (2) The Superior Council of Magistracy shall
alcatuit din 19 membri, din care: consist of 19 members, of whom:
a) 14 sunt alesi in adunarile generale ale a) 14 are elected in the general meetings of the
magistratilor si validati de Senat; acestia fac magistrates, and validated by the Senate; they
parte din doua sectii, una pentru judecatori si shall belong to two sections, one for judges and
una pentru procurori; prima sectie este one for public prosecutors; the former section
compusa din 9 judecatori, iar cea de-a doua din consists of 9 judges, and the latter of 5 public
5 procurori; prosecutors;
b) 2 reprezentanti ai societatii civile, specialisti b) 2 representatives of the civil society,
in domeniul dreptului, care se bucura de inalta specialists in law, who enjoy a good
reputatie profesionala si morala, alesi de Senat; professional and moral reputation, elected by
acestia participa numai la lucrarile in plen; the Senate; these shall only participate in
c) ministrul justitiei, presedintele Inaltei Curti plenary proceedings;
de Casatie si Justitie si procurorul general al c) the Minister of Justice, the president of the
Parchetului de pe langa Inalta Curte de Casatie High Court of Cassation and Justice, and the
si Justitie. general public prosecutor of the Public
(3) Presedintele Consiliului Superior al Prosecutor's Office attached to the High Court
Magistraturii este ales pentru un mandat de un of Cassation and Justice.
an, ce nu poate fi reinnoit, dintre magistratii (3) The president of the Superior Council of
prevazuti la alineatul (2) litera a). Magistracy shall be elected for one year's term
(4) Durata mandatului membrilor Consiliului of office, which cannot be renewed, from
Superior al Magistraturii este de 6 ani. among the magistrates listed under paragraph
(5) Hotararile Consiliului Superior al (2) a).
Magistraturii se iau prin vot secret. (4) The length of the term of office of the
(6) Presedintele Romaniei prezideaza lucrarile Superior Council of Magistracy members shall
Consiliului Superior al Magistraturii la care be 6 years.
participa. (5) The Superior Council of Magistracy shall
(7) Hotararile Consiliului Superior al make decisions by secret vote.
Magistraturii sunt definitive si irevocabile, cu (6) The President of Romania shall preside
exceptia celor prevazute la articolul 134 over the proceedings of the Superior Council
alineatul (2).1 of Magistracy he takes part in.
(7) Decisions by the Superior Council of
Magistracy shall be final and irrevocable,
except for those stipulated under article 144
(2).2
Write a presentation of the High Court of Cassation and Justice, using the provisions of Law no.
304/2004 on the Organization of the Judiciary3. Refer to:
- its role
- structure
- powers.
Bibliography
Online bibliography
1
Constituia Romniei, Monitorul Oficial, Bucureti, 2003.
2
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c6s3a133 - accessed on 5th November 2012.
3
http://www.diicot.ro/index.php?option=com_content&view=article&id=74&Itemid=80 - accessed on 4th March 2012.
UNIT V - THE CONSTITUTIONAL COURT OF ROMANIA
EXERCISE 2: complete the following table with as many words as possible (paying attention to the
indicated part of speech):
EXERCISE 3: read the summary of the unit below and then correct the mistakes you identify in the
following sentences:
1. The Romanian Parliament is entitled to adjudicate on the constitutionality of the laws it passes.
2. The President of Romania is compelled to promulgate the laws as soon as they are passed by
Parliament.
3. The 9 judges of the Constitutional Court are entitled to hold other public or private offices, including
academic positions.
4. Before laws are promulgated by the President of the State, the Constitutional Court must adjudicate
on the constitutionality of the laws passed by the Romanian Parliament.
5. The Constitutional Court is not entitled to settle constitutional disputes that may arise between public
authorities upon notification by the President of the state or the Presidents of the Chamber of Deputies /
the Senate.
In Romania, there functions a special court of justice, i.e. the Constitutional Court. This
institution guarantees the constitutionality of the laws that are passed by the Parliament before they are
promulgated by the President, as well as the constitutionality of ordinances, treaties, of the
parliamentary Standing Orders etc. In order to accomplish this task, the Constitutional Court can be
notified by the Romanian President, the President of the Senate/the Chamber of Deputies, the Advocate
of the People, the Government, the High Court of Cassation and Justice or by a number of at least 50
deputies or 25 senators. Similarly, the Constitutional Court can adjudicate on the constitutionality of
laws, ordinances, treaties etc. ex officio.
The Constitutional Court is also entitled to adjudicate on the constitutionality of the
parliamentary Standing Orders. For accomplishing this goal, the Constitutional Court may be notified
by a number of at least 50 deputies/25 senators or by the President of the Senate/of the Chamber of
Deputies.
In case constitutional disputes arise between public authorities, they are solved by the
Constitutional Court.
The Constitutional Court plays another important role in our democratic society, i.e. it ensures a
fair observance of the procedures for electing the President of the State and it confirms the ballot
returns.
In case the President of Romania is going to be suspended from office, the Constitutional Court
is entitled to give advisory opinion as regards this proposal.
Moreover, the Constitutional Court must make sure that referendums are organized and held in
accordance with the law.
Objections of unconstitutionality are also solved by the Constitutional Court.
EXERCISE 4
a) translate the following terms and then use them to fill in the gaps below: thereof; Standing Orders
of Parliament; guarantor; appointed:
ARTICLE 142
(1) The Constitutional Court shall be the (i) for the supremacy of the Constitution.
(2) The Constitutional Court consists of nine judges (ii) for a term of office of nine years that cannot
be prolonged or renewed.
(3) Three judges shall be appointed by the Chamber of Deputies, three by the Senate, and three by the
President of Romania.
(4) The judges of the Constitutional Court shall elect, by secret vote, the president (iii), for a term of
office of three years.
(5) The Constitutional Court shall be renewed by one third of its judges every three years, in
accordance with the (iv) of the Court's organic law.1
b) translate the following terms and then use them to fill in the gaps below: upon notification by; the
objection as to the unconstitutionality; to give advisory opinion; to guard the observance of the
procedure; provisions; to adjudicate on;
ARTICLE 146
The Constitutional Court shall have the following powers:
a) (i) the constitutionality of laws, before the promulgation thereof upon notification by the
President of Romania, one of the presidents of the two Chambers, the Government, the High Court of
Cassation and Justice, the Advocate of the People, a number of at least 50 deputies or at least 25
senators, as well as ex officio, on initiatives to revise the Constitution;
b) to adjudicate on the constitutionality of treaties or other international agreements, (ii) one of the
presidents of the two Chambers, a number of at least 50 deputies or at least 25 senators;
c) to adjudicate on the constitutionality of the (iii), upon notification by the president of either
Chamber, by a parliamentary group or a number of at least 50 Deputies or at least 25 Senators;
d) to decide on the objection as to the unconstitutionality of laws and ordinances, brought up before
courts of law or commercial arbitration; (iv) may also be brought up directly by the advocate of the
People;
e) to solve legal disputes of a constitutional nature between public authorities, at the request of the
President of Romania, one of the presidents of the two Chambers, the Prime Minister, or of the
president of the Superior Council of Magistracy;
f) (v) for the election of the President of Romania and to confirm the ballot returns;
g) to ascertain the circumstances which justify the interim in the exercise of the office of President of
Romania, and to report its findings to Parliament and the Government;
h) (vi) on the proposal to suspend from office the President of Romania;
l) to guard the observance of the procedure for the organization and holding of a referendum, and to
confirm its returns;
j) to check the compliance with the conditions for the exercise of the legislative initiative by citizens;
k) to decide on the objections of unconstitutionality of a political party;
l) to carry out also other duties stipulated by the organic law of the Court.2 (Constitution of Romania)
1) Read articles 142, 143, 144, 145 and 146 and make a straightforward presentation of the role,
structure and powers of the Romanian Constitutional Court.
Preparatory stage:
1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=5#t5c0s0a142 - accessed on 24th November 2012.
2
Idem.
- identify key legal terms in the above mentioned articles (e.g. to adjudicate, constitutionality, to
ascertain, upon notification by, to solve legal disputes, to give advisory opinion, compliance with,
objections of unconstitutionality), and identify their Romanian translation in the context;
- identify the main ideas that are relevant for the presentation;
- try to find out whether other European country states also have a constitutional court and mention at
least three states that have a special court with jurisdiction on constitutional matters.
2) After filling in the gaps with words derived from the terms given on the right, read the text below,
which represents an introduction to the role played by the Venice Commission, and try to find
information about the constitutional assistance offered by the European Commission for Democracy
through Law (which is the official name for the Venice Commission).
The European Commission for Democracy through Law, better known as the ADVISE
Venice Commission, is the Council of Europe's (1) body on constitutional
matters.
Established in 1990, the commission has played a leading role in the adoption
of constitutions that conform to the standards of Europe's (2) heritage. CONSTITUTION
Initially conceived as a tool for emergency constitutional engineering, the
commission has become an (3) recognized independent legal think-tank. INTERNATIONAL
Today it contributes to the (4) of the European constitutional heritage,
based on the continent's fundamental legal values while continuing to provide DISSEMINATE
constitutional first-aid to individual states.
The Venice Commission also plays a unique and (5) role in crisis RIVAL
management and conflict prevention through constitution building and advice.
//
The members are senior academics, (6) in the fields of constitutional or PARTICULAR
international law, supreme or constitutional court judges or members of
national parliaments.
(7) on the commission in their individual capacity, the members are ACT
appointed for four years by the participating countries. Since December 2009
the president of the Commission is Mr Gianni Buquicchio.1
Bibliography
Online bibliography
http://www.cdep.ro/pls/dic/site.page?id=371 - accessed on 20th July 2012
1
http://www.venice.coe.int/WebForms/pages/?p=01_Presentation - accessed on 24th November 2012.
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=5#t5c0s0a142 - accessed on 24th
November 2012
http://www.diicot.ro/index.php?option=com_content&view=article&id=74&Itemid=80 -
th
accessed on 4 March 2012
http://www.venice.coe.int/WebForms/pages/?p=01_Presentation - accessed on 24th November
2012
SECTION 3
PUBLIC ADMINISTRATION IN ROMANIA
UNIT I PUBLIC ADMINISTRATION IN ROMANIA CONSTITUTIONAL PROVISIONS
EXERCISE 1: match the terms on the right with their definitions on the left:
EXERCISE 2
1
Eoin Carolan, The New Separation of Powers. A Theory for the Modern State, Oxford: OUP, 2009, p.6.
2
Criminal expungement is translated into Romanian as reabilitare penal.
ARTICLE 116
(1) Ministries shall be organized only (i) the Government.
(2) Other specialized agencies may be organized in subordination to the Government or Ministries, or
as autonomous administrative (ii).1
ARTICLE 117
(1) Ministries shall be (iii), organized, and shall function in accordance with the law.
(2) The Government and Ministries may, on the authorization of the Court of Audit, set up specialized
agencies in their subordination, but only if the law (iv) the competence thereof.
(3) Autonomous administrative authorities may be established by (v).2
ARTICLE 120
(1) The public administration in territorial-administrative units shall be based on the principles of
(i).
(2) In the territorial-administrative units where citizens belonging to a national minority have a
significant weight, (ii) the oral and written use of that national minority's language in the relations
with the local public administration authorities and the decentralized public services, under the terms
stipulated by the organic law.3
ARTICLE 121
(1) The public administration authorities, by which local autonomy in communes and towns is (iii),
shall be the Local Councils and Mayors elected, in accordance with the law.
(2) The local Councils and Mayors shall act as autonomous administrative authorities and (iv) in
communes and towns, in accordance with the law.
(3) Authorities under paragraph (1) may also be set up (v).4
c) Fill in the gaps with the following terms: by an organic law; de jure; decentralized public services;
an act of the County Council; appoint:
ARTICLE 123
(1) The Government shall (i) a Prefect in each county and in the Bucharest Municipality.
(2) The Prefect is the representative of the Government at a local level and shall direct the (ii) of
ministries and other bodies of the central public administration in the territorial-administrative units.
(3) The powers of the Prefect shall be established (iii).
(4) Among the Prefects, on the one hand, the Local Councils and the Mayors, as well as the county
councils and their presidents, on the other hand, there are no subordination relationships.
1
http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=3#t3c5 - accessed on 26th November 2012.
2
Idem.
3
Idem.
4
Idem.
(5) The Prefect may challenge, in the administrative court, (iv), of a Local Council, or of a Mayor,
in case he deems it unlawful. The act thus challenged shall be suspended (v).1
EXERCISE 3: read the following summary (based on the Romanian Constitution provisions) and then
answer these questions:
1) What levels of public administration are there in Romania? Can you enumerate the public
institutions that ensure the good pursuance of administration at each level?
2) What is the role of ministries and governmental agencies in the Romanian public administration
system?
3) What are county councils and town councils?
4) What is the role of the prefect in each county?
5) How can specialized governmental agencies be set up? What laws regulate their organization and
functioning?
6) What is the role played by the Supreme Council of National Defence in Romania?
1
Idem.
specialized mechanisms of central public administration towards their specialized territorial
mechanisms.1
The Constitution provides for national minorities linguistic support in the sense that wherever
the local population is representative, the members of that ethnical group are entitled to use their
language in their relation with local public administration authorities. Ethnical minority groups also
benefit from decentralized public services.
The defence of Romania, the protection of its security, and the conclusion of international
military agreements for peace keeping and peace restoring missions are the tasks of the Supreme
Council of National Defence, which is entitled to organize military activities for achieving these
objectives. The national defence system is structured in accordance with an organic law.
The role of the Army is to protect the territorial integrity of Romania, its independence and
sovereignty. Subsequent to Romanias joining NATO the Army has the obligation to take part in peace
keeping or peace restoring missions and ensure collective defence for all member states in the North
Atlantic Treaty Organization. Military operations of foreign troops on our territory are allowed on
condition that they are in accordance with the provisions of the international treaties our country is a
party to.
EXERCISE 4: word formation test: add prefixes and / or suffixes to the words given in capital
letters on the right column:
The constitution, its existence and accepted authority predicated on the presence FORCE
of a common identity, (1) public belief in the reality of a homogenous social
unit, and thereby supports the states efforts to successfully manage any internal
conflicts.
The establishment of a constitution (2) the unitary nature of the state, and CLAIM
demands the obedience of the citizenry on that basis.
By accepting its authority, the citizens also implicitly (3) their individual KNOW
identification with the unitary vision advanced therein. This recognition of the
authority of the constitution and of the state enhances the centripetal force of this
centralized social identity, thereby also reducing the centrifugal pressures created
by any internal political conflict.
It is clear therefore that public acceptance of the authority of the constitution is a MANAGE
key stage in the development of a stable governing structure capable of effective
internal conflict (4).
The citizens must feel as if they owe (5) to the constitutional order if the state is ALLEGIATE
to profit from its adoption of a constitution2
1
See Legea 195 / 2006 [Law no. 195/2006 on decentralization of public services, published in the Official Gazette no.
453/25.05.2006]; original text: j) deconcentrare - redistribuirea de competene administrative i financiare de ctre
ministere i celelalte organe de specialitate ale administraiei publice centrale ctre propriile structuri de specialitate din
teritoriu. (http://www.legex.ro/Legea-195-2006-71213.aspx - accessed on 17th September 2013)
2
Eoin Carolan, The New Separation of Powers. A Theory for the Modern State, Oxford: Oxford University Press, 2009, p.
5.
Bibliography
On-line bibliography
1) Why do modern and developed states use decentralization1 in the administration of the public
sector?
2) What expectations do citizens have from a decentralized administrative system?
3) How are local public authorities controlled by the central level of public administration?
4) Can you give examples of countries which use a federalist system of government?
1) In a federal system (like the USA, Switzerland and Germany, for example) or in decentralized
democratic states (like France or the UK) national minorities can achieve their cultural and social
policies better than in centralized systems (think of the formerly communist Romanian State). Do you
agree with this statement?
2) In decentralized public administration systems (like the decentralized system in the UK, for
example), local governments are said to be more responsible to their electors, and to facilitate the
citizens access to more numerous and better public services. Do you agree with this opinion?
1
Recommended bibliography on decentralization: Decentralization and Local Economy in the World. First Global Report
by United Cities and Local Governments, a co-publication of the World Bank and United Cities and Local Goverments,
Barcelona: 2008.
9) decisional autonomy i) the governing policy of a central or local government
10) accountability j) governance at local, regional, national, and supranational level
EXERCISE 2: fill in the gaps after you add the necessary suffixes and prefixes to the words given in
capital letters on the right:
1) What Romanian laws set forth the principles of self-government and decentralization?
2) What European legal document stipulates the necessity of implementing the principle of self-
government for a better public administrative system in the EU?
3) What advantages do decentralization and self-government bring?
Local autonomy is provided and defined by Law no. 215/2001, Article 3 (1) as follows: Self-
government denotes the right and capacity of local public administration authorities to settle and
1
Peter John, Local Governance in Western Europe, London: Sage Publications Ltd., 2001, p. 18.
manage public affairs in compliance with the law and on behalf and interest of local communities
which they represent.1 (our translation)
At the core of Article 3 Law no. 215/2001 there lies the principle of decentralization, as defined
by Law no. 195/2006. According to this law, the role of decentralization is to ensure local autonomy.
Similarly, Article 3 of the European Charter of Local Self-Government sets forth that: Local
self-government denotes the right and the ability of local authorities, within the limits of the law, to
regulate and manage a substantial share of public affairs under their own responsibility and in the
interests of the local population.2
Local autonomy is exercised by local representatives who are elected by free, adult, secret
suffrage (county councils, local councils and mayors). One of the advantages of local autonomy is thus
represented by the fact that local representatives are familiar with local administrative issues, and are
directly interested in settling them. Moreover, from a financial point of view, territorial-administrative
units are entitled to use their own financial resources.
Local autonomy also allows territorial-administrative units to cooperate and associate
themselves with territorial-administrative units from abroad while having the obligation to observe the
law. Thus, free associations of administrative units are meant to support local interests, develop
cooperation, economic and cultural exchange. Considering the huge volume of work which central
public administration has, local autonomy facilitates the associations of territorial administrative units
from our country with similar units from abroad, which in the absence of this principle would be hard
to achieve.
The process of decentralization is finally meant to improve life quality of local communities by
ensuring better services in vital areas: education, healthcare services, police, transport, sewerage, etc.
Art. 1. - Prezenta lege stabilete principiile, regulile i cadrul instituional care reglementeaz procesul
de descentralizare administrativ i financiar.
1
Original text: Prin autonomie local se neleg dreptul i capacitatea efectiv a autoritilor administraiei publice locale
de a soluiona i gestiona, n numele i interesul colectivitilor locale pe care le reprezint, treburile publice, n condiiile
legii cf.: Legea nr. 215 / 2001, republicat, Legea administraiei publice locale, emitent: Parlamentul Romniei,
publicat n Monitorul Oficial, nr. 123 din 20 februarie 2007.
2
European Charter of Local Self-Government: http://conventions.coe.int/Treaty/en/Treaties/Html/122.htm - accessed on
18th September 2013.
3
Idem.
Art. 2. - In nelesul prezentei legi, termenii i expresiile de mai jos au urmtoarele accepiuni:
a) arie geografic a beneficiarilor - aria geografic de domiciliu a majoritii beneficiarilor unui
serviciu public descentralizat ntr-o perioad de timp dat;
b) capacitate administrativ - ansamblul resurselor materiale, instituionale i umane de care dispune
o unitate administrativ-teritorial, precum i aciunile pe care le desfoar aceasta pentru exercitarea
competenelor stabilite prin lege. Capacitatea administrativ se evalueaz i se stabilete n condiiile
legii;
c) competen - ansamblul atribuiilor stabilite de Constituie i de legile care confer autoritilor
administrative drepturi i obligaii de a duce n nume propriu, n realizarea puterii publice i sub propria
responsabilitate, o activitate de natur administrativ; //1
Write an essay on the topic: Challenges of local autonomy in Romania in the 21st century.
Bibliography
Online bibliography
1
Legea nr. 195 / 2006, Legea cadru a descentralizrii, emitent: Parlamentul Romniei, publicat n Monitorul Oficial, nr.
453 din 25 iunie 2006.
SECTION 4 - ROMANIAN CRIMINAL LAW
UNIT I CRIMINAL LAW
1) Imagine you are a police officer and you have information about a criminal who intends to activate a
bomb in a crowded area. Under the given circumstances the only solution for protecting the potential
victims is to kill the criminal before he manages to put his plan into action. Would you have doubts
about killing him? Would you feel guilty afterwards?
2) Is cyber stalking a crime?
3) Do hate crimes grant further protection to vulnerable categories of victims?
EXERCISE 2: fill in the gaps with the following terms and phrases: General Prosecutor, acts,
applied, defends, committed, solely, citizenship, perpetrated, corporal integrity:
Art.1. Criminal law (i) Romania, sovereignty, independence, State unity and indivisibility, the
rights and freedoms of persons, property, as well as the entire legal order, against offences.
Art.2. The law provides which (ii) are offences, the penalties to be (iii) to the offenders and the
measures that can be taken if these acts are committed.
Art.3. Criminal Law shall apply to offences (iv) on Romanian territory.
Art.4. Criminal law shall apply to offences (v) outside the Romanian territory, if the perpetrator is a
Romanian citizen or if he/she, while having no (vi), domiciles in this country.
Art.5. (1) Criminal law shall apply to offences committed outside Romanian territory, against the
security of the Romanian State or against the life of a Romanian citizen, or which have caused serious
injury to the (vii) or health of a Romanian citizen, when they are committed by a foreign citizen or
by a person with no citizenship who does not domicile on the territory of our country.
(2) The initiation of criminal action for the offences provided in the previous paragraph shall be
done (viii) with prior authorization from the (ix).1
EXERCISE 3: answer the following questions taking into consideration the provisions set forth by
Articles 1-5 of the Romanian Criminal Code (quoted above), as well as the information included in
the summary given below:
1) What does the criminal law defend according to Article 1 of the Romanian Criminal Code?
2) What does the criminal law provide?
3) What offences is Romanian criminal law applied to?
4) Who is in charge with initiating criminal action for offences perpetrated outside the Romanian
territory, which are meant to affect the life and health of Romanians, respectively the security of our
state?
5) Under what conditions is criminal law not applied?
6) When is Romanian criminal law applied for crimes committed by foreign citizens?
When trying to define criminal law, theoreticians firstly distinguish it from civil law. Thus,
criminal law aims to sanction the defendant for the crime(s) that he / she committed, whereas civil law
aims to grant compensation to the plaintiff for the damage caused to him/her.
Criminal law is characterized by a set of principles, of which the most important are: legality
(i.e. the crime committed by a person is provided by criminal law), criminal liability (or criminal
responsibility), proportionality (the sentence for a crime must be proportional to its seriousness), etc.
On the other hand, as the Romanian Criminal Code sets forth, a general characteristic of crimes is that
they present social peril (social threat).
The role of criminal law is to protect fundamental values of our society such as: legal order, the
states independence, unity, and sovereignty from any offences that might endanger them; criminal law
also protects the citizens freedoms and rights from being infringed by offenders.
Criminal law defines the notion of offence and it organizes offences into specific categories for
which certain penalties are applied. An offence is any act which is provided by criminal law, which
presents social danger (social peril / social threat) and which is committed with guilt. When an act is
said to pose social peril, magistrates take into consideration the manner in which the crime was
committed, the means that the offender used in order to accomplish his deed, the goal that he/she aimed
at, the circumstances under which the crime was perpetrated, the consequences that the crime
generated, and the perpetrators person, as well as the criminal record, if the case may be.
1
The translation is available on: www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013; see
also: Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p.5.
Romanian criminal law is also applied for Romanians and foreigners (when extradited) who
commit crimes outside the border of our country on condition that the law of the country where those
crimes are committed also provides them as criminal acts, including for the situation in which the
perpetrated criminal acts are meant to affect our states unity, indivisibility, sovereignty or
independence or to infringe one of our citizens rights and freedoms. Romanian criminal law is also
applied for those persons who do not have Romanian citizenship but whose domicile is in our country
and who commit offences abroad.
Criminal action against offences committed abroad by foreign citizens against our states
security and citizens rights and freedoms may be initiated by the General Public Prosecutor.
However, it is possible for the law of the State where the crime was committed to provide
certain causes that hinder the initiation of criminal action or that thwart the continuation of the trial or
that block the service of the penalty.
Whenever a crime is committed by a diplomatic representative of a foreign country or by a
person who is not subject to Romanian criminal jurisdiction, Romanian criminal law is not applied for
that crime. Similarly, criminal law is not applied retroactively. It is also likely for an act to have been
set forth in the previous criminal code but to no longer be provided in the new criminal legal
framework. In this situation, criminal law is no longer applied for it. When it happens for a sentence to
be passed after a new law is enacted on the committed crime, the judge will decide to apply the most
favourable law: either the one that was in force when the crime was committed or the newly adopted
one.
EXERCISE 4: fill in the gaps with one missing word (an article, a preposition, a pronoun or an
auxiliary verb):
Crime, dlit, and contravention, three classifications of criminal offense that are central to the
administration of justice in many Roman- and civil-law countries //. Crimes in French law are the
most serious offenses, punishable by death or prolonged imprisonment. A dlit is any offense
punishable by a short prison sentence, usually (1) one to five years, or a fine. Contraventions are
minor offenses.
Civil-law countries traditionally (2) used all three categories, corresponding to three types of
tribunals: police courts (tribunaux de police), (3) determine guilt in cases of minor penalties; courts
of correction (tribunaux correctionnels), requiring judges but no jury, which try all other cases not
involving serious bodily harm; and full courts (4) a jury in other crimes.
In the 19th century, legal scholars argued for the reduction of categories of crime to two (5)
three. This recommendation was incorporated into many criminal codes, including those of Sweden,
Denmark, the Netherlands, Portugal, Italy, Brazil, Norway, Venezuela, and Colombia. Dlit was
generally defined as an infraction inspired by a criminal intent and infringing directly (6) the rights
of individuals and groups, thus including offenses that had previously been designated crimes.
Contravention came to mean any act committed without criminal intent but forbidden by law.
Most countries adopting the new definitions retained the three-tiered structure of the judiciary.
In consequence, an informal (7) important distinction was made between dlits moins graves and
dlits gravesthat is, between ordinary dlits and crimes involving serious bodily harm that were
reserved for trial by a full court with a jury. These procedural differences reduced the usefulness of
(8) single term dlit. Consequently, some countries, (9) Hungary, Denmark, and Romania, continue
to classify crimes in three rather than two categories. Only the Netherlands has pursued the logic of the
dual categories of offenses (10) reducing the number of criminal tribunals from three to two. Most
countries continue to try to reconcile a three-tiered court system with a modified form of the dlit-
contravention distinction. A person who commits a dlit moins gravee.g., larcenyis brought
directly to trial before a judge sitting without a jury. The guilt or innocence of one who commits a
contravention is determined summarily in a police or magistrates court. //
The distinctions between crime, dlit, and contravention are not comparable to the Anglo-
American distinctions between felony and misdemeanour. The latter belong to a fundamentally
different evolution of criminal law.1
EXERCISE 5: fill in the gaps after you add the necessary suffixes and prefixes to the words given in
capital letters on the right:
1
http://www.britannica.com/EBchecked/topic/142952/crime-delit-and-contravention - accessed on 14th June 2013.
2
http://www.britannica.com/EBchecked/topic/204029/felony-and-misdemeanour - accessed on 14th June 2013.
IV. DEVELOPING WRITING SKILLS
Give examples of crimes that were provided by the Romanian criminal law during the communist
period and that are no longer stipulated by the present criminal law in our country. Mention the
penalties that were applied. Bring arguments pro or against their application in the past and their
present abrogation.
Bibliography
Adam Czarnota, Martin Krygier, Wojciech Sadurski, Rethinking the Rule of Law after
Communism, Budapest: Central European Universtiy Press, 2005
Stanislav Frankowski, Paul B. Stephan, Legal Reform in Post-Communist Europe, Netherlands:
Kluwer Academic Publishers, 1995
Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012
Teodor Vasiliu, Codul Penal al Republicii Socialiste Romnia, Bucureti: Editura tiinific,
1972
Vintil Dongoroz, Modificri aduse Codului penal i Codului de procedur penal prin actele
normative din anii1956-1960, Editura Academiei Republicii Populare Romne, 1962
Online bibliography
www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013
http://www.britannica.com/EBchecked/topic/142952/crime-delit-and-contravention- accessed
on 14th June 2013
http://www.britannica.com/EBchecked/topic/204029/felony-and-misdemeanour- accessed on
14th June 2013
1
Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 19.
UNIT II OFFENCES AGAINST STATE SECURITY
Edward Joseph Snowden (an American computer specialist who worked for the CIA and
NSA) is famous all over the world for his revealing information on top-secret USA and UK
government mass surveillance programs, information which was published in the press. Consequently,
on 14th of June 2013, the USA federal prosecutors accused him of espionage. He was also alleged
guilty of theft of government property. However, Snowden had managed to leave for Hong Kong and
then for Russia before the leaked information was published by newspapers. At present he has
temporary asylum in Russia. Opinions vary as to whether Snowden is a traitor or a hero. Is there a limit
or a boundary up to which one can accept ones right to privacy being infringed for national security to
be ensured?
EXERCISE 3:
a) Fill in the gaps with the following terms: prohibition, facilitating, undermining, surrendering,
procuring, fraternizing, sanction:
Art.156. (1) The act of a Romanian citizen, or of a person with no citizenship domiciling in
Romania, during wartime:
a) of (iv) territories, towns, defence locations, storage facilities or installations belonging to
the Romanian armed forces or that are used for defence;
b) of surrendering ships, aircraft, cars, devices, weapons or any other material that can be used in
waging a war;
c) (v) people, values and materials of any kind for the enemy;
d) (vi) with the enemy or carrying out any other actions likely to favour the enemys activity
or to weaken the Romanian armed forces or the allied armed forces capacity to fight, shall be
punished by life imprisonment or by imprisonment from 15 to 25 years and the prohibition of
certain rights.
(2) The same penalty shall (vii) also a Romanian citizen or a person with no citizenship
domiciling in Romania who, during wartime, fights in or is part of groups fighting against the
Romanian State or its allies.2
According to the Romanian Criminal Code, treason, espionage, the act of undermining national
economy, as well as the act of revealing secrets which jeopardize state security are punished with
imprisonment and prohibition of certain rights. The years provided for incarceration range from 1 year
of imprisonment to life imprisonment depending on the crime that was committed and its seriousness.
1
The translation is available on: www.secicenter.org/doc/present_Criminal_Code.doc - accessed on 24th August 2013; see
also: Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 70.
2
Idem.
Thus, for treason the penalty ranges from 15 to 25 years of imprisonment, while for revealing secrets
that jeopardize state security the penalty may range from 1 to 10 years.
Treason refers to the act or actions whereby a Romanian or a foreign citizen undermines our
states unity, independence and sovereignty. Persons accused of treason must have established
connections with foreign organizations with a view to undermining the states economy or political life
or security. For example, a person may facilitate the military occupation of Romania or it may get
involved in actions that are meant to instigate war against our country. Treason may also be committed
by persons (a Romanian / a foreign citizen) who reveal state secrets / data to foreign powers /
organizations or who are involved in espionage acts, respectively who commit hostile actions against
Romania.
Create word families for each of the terms given in the chart below:
1
Crime within the Area of Freedom, Security and Justice, A European Public Order, edited by Christina Eckes and
Theodore Konstadinides, Cambridge: Cambridge University Press, 2011, p. 2.
2
http://www.dreptonline.ro/spete/detaliu_speta.php?cod_speta=487 - accessed on 24th August 2013.
Bibliography
Online bibliography
1. Abortion has been one of the most controversial topics of all times. Those who support or reject it
bring legal, religious and cultural arguments for or against it. The frequent occurrence of abortion is,
anyway, a fact. Basically, there are two tendencies when it comes to womens right to abort a child:
the pro-choice supporters (who defend womens reproductive rights) or the pro-life supporters (for
whom abortion is equivalent with murder). What is your opinion as regards the two tendencies?
2. If a person is found guilty of first degree or second degree murder, the sentence for such a criminal
act should be death penalty. Do you agree with this penalty?
EXERCISE 2:
a) Fill in the gaps with one of the following terms or phrases: elude, prosecution, material interest,
inability to defend himself / herself, prohibition of certain rights:
b) Fill in the gaps with one of the following terms or phrases: piracy, attempt, fulfilment, cruelties:
c) Fill in the gaps with one of the following terms or phrases: sanction, penalties, negligence, alcohol
concentration, newborn:
1
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 75.
2
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal
i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 75-76.
Art. 177. The killing of a (i) infant, committed immediately after birth by the mother who is in a
state of confusion caused by birth, shall be punished by imprisonment from 2 to 7 years.1
Art. 178. (1) The killing of a person out of negligence shall be punished with imprisonment from 1 to
5 years.
(2) Homicide out of (ii) because of failing to observe legal provisions or precaution measures
for the exercise of a profession or a trade, or by carrying out a certain activity, shall be punished by
imprisonment from 2 to 7 years.
(3) When homicide out of negligence is committed by a person driving a vehicle with
mechanical traction, with a level of (iii) in the blood that exceeded the legal limits or who was
inebriated, the penalty shall be imprisonment from 5 to 15 years.
(4) The same penalty shall (iv) also homicide out of negligence committed by any other
person in the exercise of his/her profession or trade and who is inebriated.
(5) If the act committed caused the death of two or more persons, the maximum of the (v) in
the previous paragraphs can be supplemented by an increase of up to 3 years.2
a) Give synonyms for the following words: heinous, viable, rehabilitation, offender, infanticide;
b) Add suffixes and prefixes to the words written in capital letters below so that they would match the
given context:
Some crimes are so heinous that no one would expect the (1) to be returned OFFEND
to the community; treatment is not considered a viable option. A good example
of this type of criminal is the serial murderer.
Once such offenders are convicted, they are usually incarcerated for the rest of REHABILITATE
their lives. They will have no opportunity to return to the community; therefore,
little thought is given to what treatment programs would be effective in
changing or (2) them.
There is some interest in identifying (3) techniques so that children will not PREVENT
grow into the kind of people who commit such crimes.3
Filicide is the generic term used to describe the killing of a child by the parent. INFANT
There are generally two types of filicide discussed in the literature: neonaticide
and (4). The differences in the terms are sometimes determined exclusively
by the age of the victim. Filicide is the killing of a child (at any age) by the
parent.
The child can be as young as a few hours or as old as 45. If the murdered child FREQUENT
is between 48 hours and 2 years old, then the term most often used to describe
that crime is infanticide. If the child is younger than 48 hours, neonaticide is the
term most (5) used.4
1
Idem.
2
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 76-77.
3
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different Crimes, Different Criminals:
Understanding, Treating and Preventing Criminal Behavior, Matthew Bender & Company, Inc., a member of the
LexisNexis Group, 2006, p.3.
4
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different Crimes, Different Criminals:
Understanding, Treating and Preventing Criminal Behavior, Matthew Bender & Company, Inc., a member of the
LexisNexis Group, 2006, p. 11-12.
EXERCISE 4: answer the following questions after reading the text below:
The generic term for killing a person is homicide. When describing the circumstances under
which homicide is committed, legal terminology adopts the term murder. Thus, the Romanian Criminal
Code distinguishes between first degree murder and second degree murder. The penalty applied for
both of them is imprisonment from 15 to 25 years, as well as the interdiction of certain rights.
First degree murder is committed when the killer acts with premeditation, when the victim is
his/her close relative or when the aggressor takes advantage of the victims impossibility to defend
himself/herself; a frequent circumstance for first degree murder is represented by the fact that the
aggressor aims to prevent the victim from accomplishing his/her public duties or to avoid being
arrested. Similarly, first degree murder occurs when the killer intends to conceal or to facilitate the
commission of another crime.
Second degree murder or particularly serious murder is generally directed against two or more
persons or a pregnant woman or a police officer / a member of the military staff (when the police or
military personnel are on duty or in order to prevent them from accomplishing their duty). Some
criminals commit a second degree murder in order to conceal a robbery or piracy act.
According to the Romanian Criminal Code, attempt is subject to penalty no matter if we refer to
first or second degree murder.
Aiding or abetting suicide is punished in Romania with an imprisonment penalty from 2 to 7
years or from 3 to 10 years if the person who committed suicide was a juvenile or was not aware of
his/her acts.
Aggrieving the physical integrity of a person may lead to serious consequences, depending
on which penalties vary. Thus, hitting (battery) may be directed against a family member; in this
situation, the penalty is imprisonment (from 6 months to a year) or a fine. If the victim needs medical
care for a period of up to 20 days, the imprisonment penalty varies between 3 months to 2 years or a
fine. However, if the victim is a family member, the imprisonment penalty will be of 1 to 2 years of
imprisonment or a fine. For criminal action to be initiated, it is necessary for the injured person to file a
complaint. If violent acts are committed against a family member, criminal action may be initiated ex
officio. However, in case reconciliation is accepted by the victim, criminal liability is removed.
Sometimes a persons corporal integrity is so badly affected that the victim may need to stay in
hospital up to 2 months, situation in which the punishment will range from 6 months to 5 years of
incarceration. The penalty is minimum 1 year of imprisonment and maximum 5 when the victim is a
family member. For criminal action to be initiated, it is necessary for the injured person to file a
complaint. If violent acts are committed against a family member, criminal action may be initiated ex
officio. However, in case reconciliation is accepted by the victim, criminal liability is removed.
However, it is possible for a persons corporal integrity to be so seriously affected that the
injured person might need medical care for a period longer than 2 months, situation in which the
aggressor is incarcerated for a period of 2 to 7 years. If the victim has lost a sense or a limb or suffered
mutilation or if the violent act inflicted on her led to abortion or a mental or physical impairment, the
penalty ranges from 2 to 7 years of imprisonment. Finally, if proven that the aggressor intended to
cause the victim a serious bodily harm (as defined above in this paragraph), the penalty is
imprisonment from 3 to 12 years.
The worst scenario one can imagine is the one in which the victim who suffered a serious
bodily harm dies. The penalty for an injury causing death is imprisonment from 5 to 15 years.
Translate the following fragment into Romanian and then comment upon its content:
Choose one of the two homework tasks and write an argumentative, respectively a descriptive essay
on the given topics:
1) Bring pro and against arguments as regards the use of euthanasia nowadays.
2) Write a straightforward presentation of the differences existing between child destruction, abortion
and infanticide.
Bibliography:
Codul penal i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different
Crimes, Different Criminals: Understanding, Treating and Preventing Criminal Behavior,
Matthew Bender & Company, Inc., a member of the LexisNexis Groupd, 2006
Jonathan Herring, Criminal Law. Text, Cases and Materials, Oxford: Oxford University Press,
2012
On-line bibliography
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August
2013
1
Jonathan Herring, Criminal Law. Text, Cases and Materials, Oxford: Oxford University Press, 2012, p. 36.
UNIT IV OFFENCES AGAINST PROPERTY
1) Do you consider that using a gun to protect your property is a far-fetched measure to take as an
owner?
2) The mayor of Bucharest wants to use a park area to build offices, a hotel and a parking, underlining
the economic benefits of this investment: new jobs and higher property-tax revenue. However, his
opponents do not agree with the project arguing that the city needs to protect every green area for the
benefit of the residents good life quality. What should be done?
1) theft a) petroleum
2) movable assets b) to transfer
3) piracy c) a generic term used to describe the crime of stealing someone
elses property
4) to convey d) property (apart from land, houses) that one can take with
oneself; the Romanian translation of this phrase is bunuri mobile
5) crude oil e) acts of plundering committed by the crew or passengers on a
ship against persons or goods on that ship or against another ship
on condition that the ships are at sea or in a place that falls outside
the jurisdiction of a State
6) to express volition f) theft of tubes that convey liquids (e.g. petrol)
7) to deem g) to fasten something (e.g. with a clasp)
8) theft of connection hoses h) to say that one is willing to
9) to clasp i) to judge; to consider (to have an opinion)
10) to plunder j) a place where someone lives; residence
11) robbery k) the act of taking someone elses property by violence or
through intimidation and against that persons wills
12) dwelling l) to rob, to loot
13) upon prior complaint m) with the purpose of deceiving someone
14) in bad faith n) the act of deceiving
15) deceit o) the act of stealing
16) appropriation p) on the basis of a complaint that was previously filed
EXERCISE 2:
2.1. Fill in the gaps with one of the following terms or phrases: under the circumstances; deemed;
theft; movable asset:
2.2. Fill in the gaps with one of the following terms or phrases: unable to express volition;
appropriation; by forced entry; a narcotic substance; convey; particularly serious consequences:
1
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal
i 10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 91.
communication components;
shall be punished by imprisonment from 4 to 18 years.
(4) Theft that caused (v) shall be punished by imprisonment from 10 to 20 years and the prohibition
of certain rights.
(5) In the case in paragraph (3) a), the act of digging the land in the protected area near pipes that
(vi) crude oil, gasoline, condensate, liquid ethane, petrol, Diesel oil, other oil products or natural
gasses, as well as the possession, in those places or in the vicinity of storage facilities, tanks or tank
wagons, of connection hoses, installations or any other devices for clasping or perforation, shall also be
considered an attempt.1
EXERCISE 3: translate into Romanian the following terms using, if necessary, the Romanian
Criminal Code or a dictionary: theft, first degree theft, robbery, deceit, fraudulent management, breach
of trust, and piracy.
EXERCISE 4: read the following summary on offences against property and then answer the
following questions:
1) What is the difference between theft, first degree theft and robbery?
2) Under what conditions is robbery sanctioned with imprisonment from 5 to 20 years, respectively 15
to 25 years of confinement?
3) What is the penalty applied for piracy?
4) What is breach of trust and how is it sanctioned?
5) What is fraudulent management?
6) What is deceit?
Robbery is the appropriation of another persons assets by use of threat or violent acts. The
author of the crime of robbery may cause the victim a state of unconsciousness or make the victim
unable to defend himself/herself. Robbery also refers to the commission of theft subsequent to which
the author makes use of violence or threatening so that the aggressor may keep the stolen goods,
remove the traces of the committed crime or facilitate the perpetrators escape. If robbery is committed
under the above mentioned circumstances, the penalty applied is imprisonment from 3 to 18 years.
However, if robbery is committed at night or by a person who wears a mask / who is disguised
or in a means of public transportation, the penalty applied is imprisonment from 5 to 20 years.
The penalty for robbery is imprisonment from 7 to 20 years when robbery leads to the victims
grievous bodily harm or when committed during a disaster or in someones house (including within the
premises area) or when committed by two or more persons together or when the aggressor carries a gun
or makes use of a paralyzing substance.
If robbery results in the victims death, it is punished by imprisonment from 15 to 25 years and
the prohibition of certain rights.
Piracy is the act of plundering the persons on a ship (aircraft) either by the members of the
crew or even by its passengers on condition that the plundered ship (aircraft) is in the open sea (air) or
in an area that falls outside the jurisdiction of a state. Piracy is accompanied by acts of violence and it
is committed for personal purposes. The punishment is imprisonment from 3 to 18 years. When piracy
results in serious bodily harm of the victim, the penalty applied is imprisonment from 5 to 20 years. If
1
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 92.
piracy results in the death of the victim, it is punished by imprisonment from 15 to 25 years and the
prohibition of certain rights.
Breach of trust refers to the situation in which a person appropriates a movable asset which
belongs to another person or unlawfully uses this asset or refuses to return it to the rightful owner. The
penalty applied for breach of trust is imprisonment from 3 months to 4 years or a fine.
Fraudulent management refers to the prejudice that is caused to a person through the
maladministration of the latters assets or by preserving the latters assets by the one who is appointed
to administer or preserve those assets. The penalty applied for this offence is imprisonment from 6
months to 5 years. If fraudulent management is committed in order to acquire a material benefit, the
penalty applied is imprisonment from 3 to 10 years.
Deceit implies false representation about a fact, which leads to damage, in order to unlawfully
obtain a material benefit either for oneself or for another person. The punishment for deceit is
imprisonment from 6 months to 12 years.
If deceit is committed by using false names or through other fraudulent means, the penalty
applied is imprisonment from 3 to 15 years.
If deceit is committed when concluding or executing a contract, and if the victim hadnt
concluded or executed the contract in the absence of this deceit, the penalty is imprisonment as
provided in the previous paragraphs: imprisonment from 6 months to 12 years (if false representation is
used for a material benefit) or from 3 to 15 years (if false names or other fraudulent means are used).
However, deceit also exists when a cheque is issued to a credit institution or a person and the
one who signs the payment instrument knows that the sum is not covered. Deceit also exists when a
person withdraws a supply wholly or in part after the drawee (in general, a bank) issues that supply or
when that person prohibits the drawee to pay the supply before expiry of the presentation term and
these actions result in causing damage to the lawful owner of the cheque. The penalty for this offence is
imprisonment from 3 to 15 years.
When deceit results in particularly serious consequences, it is punished with imprisonment from
10 to 20 years and the prohibition of certain rights.
EXERCISE 5:
Add suffixes and prefixes to the words in the chart below so that you may create word families:
b) Explain the following words in English and translate them into Romanian: to meddle, retail,
cognate, securities market, miscellaneous, swindle, scam, customs evasion;
c) Fill in the gaps with the following 5 phrases: occupational crime; governmental crime; state-
corporate crime, crimes of globalization, and high finance crime; enterprise crime, contrepreneurial
crime, techno-crime, and avocational crime; corporate crime:
1. : Illegal and harmful acts committed by officers and employees of corporations to promote
corporate (and personal) interests. Forms include corporate violence, corporate theft, corporate
financial manipulation, and corporate political corruption or meddling.
2. : Illegal or harmful financially driven activity committed within the context of a legitimate,
respectable occupation. Forms include retail crime, service crime, crimes of professionals, and
employee crime.
3. : A cognate form of white collar crime; a range of activities wherein government itself,
government agencies, government office, or the aspiration to serve in a government office generates
illegal or demonstrably harmful acts. Forms include state crime and political white collar crime.
4.: Major hybrid forms of white collar crime that involve in some combination a synthesis of
governmental, corporate, international financial institution or occupational crime. High Finance crime
specifically refers to criminal activity in the realm of high-level finance, from banking to the securities
markets.
5. : Residual forms of white collar crime or a variety of miscellaneous illegal activities that include
more marginal forms of white collar crime. Enterprise crime refers to cooperative enterprises involving
syndicated (organized) crime and legitimate businesses; contrepreneurial crime refers to swindles,
scams, and frauds that assume the guise of legitimate businesses; technocrime involves the intersection
of computers and other forms of high technology with white collar crime; avocational crimes are
illegal but non-conventional criminal acts committed by white collar workers outside a specifically
organizational or occupational context, including income tax evasion, insurance fraud, loan/credit
fraud, customs evasion, and the purchase of stolen goods.1
1
David O. Friedrichs, Trusted Criminals. White Collar Crime in Contemporary Society, Belmont: Wadsworth Cengage
Learning, 2010, p. 7-8.
III. DEVELOPING TRANSLATION SKILLS
Define the two antonyms white-collar crimes and blue collar crimes using the recommended
bibliography given below, as well as any other source of documentation that you consider relevant.
Bibliography
On-line bibliography
1
Op.cit., p. 7.
UNIT V - OFFENCES AGAINST PEACE AND HUMANKIND
1) The Nazi and Stalinist systems have often been seen as having a lot of similarities as to the brutality
and the suppression measures that they used to annihilate their opponents. Do you agree? (Students
may refer to the propaganda used by the two totalitarian regimes, to the Russian Gulag and the Nazi
death camps established during World War Two, etc.).
2) What could governments do to prevent genocide from occurring in a country?
3) In what way can citizens prevent violent governments (like, e.g., the Romanian Garda de fier [The
Iron Guard] during the interwar period)?
1) dissemination a) outcast
2) to subject somebody to b) to give a task
3) tendentious c) to thwart
4) castaway d) constraint
5) to assign e) biased
6) to impede f) dispersal
7) coercion g) to cause somebody to undergo torture / the application of a
penalty etc.
8) displaced population h) expulsion of a person / group / population from a territory
9) deportation i) captive / prisoner
10) hostage j) population that is forced to leave its home land
EXERCISE 2:
a) Fill in the gaps with the following words and phrases: subjecting; forced transfer; to impede; the
physical or mental integrity; instigation:
Art. 356 War propaganda: Propaganda for a war, the dissemination of tendentious or
invented news, likely to serve (i) to war, or any other display in favour of the outburst of a war,
committed by speech, in writing, through the radio or television, cinema or other such means, shall be
punished by imprisonment from 5 to 15 years and the prohibition of certain rights.1
Art. 357 Genocide: (1) The commission of one of the following acts in order to completely
or partly destroy a community or a national, ethnic, racial or religious group:
a) killing the members of the community or group;
b) seriously harming (ii) of the members of the community or group;
c) (iii) the community or group to living conditions or treatment likely to lead to physical
destruction;
d) taking measures tending (iv) births in the community or group;
e) (v) of children belonging to a community or group into another community or group,
shall be punished by life imprisonment or imprisonment from 15 to 25 years and the prohibition of
certain rights.
(2) If the act is committed during wartime, the penalty shall be life imprisonment.
(3) Agreement in order to commit the offence of genocide shall be punished by imprisonment
from 5 to 20 years and the prohibition of certain rights.2
b) Add suffixes and prefixes to the words written in capital letters in the right column so that they
would match the contexts given below:
HUMAN (i)
Art. 358. (1) Subjection of injured or diseased persons, of members of the civil
health personnel or of the personnel of the Red Cross or of organisations equated
to it, of castaways, prisoners of war and in general of any other person fallen into
the enemys powers to (i) treatment, or to medical or scientific experiments
not justified by a medical treatment in their best interest, shall be punished by
imprisonment from 5 to 20 years and the prohibition of certain rights.
(2) The same penalty shall sanction the (ii), with regard to the persons in the COMMIT (ii)
previous paragraph, of one of the following acts:
a) coercion to serve in the enemys armed forces;
b) taking hostages;
c) (iii); DEPORT (iii)
d) displacement or deprivation of freedom with no legal grounds;
e) (iv) or execution, without prior judgment by a legally set up court, and CONVICT (iv)
that judged the case in observance of the fundamental judicial safeguards
provided in the law.
(3) Torture, mutilation or (v) of persons in paragraph (1) shall be punished by EXTERMINATE
life imprisonment or by imprisonment from 15 to 25 years and the prohibition of (v)
certain rights. (4) If the acts in the present Article are committed during wartime,
the penalty shall be life imprisonment.3
1
http://legislationline.org/documents/action/popup/id/8914/preview - accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 146.
2
Idem.
3
http://legislationline.org/documents/action/popup/id/8914/preview- accessed on 24th August 2013; see also: Codul penal i
10 legi uzuale, Bucureti: Editura Hamangiu, 2012, p. 146-147.
EXERCISE 3 SYNONYMY AND WORD FORMATION EXERCISE
b) Add suffixes and prefixes to the words in the chart below in order to create word families for the
word given in every line:
EXERCISE 4: answer the following questions after reading the text below:
1) What criminal actions does genocide imply according to the Romanian Criminal Code?
2) What penalty provides the Romanian criminal law for genocide?
3) What is inhuman treatment?
4) What penalty is applied for inhuman treatment?
According to the Romanian Criminal Code, the following criminal actions war propaganda,
genocide, inhuman treatment during war time, destruction of military objectives and appropriation of
assets during war time, as well as destruction or pillaging or appropriation of cultural values outside a
military reason are crimes against peace and humankind.
War propaganda - any attempt to instigate the population to war through propaganda or by
disseminating tendentious information (both in writing, and by speech) is punished by the Romanian
criminal law with imprisonment from 5 to 15 years, as well as with the prohibition of certain rights.
Genocide is the most violent and cruel crime directed against a community / an ethnic / racial /
religious / national group, and it is committed in an attempt to destroy that community or group. Cases
of genocide have been frequent in history (see the Cambodian genocide, the Rwanda genocide, the
genocide of the American first nation population, the genocide of the Jews, the genocide of the
Armenians, etc.). The actions undertaken in order to destroy a population are various and they include
besides murder acts, adoption of measures which are meant to impede births, deportation of
populations, commission of acts which produce grievous physical and mental harming of the victims,
subjection of the victims to starvation, as well as the victims confinement in an area where they cannot
survive. The penalty applied for genocide in Romania is life imprisonment (if genocide crimes are
committed during war time) or imprisonment from 15 to 25 years, including the prohibition of certain
rights.
Inhuman treatment - besides genocide, cases of inhuman treatment committed against the
injured / the diseased / prisoners / castaways / civil healthcare personnel (including the Red Cross
personnel) are also frequent. Inhuman treatment implies that the above mentioned persons are subject
to scientific experiments which are not meant to ensure the medical treatment of the patient or that they
are deported / taken hostages / forced to serve in the enemys army / unlawfully deprived of freedom.
The authors of such criminal acts are punished with imprisonment from 5 to 20 years, including the
prohibition of certain rights. Inhuman treatment is also invoked for situations in which the persons
belonging to the above mentioned categories are judged by an illegally set up court or by a court which
infringes judicial safeguards stipulated by the law. In case the persons belonging to the above
mentioned categories are subject to torture / mutilation / extermination, the penalty applied is life
imprisonment (if cases of inhuman treatment are committed during war times) or imprisonment from
15 to 25 years of confinement, including the prohibition of certain rights.
Destruction of certain objectives and appropriation of certain assets includes criminal acts
that are committed in order to partially or totally destroy: hospitals (any buildings or ships which serve
as hospitals), sanitary storage facilities, as well as different means of transport that are used by the
healthcare system (including the Red Cross or any other organization similar to it) for the
transportation of the wounded / the diseased / sanitary goods; these buildings / means of transport /
facilities bear distinctive signs that identify them as such, in consequence there is no excuse for
destroying such objectives or assets no matter if it is war time or not. Romanian criminal law provides
a penalty of 5 to 20 years of imprisonment and the prohibition of certain rights. The law sanctions in a
similar way the militarily unjustified appropriation of large quantities of sanitary materials which are
meant to be used for the wounded or the deceased that have been captured by the enemy.
Destroying, pillaging or appropriating cultural values destruction in the absence of military
necessity of monuments / historical or archaeological sites / works of art / museums / libraries /
historical or scientific archives / manuscripts / valuable books / scientific collections is punished with
imprisonment from 5 to 20 years and the prohibition of certain rights.
The same penalty is applied for pillaging or appropriation of cultural values from occupied
territories during war time.
Translate the following fragment into Romanian and then comment upon its content:
No crime matches genocide in the moral opprobrium that it generates. It is a crime which, despite its
well-documented destructive impact on societies and the progressive enforcement of human rights
norms in the international community, has more than a historical relevance. The massacres committed
by the Khmer Rouge in Cambodia in the late 1970s, those committed by Idi Amin in Uganda during
his rule (1971-1979), the Tutsi massacre of the Hutu in Burundi in the 1960s and 1970s, the Iraqi
massacres of the Kurds in the late 1980s, and most recently the killings of Muslims in Bosnia-
Herzegovina are troubling reminders of genocides staying power. Hence any study of genocide,
whether legal, historical, or sociological, has an unavoidable contemporary dimension.1
Choose one of the two homework tasks indicated below and write an argumentative,
respectively a descriptive essay on the given topics:
1) Present accurate and straightforward data about a real case of genocide. Give information about the
propaganda which supported the military cruel acts directed against the aggressed group.
2) Write a documented presentation of Aleksandr I. Solzhenitsyns The Gulag Archipelago.
Bibliography
Online bibliography
1
George J. Andreopoulos, Introduction: The Calculus of Genocide, in Genocide. Conceptual and Historical Dimensions,
edited by George J. Andreopoulos, Philadelphia: University of Pennsylvania Press, 1994, p. 1.
SECTION 5 - EU LAW
UNIT I - EU LAW - INTRODUCTORY COURSE
EXERCISE 2: read the following text, define the underlined terms and then answer the questions
below:
The EU was originally established as the European Economic Community (EEC, colloquially
known as the Common Market) by the 1957 Treaty of Rome. The name was later shortened to
European Community (EC). The 1992 Maastricht Treaty created the European Union, which is made
up of the EC, as well as two other pillars of cooperation in the areas of foreign policy and justice and
home affairs. We use the term European Community to refer to the period pre-Maastricht //, but we
use the term European Union to refer to all periods and the activities of all pillars thereafter. Legal
purists may blanch (formally, for instance, there is no such thing as EU law or an EU budget, only
Community law or Community budget) but for simplicitys sake we use the broad term EU.1
EXERCISE 3: read the following description of the three pillars of the EU. Choose one of the three
pillars to write a documented presentation of the activities and stages that it implied. In order to
accomplish this task, consult bibliographic suggestions at the end of this unit.
In the text below you are going to notice the use of the verb shall.
a) Explain whether shall is used as a modal or as an auxiliary verb in the fragments included on the
next page (Articles 2 and 3 from TEU) and why it is used to a very large extent in legislation and
various legal documents;
b) Translate into Romanian paragraph 5 in the fragment included on the next page (Article 3 of the
TEU);
c) According to the fragments below, what are the values that the EU promotes?
1
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work, Oxford: Oxford University Press,
2003, p. 4.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 5.
The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the
rule of law and respect for human rights, including the rights of persons belonging to minorities. These
values are common to the Member States in a society in which pluralism, non-discrimination,
tolerance, justice, solidarity and equality between women and men prevail.1 (Article 2 of the TEU)
1. The Unions aim is to promote peace, its values and the well-being of its peoples.
2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers,
in which the free movement of persons is ensured in conjunction with appropriate measures with
respect to external border controls, asylum, immigration and the prevention and combating of crime.
3. The Union shall establish an internal market. It shall work for the sustainable development of Europe
based on balanced economic growth and price stability, a highly competitive social market economy,
aiming at full employment and social progress, and a high level of protection and improvement of the
quality of the environment. It shall promote scientific and technological advance.
It shall combat social exclusion and discrimination, and shall promote social justice and protection,
equality between women and men, solidarity between generations and protection of the rights of the
child.
It shall respect its rich cultural and linguistic diversity, and shall ensure that Europes cultural heritage
is safeguarded and enhanced.
4. The Union shall establish an economic and monetary union whose currency is the Euro.
5. In its relations with the wider world, the Union shall uphold and promote its values and interests to
contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable
development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication
of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict
observance and the development of international law, including respect for the principles of the United
Nations Charter.2 (Article 3 of the TEU)
The objective of the third pillar is to increase cooperation in the areas of internal security
such as the fight against international crime and the drug trade. As in Pillar 2, decision-making in Pillar
3 is highly intergovernmental. Common action is loose and unanimity required for virtually all
important decisions.
Sometimes Treaty reform can shift policy responsibility from one pillar to another. When this
occurs, the nature of decision-making power can also shift significantly. For instance, when the 1997
1
Official Journal of the European Union, C 83/13 available on-line at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF accessed on 19th September 2013.
2
Idem.
Amsterdam Treaty moved policy on visas, immigration, and asylum from the third to the first pillar, it
signalled a shift towards more supranational decision-making in this area.1
1. Iniiativa crerii UE a aparinut prinilor fondatori ai acesteia (Konrad Adenauer, Jean Monnet,
Robert Schuman, Joseph Bech, Winston Churchill, Sicco Mansholt, Walter Hallstein, Alcide de
Gasperi, Johan Beyen, Altiero Spinelli i Paul-Henri Spaak) i a urmrit unificarea pe plan politic i
economic a statelor europene care se aflau n afara Blocului Sovietic.
2. Obiectivele principale ale UE sunt: asigurarea unui spaiu European sigur, prin securizarea
granielor, uniformizarea prevederilor legislative comunitare, combaterea crimei organizate,
dezvoltarea economic a statelor membre, promovarea pcii, garantarea respectrii drepturilor omului,
protecia mediului i a valorilor culturale specifice fiecrei naiuni.
3. Graie apartenenei la spaiul european, cetenii din zona UE se bucur de o serie de drepturi civile
i politice suplimentare celor pe care li le asigura cetenia lor naional.
4. Cei aproximativ 500 de milioane de ceteni ai UE pot lucra n orice stat european graie dreptului la
mobilitate de care se bucur n spaiul Uniunii.
5.Moneda Euro a fost lansat n 1999. n prezent, ea este folosit de 17 state.
I. Define the following words and insert them into the gaps below (use bibliographic
recommendations given at the end of the unit for properly defining these terms): Governance,
Globalization, Intergovernmentalism, Integration, Sovereignty, Multilevel governance,
Supranationalism, Subsidiarity:
a) is the idea that the world is becoming interconnected and interdependent because of increasing
flows of trade, ideas, people and capital. Globalization is usually presented as reducing the autonomy
of individual states, although whether its impact is essentially positive or negative, inevitable or
controllable remains intensely debated.
b) means established patterns of rule without an overall ruler. Even though there is no government,
the EU undertakes the sort of activity that governments traditionally have done. The EU is thus said to
be a system of governance without a government (or an opposition).
c) is the process whereby sovereign states relinquish (surrender or pool) national sovereignty to
maximize their collective power and interests.
e) is often used to describe the EU. It means a system in which power is shared between the
supranational, national and subnational levels. The term also suggests there is a far bit of interaction
and coordination of political actors across those levels. How they interact, and with what effects
determine the shape of EU integration.
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 6.
f) refers to the ultimate authority over people and territory. It is sometimes broken down into
internal (law-making authority within a territory) and external (international recognition). Opinions
vary as to whether state sovereignty is surrendered or merely shared in the context of the EU.
g) means above states or nations. That is, decisions are made by a process or institution which is
independent of national governments. The subject governments (in the case of the EU, the member
state governments) are then obliged to accept these decisions. The European Court of Justice (ECJ) is a
supranational institution. The term supranationalism is usually contrasted to intergovernmentalism.
h) is a principle originally derived from catholic theology. It has been developed in the EU to help
determine how different public policy goals can be best pursued, by whom, and at what level of
governance. The Treaties require the EU to take action only if the objective of the proposed action
cannot be sufficiently achieved by the member states1
II. Fill in the gaps with the following terms: currency, wealth, legislation, aid, trade:
Consult at least two bibliographic sources and write about one of the following treaties: the Rome
Treaties, the Maastricht Treaty, the Nice Treaty or the Lisbon Treaty.
Bibliography
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 9.
2
Idem.
Online bibliography
1. What is a treaty?
2. Can you think of treaties that Romania is a party to?
3. When did Romania together with Bulgaria sign the Treaty of Accession to the EU? Were there any
preliminary steps taken before this Treaty was signed? If yes, what were they?
4. What was the role of The European Agreement (1993)?
5. When did Romania apply for adhering to the EU?
6. When did negotiations regarding Romanias adherence to the EU start?
7. What happens when there are inconsistencies between the provisions of an international treaty to
which Romania is a party and the provisions of the Romanian Constitution?
EXERCISE 1: match the terms and phrases on the left to their definitions on the right:
1. The French phrase acquis communautaire denotes the entire body of EU laws1, including the
European Court of Justice case law/apart from the European Court of Justice case law.
1
We use the phrase the entire body of EU laws to refer to the EU constitutional framework and the EU treaties, EU
directives, opinions, regulations, etc.
2. It is binding / it is advisable for EU Member States to abide by the acquis communautaire.
3. TEU (the Treaty on the European Union) was drawn up in 1992 and it came into force the same year
/ it came into force a year later.
4. The phrase EC law was used before / after the enforcement of the TEU.
5. In the 1950s there were created two Communities (ECSC and EEC) / three Communities (ECSC,
EEC and EURATOM).
6. The first pillar known as the European Community started to exist / no longer existed after the
Lisbon Treaty was ratified.
7. EU law is limited by national law / is above national law (it is supranational).
8. Prior to the Lisbon Treaty, TFEU was known as the Treaty of Rome (1957) or the EC Treaty. TFEU
stands for the Treaty on the Foundation of the EU / the Treaty on the Functioning of the EU.
9. The Treaty of Lisbon repealed / amended TEU and TEC.
10. The Lisbon Treaty was signed in 2007/2009.
11. The Lisbon Treaty was applied starting with 2007/2009.
12. The Lisbon Treaty granted more power to the EU Parliament / limited the powers of the EU
Parliament.
13. The Lisbon Treaty modified voting procedures in the Council / did not modify voting procedures in
the Council.
14. The Lisbon Treaty proposed a temporary / permanent president of the European Council.
EXERCISE 3:
When practitioners and academics use the term The Treaties, they are referring to the collection of
founding treaties and their subsequent revisions. The founding treaties include the Treaty of Paris
(signed in 1951, establishing the European Coal and Steel Community) and two Treaties of Rome,
1957: one establishing the European Atomic Energy Community, EURATOM; the other - the
European Economic Community, EEC. The ECSC became void in July 2002. The EURATOM treaty
never amounted to much. But the Treaty of Rome (signed in 1957) establishing the EEC became
absolutely central. It has been substantially revised in the:
Single European Act1;
Maastricht Treaty (or Treaty on the European Union, signed in 1992);
Amsterdam Treaty (signed in 1997), and the
Nice Treaty (signed in 2001).
// the intergovernmental conference leading up to the Maastricht Treaty not only revised the Treaty
of Rome (it is now formally called the Treaty establishing the European Community) but it also
established the broader Treaty of EU (TEU or Maastricht Treaty, 1992) which included two new pillars
or areas of activity on foreign policy and justice and home affairs. The two core Treaties today are thus
the Treaty Establishing the European Community (TEC) which covers the first pillar and the
Treaty on EU (TEU) which covers the second and the third pillars of EU activity.2
1. Which are the founding treaties of the EU? When were they signed?
2. What did the two treaties of Rome establish? When were they signed?
1
It was signed and it came into force in 1987.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 15.
3. In what documents was the Treaty of Rome revised? When were these documents signed?
4. What do ECSC, EEC, TEC, TFEU and TEU stand for?
c. In the chart below match the EU Treaties to the years when they came into force; columns A and
C are already matched:
A B C
Treaty of Lisbon Signed: 2001 This Treaty was meant to make the EU
Entered into force: 2003 function better from a democratic point of
view. It gave more coherence to EU policies
regarding global issues (such as
environmental problems, for example). The
European Council became one of the seven
EU institutions subsequent to the coming
into force of the Lisbon Treaty.
Treaty of Nice Signed: 2007 This Treaty came into force in order to make
Entered into force: 2009 the EU function properly subsequent to the
adherence of 25 member states.
Treaty of Amsterdam Signed: 1992 This Treaty came into force in order to
Entered into force: 1993 facilitate the adherence of subsequent EU
member states. This Treaty brought a series
of reforms of the EU institutions.
Maastricht Treaty Signed: 1997 This Treaty established the EU.
(TEU) Entered into force: 1999
Single European Act Signed: 1965 The role of this Treaty was to create a single
(SEA) Entered into force: 1967 European market.
Brussels Treaty Signed: 1986 This Treaty set up a sole Commission and a
Entered into force: 1987 sole Council, which were meant to serve
ECSC, EEC and EURATOM. Later on this
treaty was abolished by the Treaty of
Amsterdam.
Treaties of Rome Signed: 1951 These Treaties were meant to enlarge EU
Entered into force: 1952 integration and consolidate economic
cooperation.
Treaty establishing Signed: 1957 Thanks to this Treaty no country could
ECSC Entered into force: 1958 consolidate its military industry without the
other states knowing it.
EXERCISE 4: insert the following fragments (a, b, c and d) into the paragraphs below (1, 2, 3 and
4):
a) The German question then became how to maximize the economic and military potential of the
FRG1 for the benefit of the West while allaying the understandable concerns of Germanys neighbours,
especially France.1
1
FRG stands for the former Federal Republic of Germany, also known as West Germany.
b) These challenges ranged from post-war reconstruction to international financial turmoil, to the
consequences of the end of the Cold War.2
c) The UK has already taken the initiative on military security in Europe, having pressed the US to
negotiate the North Atlantic Treaty (which founded NATO, the North Atlantic Treaty Organization).
Yet, the UK was reluctant for reasons of history, national sovereignty and economic policy to go
beyond anything but intergovernmental cooperation.3
d) European governments wanted American dollars for post-war reconstruction, but without any
strings attached.4
1) European countries responded to a series of domestic, regional and global challenges after the
Second World War by integrating economically and politically. ..Driven largely by
nation interests, Franco-German bargains, and American influence, Europeans responded by
establishing the European Community and later the EU. Deep integration challenged cherished national
concepts of identity, sovereignty and legitimacy. Successive rounds of enlargement, which saw EU
grow in size from its original six member states, also generated institutional policy challenges that have
shaped the contours of European integration.5
2) The most pressing question at the end of the war was what to do about Germany. The question
became acute with the onset of the Cold War. As the Soviet Union consolidated its control over the
eastern part of the country, the Western Powers the UK, France and the USA facilitated the
establishment of democratic and free market institutions in what became the Federal Republic of
Germany (FRG). .France accepted a
supranational solution to the problem of German economic recovery, but not to the problem of German
remilitarization.6
3) The US championed integration as a means of reconciling old enemies, promoting prosperity and
strengthening Western Europes resistance to communism. The Marshall Plan was the main instrument
of American policy. For their part, the
Americans insisted that European recipients coordinate their plans for using the aid. That was the
extent of European integration in the late 1940s. The UK had no interest in sharing sovereignty. France
wanted to keep the old enemy down and exploit Germanys coal-rich Ruhr region. Few countries were
willing to liberalize trade.7
It was Germanys rapid economic growth, thanks in part to the Marshall Plan, which made the
status quo untenable. The US wanted to accelerate German recovery in order to reduce occupation
costs and promote recovery throughout Europe. A weak West Germany, the Americans argued, meant
a weak Western Europe. France agreed, but urged caution. France wanted to modernize its own
economy before allowing Germanys economy to rebound. Indeed, France agreed to establish the FRG
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 19.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 19.
3
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 22-23.
4
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 19.
5
Idem.
6
Idem.
7
Idem.
only on condition that German coal production (a key material for war-making) remained under
international control. 1
4) German expressions of resentment of French policy fell on receptive American disposal of the
West. Yet, the US was not insensitive to French economic and security interests. Rather than impose a
solution, Washington pressed Paris to devise a policy that would allay French concerns about the Ruhr
region, without endangering Germanys full recovery. Given its preferences for European integration,
the US hoped that France would take a supranational tack. Originally, the US wanted the UK to lead on
the American question. ..The UKs
prestige in Europe was then at its height. Continental countries looked to the UK for leadership. Such
leadership, however, was absent, and under mounting American pressure, France came up with a novel
idea to reconcile Franco-German interests by pooling coal and steel resources under a supranational
High Authority.2
1. Istoria UE ncepe odat cu declaraia lui Robert Schuman (9 mai, 1950), care, sub influena ideilor
lui Jean Monnet, sugereaz crearea Comunitii Europene a Crbunelui i Oelului.
3. n vederea constituirii Comunitii Europene a Crbunelui i Oelului, se semneaz la Paris un Tratat
de ctre Frana, Germania, Italia, Olanda, Belgia i Luxemburg.
4. Comunitatea Crbunelui i Oelului ncepe s funcioneze n 1953.
5. n 1954 Frana refuz s semneze Tratatul privind Comunitatea European a Aprrii, ceea ce
echivala cu un refuz al crerii unei Comuniti politice europene.
6. La 25 martie 1957 sunt semnate 2 tratate de o importan vital pentru istoria UE: Tratatul de
instituire a Comunitii Economice Europene, Tratatul de instituire a Comunitii Europene a Energiei
Atomice.
7. Actul Unic European (Single European Act) este emis n 1987 pentru a conferi cooperrii n
domeniul economic o dimensiune politic. Ia natere astfel piaa unic.
8. Comunitatea European a Energiei Atomice i Comunitatea Economic European, alturi de Justiie
i afacerile interne, precum i de politic extern i de securitate comun constituie pilonii UE,
cunoscui sub denumirea de cei trei piloni.
In the fragments below, you are going to find concise explanations of the concepts of neofunctionalism,
liberal intergovernmentalism and new institutionalism. Choose one of these concepts and write a
documented presentation of it, using the selective bibliography given at the end of this unit.
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 22.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 22-23.
sectors (say, coal and steel) across borders could spill over and provoke wider economic integration
in related areas (say agriculture) //. More ambitiously, neofunctionalists believed this economic
integration would produce political integration and the creation of common, integrated, supranational
institutions to accelerate this process1
Liberal intergovernmentalism
Each states preferences reflect the balance of their domestic economic interests. The outcomes of EU
negotiations are the result of intergovernmental bargaining; that is, bargaining between sovereign
national governments. Any subsequent delegation to supranational institutions is calculated, rational
and circumscribed. In short, national governments first define a set of interests, and then bargain among
themselves to realize those interests. 2
New institutionalism
emphasizes the importance of institutions in shaping or even determining government preferences.
In the EU context, new institutionalism demonstrates how the EUs common institutions (Commission,
Council, Parliament or Courts) are more than impartial arbiters in the policy-making process: they are
key players with their own agenda and priorities. For new institutionalists, institutions refer not only
to institutions traditionally defined executives, parliaments, courts but also to values, norms and
informal conventions that govern social exchanges between actors.3
Bibliography
Michelle, Cini, European Union Politics, Oxford University Press, Oxford, 2004
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Ernst Haas, The Uniting of Europe: Political, Social, and Economic Forces, 1950-1957,
Stanford University Press, 1958
Andrew, Moravcsik, The Choice for Europe: Social Purpose and State Power from Messina to
Maastricht, Ithaca: Cornell University Press, 1998
Oxford Learners Advanced Dictionary, Oxford: Oxford University Press, 2009
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford, OUP, 2008
The Penguin Dictionary of International Relations, London, New York: Penguin Books, 1998
Rosamond, B., Theories of European Integration, Palgrave Macmillan, Basingstoke, 1999
Online bibliography
1
Elizabeth Bomberg and Alexander Stubb, p. 10.
2
Elizabeth Bomberg and Alexander Stubb, P. 11.
3
Idem.
UNIT III: THE SCHUMAN PLAN
1. Who was Robert Schuman? Why is he considered one of the founding fathers of the EU?
2. Why was the Schuman Plan created? Who did Robert Schuman collaborate with when writing this
plan?
3. Why was America interested in the application of the Schuman Plan in the Western European space?
EXERCISE 1: try to identify the right definition (a, b, c, d, e, f, g, h and i) for the underlined words
in the text below (from 1 to 9). You are given the following definitions:
a. a plan of action, statement of ideals, proposed or adopted by a government, political party, etc.;
b. a person who works in the civil service;
c. past participle of to be written as a preliminary version of a text;
d. the past form of the verb to bear;
e. a synonym for to create or to invent a plan;
f. past participle of to be expressed in a particular style or manner (about a plan, a thought, etc.);
g. a synonym for the verb to try, in the past;
h. an approach to politics based on the actual circumstances and needs of ones own people, not on
morals or ideals;
i. the past form of to give ones approval or support to a claim, statement, etc.
the Schuman Plan was drafted (1) by Jean Monnet, a senior French civil servant (2), with extensive
international experience. Being close to influential American officials and responsible for French
economic planning, Monnet faced intense American pressure to devise (3) a new policy (4) towards
Germany. Monnet believed in European unity and saw the Schuman Plan as a first step in that
direction. More immediately, it would protect French interests by ensuring continued access to German
resources, although on the basis of cooperation rather than coercion. The new plan bore (5) the name of
the French Foreign Minister, Robert Schuman, who risked his political life promoting it at a time when
most French people deeply distrusted Germany.
Naturally, German Chancellor Konrad Adenauer endorsed (6) the plan, which provided a means
of resolving the Ruhr problem and rehabilitating Germany internationally. Schuman and Adenauer
trusted each other. They were both Christian Democrats, came from the Franco-German borderlands,
and spoke German together. Aware of the UKs attitude towards integration, Schuman did not bother to
inform London of the plan. By contrast, the Americans were in on it from the beginning.
The Schuman Plan was a major reversal of French foreign policy. Having tried to keep
Germany down since the war, France now sought (7) to turn the inevitability of Germanys economic
recovery to its own advantage through the establishment of a common market in coal and steel. The
Schuman Declaration of 9 May 1950, announcing the plan, was couched (8) in the language of
reconciliation rather than realpolitik (9). In fact, the initiative cleverly combined national and European
interests.1
EXERCISE 2: try to match the terms on the left to their definitions on the right:
EXERCIES 3: insert the following terms into the gaps below: European Defence Community, the
Schengen Agreement, the Marshall Plan:
. (1947) was an aid package from the US of $ 13 billion (a lot of money in 1947, 5% of US GNP)
to help rebuild West European economies after the war. The aid was given on condition that European
states cooperate and jointly administer these funds.
. was signed by five member states in 1985 (Belgium, France, Germany, Luxembourg and the
Netherlands) and came into effect ten years later. It removes all border controls among its
signatories2
. The same six countries (the Six) signed a treaty to establish a defence community in 1952.
The rationale for both communities was the same: supranational institutions provided the best means of
managing German recovery. In this case, the outbreak of the Korean War in June 1950, which caused a
war scare in Europe, made German remilitarization imperative. France at first resisted, and then
acquiesced on condition that German military units were subsumed into a new European Defence
Community (EDC). Like the Schuman Plan, the plan for the EDC sought to make a virtue (European
integration) out of necessity (German remilitarization).3
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 23.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 22.
3
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 25.
4. Crbunele i oelul, materii prime n industria armamentului, aveau s fie produse n cantiti
moderate, aa nct niciuna din cele 6 ri mai sus amintite s nu poat deveni o for militar care s
pericliteze viitorul Europei sau al oricror altor ri.
5. Cancelarul german, Konrad Adenauer, a considerat Planul Schuman ca fiind proiectul de
reconstrucie a Europei i de reabilitare a Germaniei dup Cel de Al Doilea Rzboi Mondial. Ca
urmare, la data de 1 aprilie 1951, a fost semnat acordul privind fondarea Comunitii Europene a
Crbunelui i a Oelului n Paris de ctre: Frana, Germania, Italia, Olanda, Belgia i Luxemburg.
Although the EDC was French proposal, most French people fiercely opposed German
remilitarization. The EDC became the most divisive issue in the country. In view of the treatys
unpopularity the government delayed ratification for two years. The French Parliament ignominiously
defeated the treaty in 1954.
Ironically, Germany formed an army anyway, under the auspices of the Western European
Union (WEU), an intergovernmental organization comprising the UK and the Six and established in
1954. (The WEU also divided French opinion, but its intergovernmental nature and British sponsorship
sufficed to ensure ratification in the French Parliament). Germany joined NATO via the WEU in May
1955 and effectively regained full formal sovereignty. Whereas the intergovernmental WEU endured
(until it was folded into the EU), the European Defence Community was a bridge too far for European
integration. At a time when the Six were setting up the ECSC, the launch of a similar supranational
initiative in the much more sensitive defence sector was too ambitious. Even if it had come into
existence, in all likelihood the EDC would have been unworkable. Resistance to its implementation,
especially from the far left and far right, would have been intense. The EDC brought the idea of
supranationalism into disrepute. The end of the affair allowed supporters of supranationalism to jettison
the baggage of German remilitarization and concentrate on first principles: economic integration. 1
EXERCISE 1:
a. Define the bolded terms in the following text;
b. Add suffixes and prefixes to the words written in capital letters in the right column in the following
table in order to fill in the gaps in the left column.
The (1) of European integration after the EDCs collapse was due not to LAUNCH
Monnet or support for EURATOM, but to changes in international trade relations
in the mid-1950s.
Thanks largely to (2) measures in the Organization for European Economic LIBERALIZE
Cooperation (OEEC) and the General Agreement on Tariffs and Trade (GATT),
intra-European trade was on the rise.
With it, prosperity increased. European governments wanted more trade, but FAR
disagreed on the rate and range of liberalization. The British favoured (3)
liberalization through the OEEC and GATT, as did influential elements in the
German government.//
The Dutch had proposed a common market for all industrial sectors in the early PHASE
1950s. This would combine a customs union (the (4) abolition of tariffs
among member states //) with the free movement of goods, people,
1
Idem.
services and capital, as well as (5) decision-making in areas such as NATIONAL
competition policy.
They revised the (6) in 1955, arguing that the international economic climate PROPOSE
was more propitious than ever for the launch of a common market.
Successful negotiations to establish the EEC (or EC) in 1956, so soon after the LEADER
collapse of the EDC, owed much to the (7) of politicians like Paul-Henri
Spaak in Belgium, Guy Mollet and Christian Pineau in France, and Konrad
Adenauer in Germany.1
EXERCISE 2: match the left and the right columns in the following chart (according to their
meaning and definition) and then make a presentation in no more than three sentences of the
fragment entitled British accession and competing visions of Europe:
a. unfettered 1. a group of states that have chosen to be politically linked after the fall of the
British Empire
b. Commonwealth 2. not supporting an idea; not agreeing with an idea
c. unsympathetic 3. to accept without protest
d. espoused 4. blocked
e. to acquiesce 5. free, not restricted (e.g. ~ access)
f. disguised 6. supported (about a cause)
g. thwarted 7. different in appearance or from normal
The debates surrounding the UKs first application to join the EC illustrate the very different
visions of Europe competing for dominance during the Communitys early years.
In a remarkable reversal of policy, the UK applied to join the EC in 1961. The UK wanted
unfettered access to EC industrial markets, but also wanted to protect trade preferences for
Commonwealth countries (former British colonies) and turn the CAP (Common Agricultural Policy) in
a more liberal direction. De Gaulle was unsympathetic to the UKs application. Economically, he
wanted a protectionist CAP. Politically, he espoused a European Europe, allied to the US but
independent of it. By contrast, the UK acquiesced in Americas Grand Design for a more equitable
transatlantic relationship built on the twin pillars of the US and a united Europe centred on the EC, a
design that disguised Americas quest for continued hegemony in NATO. The US supported British
membership in the EC as part of its Grand Design. By vetoing the UKs application in January 1963, de
Gaulle defended the CAP and thwarted American ambitions in Europe. The episode suggests how
international pressure, but also competing visions of Europe have shaped how European integration has
evolved.2
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 26.
2
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 30.
EXERCISE 3: read the text below and answer the following questions:
1. What was de Gaulles attitude regarding the nation state and its relations with other states?
2. What is qualified majority voting (QMV)?
3. Why did de Gaulle reject majority voting?
4. What was the Empty Chair Crisis about and how was it solved?
5. What did the Luxembourg compromise imply?
In de Gaulles view, the nation state was supreme. States could and should form alliances and
collaborate closely, but only on the basis of intergovernmentalism, not shared sovereignty. Yet, de
Gaulle thought that the Community could be useful politically as the basis of an intergovernmental
organization of European states.
A clash over supranationalism was likely to arise in 1965 as, under the terms of the Rome
Treaty, a number of decisions in key policy areas, including agriculture, were due to become subject to
qualified majority voting (QMV). Majority voting is a key instrument of supranationalism because
member states on the losing side agree to abide by the majoritys decision. De Gaulle rejected this on
principle, seeing QMV as an unacceptable abrogation of national sovereignty. The looming
confrontation erupted in June 1965, when de Gaulle triggered the so-called Empty Chair Crisis by
withdrawing French representation in the Council ostensibly in protest against Commission proposals
to strengthen the ECs budgetary powers, but really in an effort to force other member states to agree
not to extend the use of QMV. De Gaulle had a compelling practical reason to resist qualified majority
voting: he wanted to protect CAP against a voting coalition of liberal member states.
The crisis ended in January 1966 with the so-called Luxembourg Compromise. The Treatys
provisions of QMV would stand, but the Council would not take a vote if a member state insisted that
very important interests were at stake. The Luxembourg Compromise tipped the balance toward
intergovernmentalism in the Communitys decision-making process, with unanimity becoming the
norm. This had a detrimental effect on decision-making until the SEA (Single European Act) took
effect in 1987.1
1) Try to write a concise yet well documented presentation of the Empty Chair Crisis.
2) Try to present in detail the project of the Schuman Plan (historical and political context, opportunity
and consequences).
Bibliography
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Peggy Hahn, The European Union, New York: Chelsea House Books, 2008
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford, OUP, 2008
1
Elizabeth Bomberg and Alexander Stubb, op.cit., p. 31.
Oxford Learners Advanced Dictionary, Oxford: Oxford University Press, 2009
The Penguin Dictionary of International Relations, London, New York: Penguin Books, 1998
Online bibliography
1. What are the most important EU institutions? What EU institution represents the EU citizens?
2. How many seats does the European Parliament have according to the Lisbon Treaty? What is the
minimum number of seats that an EU member state can have? What is the maximum number of seats
that an EU member state can have?
3. How many seats does Romania have in the European Parliament?
4. Are the provisions set forth by the Lisbon Treaty applied to the 2009-2014 legislative period? If not,
why? What consequence did the coming into force of the Lisbon Treaty in December 2009 have upon
the number of seats in the present European Parliament (considering that the latest elections to the
European Parliament were held in the summer of 2009)?
5. Where are plenary sessions of the European Parliament held? What about shorter sessions? How
long do they last? Are they open to the public?
6. When were MEPs directly elected for the first time in the history of the European Union? How often
are they elected?
7. What is the name of the Act that regulates direct elections to the European Parliament?
1. The Union shall have an institutional framework which shall aim to promote its values, advance its
objectives, (1) its interests, those of its citizens and those of the Member States, and ensure the
consistency, effectiveness and continuity of its policies and actions.
2. Each institution (3) act within the limits of the powers conferred on it in the Treaties, and in
conformity with the procedures, conditions and objectives (4) in them. The institutions shall practice
mutual sincere cooperation.1 (Article 13 of the TEU, 1 and 2).
1
Official Journal of the European Union, C 83/13 available on-line at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2010:083:FULL:EN:PDF accessed on 19th September 2013.
EXERCISE 2: fill in the gaps with the following words: decision-making, requirement, legitimacy, as
a result, extended:
Now that it is directly elected, Parliament enjoys democratic (1) and can truly claim to represent
the citizens of the EU Member States. But the mere existence of a directly elected Parliament cannot
satisfy the fundamental (2) of a democratic constitution, which is that all public authority must
emanate from the people. That does not only mean that the (3) process must be transparent and the
decision-making institutions representative; parliamentary control is required, and Parliament must
lend legitimacy to the Union institutions involved in the decision-making process. A great deal of
progress has been made in this area over recent years. Not only have the rights of Parliament been
continually (4), but the Treaty of Lisbon has explicitly established the obligation for EU action to
adhere to the principle of representative democracy. (5), all citizens of the Union are directly
represented in Parliament and entitled to participate actively in the EUs democratic life.1
EXERCISE 3: explain the underlined words (in English) and replace them with a synonym:
no government in the normal sense exists at EU level. Instead, the functions analogous to
government provided for in the Union Treaties are performed by the Council and the European
Commission according to a form of division of labour. Nevertheless, the Treaty of Lisbon gave
Parliament extensive powers in respect of appointments to the Commission, ranging from election by
Parliament of the President of the Commission on the recommendation of the European Council, to
Parliaments vote of approval of the full college of Commissioners (right of investiture). However,
Parliament has no such influence over the membership of the Council, which is subject to
parliamentary control only insofar as each of its members, as a national Minister, is answerable to the
national parliament.
The role of the European Parliament in the EUs legislative process has increased considerably.
The raising of the co-decision procedure to the level of ordinary legislative procedure has, in effect,
turned the European Parliament into a co-legislator alongside the Council.
In the ordinary legislative procedure, Parliament can not only put forward amendments to
legislation at various readings but also, within certain limits, get them accepted by the Council. Union
Legislation cannot be passed without agreement between the Council and the EU Parliament.2
EXERCISE 4: fill in the gaps with the following words: issuing, actual, comprise, office, outstanding,
Presidency:
The Treaty of Lisbon created the (1) of President of the European Council. The President of
the European Council, unlike the (2) up to now, has a European mandate, not a national one,
running for two and a half years on a full-time basis. The person appointed President should be an
(3) personality, selected by qualified majority voting of the Members of the European Council. Re-
election is possible once. The Presidents tasks (4): the preparation and follow-up of European
Council meetings and representing the EU at international summits in the area of foreign and security
policy.
The (5) function of the European Council itself is to establish the general policy guidelines
for EU action. It does so by taking basic policy decisions and (6) instructions and guidelines to the
Council or the European Commission. The European Council has in this way directed wok on
1
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU, 2010, p. 48.
2
Klaus-Dieter Borchardt, op. cit., p. 49-50.
economic and monetary union, the European Monetary System, direct elections to Parliament and a
number of accession issues.1
EXERCISE 5:
Legislative procedures
The co-decision procedure is the main decision-making procedure for the European
Community (the first pillar of the EU). It is based on the principle of parity: that is, that no European
decision can be taken without the agreement of both the EU Council and the European Parliament.
The consultation procedure was the original EC decision-making procedure, as outlined in the
Treaty of Rome. Consultation allows the European Parliament to give its opinion on Commission
proposals, before the Council takes a decision. Once the Parliaments opinion is made known, the
Commission can amend its proposal if it sees fit, before the Council examines it. The Council can then
adopt the proposal, or can amend it. If they wish to reject it, they must do so unanimously. Under the
majority of procedures within the EC pillar, qualified majority voting now applies to votes taken in the
EU Council. The use of unanimity is reserved for particularly sensitive political or constitutional issues.
It is also in general use (with a few minor exceptions) in Pillars 2 and 3.
The assent procedure was introduced in the Single European Act. When this procedure is used,
the Council has to get the agreement (or assent) of the European Parliament before policy decisions
are taken. Under this procedure the Parliament can say yes or no to a proposal, but does not have
any right to propose amendments to it. Assent is used in only a relatively small number of policy areas,
covering EU enlargement and international agreements, for example.
The cooperation procedure was introduced in the Single European Act, and was extended by
the Maastricht Treaty. However, at Amsterdam, governments agreed to privilege the co-decision
procedure and cut back on areas where cooperation was used. It is now used only for economic and
monetary union decision.2
II. Insert the following fragments (a, b, c, d) into the right gap (1, 2, 3, 4):
a) It does consist of representative members from each of the constituent sates but they are elected to
represent regional constituencies and political parties and not state governments.3
b) the executive of the Community, was given the sole right as the proposer of legislation under
Art. 155 (now 211) of the original EEC Treaty, although this has been in effect partially circumvented
by the Council and European Council.4
1
Klaus-Dieter Borchardt, op. cit., p. 53-54.
2
Michelle Cini, European Union Politics, Oxford: Oxford University Press, 2007, p. 7.
3
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 17.
4
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 16.
c) By its methods of action it is more intergovernmental and was described so by the Italian member
of the European Parliament, Spinelli, largely responsible for the Parliaments Draft Treaty on European
Union published first in 1984.1
d) The expansion of 2004 meant that finding the appropriate balance in terms of voting rights of each
country has been difficult but the underlying principle remains that it provides a way for the Council to
function by majority voting, but that this has to represent a certain proportion of the Union in terms of
both the number of countries and a majority of the population of the Union.2
The Council of Ministers is governed by Treaty Articles 202-210 // and is the principal legislative
organ of the Communities. Its composition is outlined in Article 203 (ex. 146) and consists of
representative government Ministers of the Member States depending on the subject matter under
discussion. Foreign Ministers attend the general Council and the agriculture or finance ministers, for
example, attend the specialist Councils.
Article 202 (ex. 145) EC imposes on the Council the duty of ensuring the coordination of the
general economic policies of the Member States and confers upon it the power to take decisions and to
delegate decision making powers to the Commission.
The Council has the final power of decision for the adoption of legislative proposals made by
the Commission. Depending on the Treaty requirements it may have to consult the EP, the Economic
and Social Committee or the Committee of the Regions and, by later amendments to the Treaty made
by the Single European Act (SEA), the Treaty on European Union and the Treaty of Amsterdam, share
the law making process with the EP. The Nice Treaty has also made changes. It reaches its decisions by
voting, but the majority required differs depending on which Treaty Article the legislative proposal is
based. Article 205 (ex. 148) provides three different proceedings consisting of a simple majority,
qualified majority or unanimity voting. The qualified majority provides a means whereby decisions can
be made without having to get the agreement of every Member State.. (1) 3
The Council is federal in that it consists of representatives of the Member States who meet
together to act in a legislative capacity, creating rules binding on the constituent Member States.
However, it is more often the case that national interests are pursued by the individual members rather
than the Council acting collectively first and foremost in the interest of the Community. Furthermore, it
is not the equivalent of a federal government as other institutions in the Community play a part in the
legislative and executive processes, namely the European Parliament and the Commission. Thus, to
describe it as a federal was perhaps too optimistic. .// (2)4
The Commission (3). It has its own powers of decision and is able to
exercise powers delegated to it by the Council. This is now subject to the measures under Art 202 (ex
145), regulating the management committee structure. // it consists of members appointed by
common accord of the Member States. Commissioners are required to act independently (Arts 213-214
(ex 157-158)). The Commissioners are required under oath to act in the interest of the Community
rather than in the interest of the host Member States. The Commission is, however, described as
multinational or supranational, and not federal, because the Commissioners are not representing or
acting for the constituent states but for the Community.5
1
Idem.
2
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 15.
3
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 15-16.
4
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008, p. 16.
5
Idem.
The European Parliament, originally called the Assembly, and consisting of members
nominated from the Member States governments, is now directly elected. It is arguably more aptly
named an Assembly, consisting only of one chamber, whereas a Parliament usually consists of two
chambers and a Head of State. // The Maastricht Treaty introduced a co-decision procedure, by
which the EP enjoys an ultimate power of veto over proposed legislation, which was extended into
more areas by the Treaty of Amsterdam and the Treaty of Nice and will be further increased if and
when the Constitutional Treaty for Europe enters into force.// (4).1
EXERCISE 6
a) Read the following presentations of the EU institutions and explain how the EU institutions are
organized hierarchically.
b) Discuss with your colleagues the importance of these institutions according to the information
that you have read in this unit so far and according to your general knowledge regarding European
Union institutions.
EUROPEAN COUNCIL
(It comprises 28 Heads of State / Government, as well as the President of the European Council and the
President of the Commission)
EUROPEAN COMMISSION
7 Members (until 2014)
1
Nigel G. Foster, EU Law, OUP, 2008, p. 16.
2
This exceptional situation is due to the application of the Lisbon Treaty provisions subsequent to the elections for the
European Parliament in 2009.
II) A GENERAL PRESENTATION OF THE COUNCIL (IN COMPLIANCE WITH THE
PROVISIONS OF ARTICLE 16 TEU)
THE COUNCIL
(It comprises one representative of each Member State Government at ministerial level; its composition
varies depending on the issue under debate)
Working parties
1. According to the Direct Elections Act (1976), which was revised in 2002, EU member states are
entitled to set forth their own election procedure that abides by EU democratic principles regarding the
election of MEPs/ are imposed an EU commonly shared election procedure.
2. When the election procedure is laid down by the states, every state is bound to observe / to infringe a
set of democratic rules, such as: free, adult, general, direct suffrage and proportional representation.
3. In all / most EU member states the minimum age for voting is 18.
4. The term of office of MEPs is four/five years.
5. In all / most EU member states voting is obligatory.
6. Salaries of MEPs are paid from the state budget of every MEP / from the EU budget.
7. At the level of the EU no government stricto sensu exists; thus, the functions that are normally
performed by a government reside with the European Council and the European Commission / the
Council of Europe.
8. The European Parliament is / is not entitled to elect the President of the European Commission and
to vote the appointment of Commissioners.
9. EU laws may be passed by the European Parliament without the consent of the Council/are not
passed unless both the European Council and the European Parliament give their assent.
10. The European Council / the European Parliament must express its agreement with Accession
Treaties whenever they are concluded with the new EU member states.
11. The European Council is entitled to pass laws/has no power to pass laws.
12. The European Council / the European Parliament may set up Committees of Inquiry whenever there
are grounds to suppose that EU law was infringed by an EU member state.
13. Currently (in 2013) the President of the European Council is Jos Manuel Barroso / Herman Van
Rompuy.
14. The European Commission / the European Council represents the entire set of European Unions
interests.
15. The European Commissioners / the members of the European Council are entitled to check whether
EU law is applied correctly.
16. The European Commission is / is not entitled to propose legislation to the European Parliament and
the Council of the EU.
17. The Council of the European Union (EU Council) is similar / different from the Council of Europe /
the European Council. Explain.
18. The Council of the European Union is entitled to adjudicated on EU laws that are proposed by the
European Commission / has no legislative powers as regards EU laws that are proposed by the
European Commission.
19. The Presidency of the Council of the European Union is rotated through the member states every
six months / every other year.
1. Parlamentul European reprezint cetenii Uniunii Europene. Membrii acestuia sunt alei prin vot
direct din 5 n 5 ani.
2. Legislatura prezent a nceput n 2009. n mod exceptional, n aceast legislatur, Parlamentul
European are 754 de membri, dei numrul maxim de parlamentari europeni este de 751. Explicaia
pentru aceast stare de fapt const n aceea c prevederile Tratatului de la Lisabona s-au pus n aplicare
ncepnd cu decembrie 2009, cu alte cuvinte, dup organizarea n vara aceluiai an a alegerilor pentru
Parlamentul European.
3. Parlamentul mpreun cu Consiliul adopt propunerile legislative ale Comisiei. Prin urmare,
Parlamentul European are rolul de colegislator n cadrul Uniunii Europene.
4. Totodat, Parlamentul European are obligaia de a colabora cu parlamentele statelor membre ale UE.
Astfel, n cadrul Parlamentului European se organizeaz periodic dezbateri la care iau parte
reprezentani ai parlamentelor naionale. n plus, Parlamentul European ine la curent parlamentele
naionale cu privire la lucrrile sale.
5. Parlamentul European exercit o serie de funcii de control i supraveghere. Astfel, Parlamentul
European supravegheaz cheltuirea bugetului UE.
6. Parlamentului European i revine rolul de a numi Ombudsmanul European.
7. Consiliul European este format din : Preedinte (cu un mandat de 2 ani i jumtate, care poate fi
rennoit o singur dat), Preedintele Comisiei Europene i efii de stat i de guvern din UE. Consiliul
European joac un rol fundamental n UE, prin aceea c stabilete prioritile politice ale Uniunii.
Deciziile adoptate n cadrul Consiliului European sunt comunicate Parlamentului printr-un raport care
sintetizeaz rezultatul ntrunirii.
8. Consiliul UE este format din minitri aparinnd statelor membre i reprezint cel de al doilea organ
legislativ al Uniunii.
9. Comisia European reprezint puterea executiv a UE. Membrii acestuia (comisarii europeni),
inclusiv Preedintele, sunt alei de Parlamentul European. Propunerea privind alegerea Preedintelui se
face de ctre Consiliul European. Comisarii europeni au obligaia de a se prezenta n faa Parlamentului
European ori de cte ori li se solicit acest lucru (de pild pentru a prezenta raportul anual privind
modul de cheltuire a bugetului Uniunii, respectiv pentru a prezenta raportul cu privire la activitile
Uniunii Europene). Cu toate c Parlamentul European poate depune o moiune de cenzur, care s duc
la remanierea Comisiei Europene, acest lucru nu s-a ntmplat niciodat pn acum.
10. Curtea European de Justiie are rolul de a intepreta legea european i de a se asigura c ea se
aplic n mod uniform n statele membre ale Uniunii.
11. Dac Parlamentul European apreciaz c se constat abateri ale Comisiei Europene sau ale
Consiliului European de la prevederile dreptului european, acesta poate solicita Curii Europene de
Justiie s ia msurile care se impun mpotriva lor.
IV. DEVELOPING WRITING SKILLS
Write a detailed presentation of one of the EU institutions using bibliographic suggestions at the end of
this unit or other EU official sources of information that you may find relevant.
Bibliography
Elizabeth Bomberg and Alexander Stubb, The European Union: How does it work?, Oxford:
Oxford University Press, 2003
Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Michelle Cini, European Union Politics, Oxford: Oxford University Press, 2007
Nigel G. Foster, EU Law, Oxford: Oxford University Press, 2008
Peggy Hahn, The European Union, New York: Chelsea House Books, 2008
The Oxford Handbook of International Relations, edited by Christian Reus-Smit and Duncan
Snidal, Oxford: Oxford University Press, 2008
Oxford Learners Advanced Dictionary, Oxford: Oxford University Press, 2009
The Penguin Dictionary of International Relations, London, New York: Penguin Books, 1998
Online bibliography
EXERCISE 2: read the summary below and then answer the following questions:
1) Who can bring a case before the European Court of Human Rights?
2) What is the structure of ECHR (think of its sections, Chambers and Grand Chamber)?
3) Who decides whether a case is admissible?
4) What is the role of the Grand Chamber?
5) What is the role played by ad hoc judges?
EXERCISE 3:
For the next seminar students are asked to read the judgment delivered by the ECHR in the CASE
OF GRIGORA v. ROMANIA (Application no. 19188 / 03)1. Students are strongly advised to read the
ECHR judgment as a parallel text (English - Romanian) and to identify any new word or phrase in the
two language source texts (see the footnote below, as well as pages 129-130 in this book).
On the basis of the two links indicated in footnote 1 on the previous page (see also pages 129-
130 in this book), students are assigned three tasks:
1
For the full versions (English and Romanian) of the judgment use the following links:
http://www.scj.ro/strasbourg%5Cgrigoras%20romania%20EN.html accessed on 12th March 2013.
http://www.euroavocatura.ro/legislatie/581/Hotararea_CEDO_in_Cauza_Grigoras_impotriva_Romaniei accessed on 12th
March 2013.
3.2) Translating Romanian fragments related to the activity of the ECHR into English;
3.3) Reading the parallel texts (Romanian-English fragments) selected for the seminar.
3.1) Using the links indicated at footnote no. 1, explain the meaning of the following words and
phrases in English and then give the Romanian equivalent to them:
Translate the following sentences into English using the bilingual display (Romanian English)
indicated in footnote 1 (the previous page), as well as pages 129-130 in this book:
1. Convenia European a Drepturilor Omului a fost elaborat n cadrul Consiliului Europei. Convenia
a fost semnat n anul 1950 i a intrat n vigoare n 1953.
2. Convenia European a Drepturilor Omului prevede drepturi i liberti fundamentale pentru ceteni
i garanteaz respectarea acestora de ctre statele semnatare.
3. Dac un cetean al unui stat care este parte la Convenia european privind drepturile omului
consider c este victima nclcrii Conveniei, acesta se poate adresa CEDO n baza unei cereri, prin
care invoc violarea unuia din drepturile prevzute de Convenie.
4. CEDO a pronunat prezenta hotrre n data de 8 septembrie 2012.
5. Cererea ndreptat mpotriva Statului Romn este semnat de doi reclamani, al cror imobil
confiscat n timpul regimului comunist a fost pus n vnzare de ctre stat.
6. Dup ce a analizat admisibilitatea i fondul cauzei, instana a inut cont de circumstanele acesteia i
de prevederile dreptului intern aplicabile n cauza n spe.
7. Curtea a admis captul de cerere formulat de reclamani i a considerat c dreptul la proprietate al
acestora a fost nclcat n mod flagrant.
8. Conform Articolului 41 al Conveniei Europene privind Drepturile Omului, orice parte n proces, ale
crei drepturi fundamentale, prevzute de prezenta Convenie, au fost lezate, va beneficia de o reparaie
echitabil, inclusiv n situaia n care prevederile dreptului intern acord o nlturare parial a efectelor
produse de nclcarea respectiv.
9. Reclamanii au primit suma de 18 000 de Euro cu titlu de compensaie.
Using the information in this unit, as well as the bilingual displays of the judgments delivered
by ECHR, which are available on the site http://eur-lex.europa.eu , write a summary of a case in
which a Romanian citizen sued the Romanian State at the Court of Strasbourg for having his
fundamental civil and political rights and freedoms infringed by Romania.
IV. FINAL COMMENTS: did you know that an application to ECHR basically involves 3
steps? See the tables below.
Step 1
AT NATIONAL LEVEL
Dispute / litigation to be settled
The case is tried before national courts
The highest domestic court adopts a final decision
Step 2
AT ECHR LEVEL
Application to the Court
Initial analysis
Inadmissibility admissibility and merits are examined admissibility is decided
The judgment finds a violation OR the judgment finds no violation
The applicant requests the case to be re-examined
(The request is dismissed OR the request is accepted=> referral to the Great Chamber)
The final judgment finds a violation OR does not find a violation
Step 3
EXECUTION OF THE DELIVERED JUDGMENT
Bibliography
GRAMMAR
UNIT I - ENGLISH TENSES
REVISION AND TESTS
I.1. Introduction
What is the role of the three forms of the verb that learners of English language must study?
Let us consider the following examples1:
b) To form the present conditional: I would like to ask you to read and sign the contract.
2. The second form of the verb is Simple Past, which remains the same for all persons (both
singular and plural):
E.g.: The liberal government enfranchised women during the interwar period.
1
Examples given include verbs that are used in legal contexts. In consequence, the readers of this book will have to focus
on the legal meaning of these verbs.
3. Past participle is used for:
b) Perfect conditional:
She would have called for an ambulance if she had had a phone.
In case you have forgotten the forms of English tenses, you can find a table with them below:
+ Judges try cases. The judge tried all the We will probably settle the
cases that were allotted to dispute easily.
him a year ago.
- My client doesnt My client didnt file a We wont settle the dispute
intend to file a complaint. easily.
complaint against his
neighbour.
? Does he plead guilty? Did he plead guilty? Will they settle the dispute
easily?
+ They are working on They were working on that This time next month they will
this case at the moment. case in September 2011. be working on this case.
- Right now the court is This time yesterday the We wont be working
not hearing witnesses. public prosecutor was not tomorrow from 3 to 5 pm due to
investigating the scene of a few technical problems that
the crime. our firm must settle.
? Are you considering What were you talking Will you be waiting for us to
the newly found about with the suspect when get over our financial problems?
evidence or just the this photo was taken? In a few months we will have
pieces of evidence paid all our debts.
which were admitted by
the court a month ago?
PRESENT PERFECT PAST PERFECT FUTURE PERFECT
SIMPLE SIMPLE SIMPLE
+ So far we have solved I had just graduated high By 2016 I will have obtained a
two difficult causes. school in Brasov when I law degree.
decided to get enrolled in an
LLB programme.
- Recently our firm has When the solicitor phoned Everyone hopes that the Earth
not lost any case. me yesterday I hadnt wont have lost all its natural
managed to draw up the resources before we find an
brief for the case. alternative to replace them.
? Have you ever Had he uttered those Will you have interrogated all
considered working as words before assaulting the the suspects before the inspector
a judicial executor? old lady? arrives at 6 pm?
+ I have been trying all When we met in 2011 he When you come to the court,
day to get through to had been working for magistrates will have been
our associate. Johnson and the Associates debating for 1 hour.
since 2008.
- The culprit has not Dont worry! They had not By the time you arrive we
been talking to his been waiting for too long wont have been discussing for
family for 30 days when you arrived. more than 20 minutes.
already.
? How long have you How long had they been How long will you have been
been waiting here? You waiting for the suspect to studying criminalistics in 2013?
look so upset. show up when they took
this photo?
FUTURE-IN-THE-PAST
E.g.: A lawyer usually advises clients and defends them in court whenever he / she can take legal
action against a natural or legal person who is supposed to have committed a crime or who is assumed
to be liable for not having accomplished a legal duty (such as the duties provided by contracts). A
trainee lawyer quite frequently interrogates clients, draws up briefs and assists a more experienced
lawyer in the firm.
Expresses a future action which takes place in accordance with an official programme (such as:
the timetable of arrivals and departures in an airport, railway station, etc.; the programme of a
conference that is on display, etc.):
E.g.: Our guests arrive at Otopeni Airport at 6 pm, according to the timetable.
Present simple is also used in Adverbial Clauses of Time and in If-clauses when the actions
they express refer to a present or future context:
E.g.: When the evidence arrives from the laboratory, we will be able to draw a few conclusions.
If you build your speech like this, you will not convince the judge of your clients innocence.
E.g.: These days the police are combing the city in order to find a dangerous criminal.
E.g.: Usually, our firm deals with commercial issues, but this year we are dealing with an unexpected
number of criminal causes. Consequently, lawyers specialized in criminal matters are busier than usual.
Expresses a present result of an action which took place at an indefinite moment / during an
indefinite period of time (it is very important that the speaker does not mention WHEN the
action took place but that the action happened):
E.g.: Compare:
a) Parliament has passed a new law on the protection of childrens rights. (=> the action is
completed and it has a present effect, namely that there is a new law on the protection of childrens
rights, whose provisions must be observed).
with
b) In 2010 the Romanian Parliament passed a new law on the protection of childrens rights. (=>
the speaker is interested WHEN this happened; whenever the speaker mentions when the action
took place yesterday, two days ago, last week, in the 19th century, in 2005, etc. we must use
Past Tense Simple).
Measures the duration of an action / situation which started in the past and still continues in the
present (SINCE and FOR, as well as the question HOW LONG, are used in this case):
Ive been a student in law since 1st October 2013 / for a month.
Expresses actions which have taken place recently (in this case present perfect is used with:
LATELY / OF LATE, RECENTLY, SO FAR, YET) or very recently (in this case present
perfect is used with JUST, ALREADY):
Refers to a persons life experience (the person we are talking about is supposed to be alive;
otherwise, we must use past tense to speak about a deceased person; in this case, present perfect
is used with: EVER, NEVER, HOW MANY TIMES, HOW MUCH, etc.):
Expresses actions which were completed in a period of time that is not finished:
E.g.: This year I have passed three difficult exams and I have failed one.
This semester I have studied an optional course of rhetoric.
This month the police have faced an escalating murder rate in the Northern part of the
country.
Stresses the duration of an action that started in the past and is still going on right now, at the
moment of speech:
E.g.: We have been striving all month to find a clue that could lead us to the psychological profile
of the criminal.
! Pay attention to the fact that in English the distinction between verbs of state and verbs of action
is of great significance when choosing between a simple perfect and a perfect continuous tense.
Compare:
Verbs of state and non-durative verbs Verbs of action (most of the verbs express
(they do not express a progressive action but motion or activities which require a certain
rather possession or lack of something, period of time to be carried out)
opinions, someones capacity to understand
something, a persons feelings related to E.g.: to walk, to run, to work, to write, to
something or someone else, a situation in strive, to sleep, to repair, to go, to move, to
which one finds himself / herself or an action study, to learn, to prepare, to revise, to
which lasts very shortly) watch, to listen to, to dance, to swim etc.
E.g.: to be, to have, to own, to possess, to E.g.: They have been learning for the Civil
understand, to remember, to forget, to know, Law exam since this semester began but they
to think (to have an opinion), to believe, to have not managed to understand all the
love, to like, to adore, to dislike, to hate, to newly studied notions yet.
hit, to arrive, to shut, to open, to close, to
slam, to slap, etc.
E.g.: So far I have taken part in two moot E.g.: Ever since I became a student I have
competitions. (Statistics about the number of been trying to improve my knowledge in the
moot competitions that the speaker was difficult domain of law. (Duration and on-
involved in) going effort are emphasised)
! Present perfect continuous also stresses the present visible effect which a recent action has
upon a person:
E.g.:
Im sure he has been drinking, the police constable said. Look! He can hardly walk
Have you been crying? Your eyes are so red.
Expresses a finished action or a series of finished actions (the past context must not be
necessarily mentioned; it is often inferred by the speaker/reader):
E.g.:
The Parliament adopted the present Constitution in 1991, which was revised in 2003.
We believe that the thief forced entrance into the house at 3 a.m., and then he crept in, walked
upstairs and stole the jewellery.
The penalty depends on the circumstances under which an action occurred.
REMEMBER that used to and would are often used for expressing past habits:
E.g.:
They would consider all risks before conceiving an action plan.
He used to be a calm and balanced person so it is hard to explain how he lost his control.
Is used after the verb to wish to describe a desire which seems impossible or hard to fulfil:
E.g.: I wish I could do something to help you (but unfortunately I cannot).
Is used after its time/its high time when the speaker expresses criticism for an action that is not
fulfilled at the moment of speaking:
Compare:
with
It indicates that a past action was going on / was in progress at a certain moment in the past:
E.g.: This time yesterday the jurors were deliberating the verdict.
TESTS
Test 1
Choose the right answer and bring arguments for your choice (correct any mistakes that you
identify):
Test 2
1-
He already prosecuted the offender.
He has already prosecuted the offender.
2-
Has he already signed the contract?
Did he already signed the contract?
3-
So far they identified a large number of similar cases.
So far they have identified a large number of similar cases.
4-
I have seen rarely such an aggressive attitude towards the police constables.
Rarely have I seen such an aggressive attitude towards the police constables.
5-
No sooner has he solved a case than a new one appears.
No sooner had he solved a case than a new one appears.
6-
Recently the rate of criminality has dropped.
Recently the rate of criminality dropped.
7-
Of late European law developed considerably.
Of late European law has developed considerably.
8-
He has delivered courses on criminology lately.
He delivered courses on criminology lately.
9-
The judge didnt finish hearing all the witnesses today.
The judge hasnt finished hearing all the witnesses today.
10 -
Didnt you draw up the brief yet?
Havent you drawn up the brief yet?
Test 4
Test 5
Test 6
Write R (right) or W (wrong) for each of the two possibilities given in the examples below:
1 Short before we____ the clauses, the creditor had decided not to offer us the loan any longer.
agreed upon;
had agreed upon.
2 The judge _____ this judgment in 2011; his ruling held that damages should be paid to the debtor
by the bank.
delivered;
had delivered.
3 We had serious doubts that we could respect the deadline but finally our suppliers____ the ordered
merchandise.
had delivered;
delivered.
6 When concluding the agreement, we ____ legal advice from other specialists.
didn't need;
hadn't needed.
7 - If the provisions of this clause ____detailed, I would have signed the contract.
were;
are.
8 - If I ____you, I would consult a specialist in commercial law before signing this agreement.
were;
had been.
9 - Hardly ____ the arbitration clause, when I realized that we should have drawn it up differently.
did I read;
had I read.
Test 7
1 The police inspector drew this conclusion once he'd analyzed all the evidence.
The two actions were parallel;
The police inspector analyzed the evidence first.
2 - It was the first time she had ever pleaded in a real case.
had ever pleaded refers to the entire life experience of the subject, including the present one;
The adverb ever is used to refer to the experience of the subject in pleading up to the past context
indicated by the above sentence.
3 - While the judge was trying to decide which evidence to admit to the trial, one of the lawyers
received a letter containing important evidence for the case.
The actions in the above sentence are subsequent;
The action expressed by the second verb interrupts the action expressed by the first verb.
4 The two solicitors had tried to convince their clients to settle the dispute but finally they realized
that such an agreement was in fact impossible.
Past perfect is used to indicate anteriority;
Past perfect indicates that the actions in the example given above are parallel.
5 - While the police inspector was discussing with the neighbours, the coroner was examining the
position of the victims body.
The actions were simultaneous;
Past continuous can be replaced with past simple in the example given above.
6 What had been your job responsibilities before you started working for the Public Prosecutors
Office?
The actions above were parallel;
Past perfect is used to indicate anteriority.
7 While he was listening to the witnesses testimony, it occurred to the judge that new connections
could be established between the elements of the case.
The actions were subsequent;
The actions were simultaneous.
8 - They'd been hearing her testimony for 20 minutes when an unexpected event happened.
The first action was interrupted by the second one;
The first action was antherior.
9 - He interviewed the client, gathered all the evidence, including the affidavits, and then drew up the
brief.
The actions were parallel;
The actions happened in sequence.
10 The barrister was going to read the letter which the accused had sent to the victim.
The barriseter read the letter;
The barrister was about to read the letter.
I. 4. EXPRESSING FUTURE
In English future can be expressed in several ways depending on the speakers intention to
express:
- a simple future fact (shall - for 1st / 2nd persons, sg. and pl. OR will - for 3rd person sg. / pl. + short
infinitive);
- a plan perceived as an intention (to be going to + short infinitive);
- an action which is about to happen (to be going to + short infinitive);
- a certain prediction (to be going to + short infinitive);
- an uncertain prediction (will + short infinitive);
- an arrangement (present continuous: am/is/are + VB -ing);
- an action which is in progress at a certain moment in the future (future continuous: will be + VB-
ing);
- a future action that is complete before a certain future moment or before another future action (future
perfect: WILL HAVE + Past participle).
FORM: SHALL (1st & 2nd persons sg. or pl.) / WILL (3rd person sg. or pl.) + SHORT
INFINITIVE
-> a future fact: The Day of Europe will be on Monday. (This is a simple future fact; the speaker
cannot control/influence the occurrence of this event);
-> an uncertain prediction: We hope that our partys candidate will win the elections. (We cannot be
absolutely sure that this will happen; we only hope this will happen; exit poll results are also very
tight);
-> a spontaneous decision: ll (instead of shall/will): used in conversations.
E.g.: We do not know how to settle this dispute.
Ill help you. Im familiar with settling this kind of disputes.
E.g.: We are having a business meeting at 10 am; this was established at the previous meeting.
-> in if-clauses (introduced by if, unless, provided that, on condition that): If you take part in this
action1/ or promise to take part2/, you will be considered an accomplice3./;
-> in adverbial clauses of time (introduced by as soon as, until, before, after, when, whenever, once
etc.): As soon as the trial starts1/, you will have to be present in court2./;
-> for expressing actions that are part of an official programme (such as transport schedules, conference
programmes, competition programmes, etc.):
Future Continuous is used to describe an action that is in progress at a certain moment in the future.
The future point in time when the action is in progress may be mentioned explicitly in the context or it
may be deduced.
E.g.: This time tomorrow the students in my group will be studying about double jeopardy.
When we arrive at the office, our colleagues will be discussing about the details of this case. Lets
hurry up or well get there too late!
Future perfect simple is basically used to refer to a future action that is finished before another future
action / a future period is over.
E.g.: By 2018 I will have become a member of the Bucharest Bar Association. At least I hope so.
Test 1
1. You have written in your statement that you are leaving next Friday! However, we have to know
when (you/get back).
a. are you getting back;
b. you are getting back;
c. do you get back.
2. According to the timetable the train arrives at 9 o'clock. But what time (it/depart)?
a. it departs;
b. does it depart;
c. will it depart.
3. You have a lot of pieces of luggage in the hall. (you / make a trip)?
a. Will you be making a trip;
b. Will you make a trip;
c. Are you going to make a trip.
4. Look, the suspect is carrying a gun. (he/shoot)?
a. Will he shoot;
b. Is he going to shoot;
c. He will shoot.
5. I'd like to start investigations this afternoon. (you/do anything) after 2 p.m.?
a. Do you do;
b. Will you do;
c. Are you doing anything.
6. Well try to apprehend the suspect in the airport. What time (plane/arrive)?
a. will the plane arrive;
b. does the plane arrive;
c. the plane arrives.
9. Does anyone happen to know when the programme of the court (start) tomorrow?
a. is going to start;
b. will start;
c. starts.
10. Take all the necessary measures before trying to negotiate with the hijackers. It (be) a hard day.
a. will be;
b. is going to be;
c. shall be.
11. Try not to be late! You know that the suspect usually (show up) in the area at 9 a.m.
a. is going to show up;
b. will be showing up;
c. shows up.
12. We (to interpret) the available evidence with the help of these specialists.
a. are going to interpret;
b. will have interpreted;
c. shall interpret.
13. The flight number CA 253 (take off) at 12.00.
a. takes off;
b. will take off;
c. is taking off.
15. I can't leave the city for 30 days. I (to spend) all the next 30 days at work and at home.
a. am about to spend;
b. will spend;
c. will be spending.
Test 2
3. The contract must also include a clause for force majeur situations.
I __________ such a clause immediately.
a. 'll insert;
b. 'm inserting;
c. 'm going to insert.
9. Have you decided what law firm you will choose for internship?
Yes, __________ with Ionescu & The Associates.
a. I will work;
b. Ill work;
c. I am going to work.
10. By the end of this semester I all the course and seminar bibliography.
a. will revise;
b. will be revising;
c. will have revised.
11. In 20 minutes time we for the trial to come to an end for almost 2 hours.
a. will have been waiting;
b. have been waiting;
c. are waiting.
12. We are already 10 minutes late for the exam. When we get into the amphitheater, all our colleagues
their answers.
a. will write;
b. will be writing;
c. will have been writing.
Test 3
4 Im going to study law but I havent decided what university I should go to.
This is an intention;
This is a future fact.
5 I dont know what to say about their company; anyway, I hope well have a good collaboration.
ll indicates an uncertain prediction;
ll indicates that the speakers opinion is expressed spontaneously.
6 What are you doing this summer holiday now that you are a graduate?
The speaker should have used simple future instead of present continuous;
The speaker wants to know the collocutors plans.
10 - Are you going to support your workmate in court or give him up?
The speaker considers that the collocutor has made up his/her mind;
The speaker considers that the collocutor has not made any decision yet.
Test 4
1 Once we all the data from the laboratory, we will be able to draw a conclusion.
have;
will have.
4 - If we come across any difficulties during the trial, we ____ hire specialists from another law firm.
have to;
will have to.
6 Now that the culprits illegal deeds are beyond any reasonable doubt, Im positive he ____ spend
all his life in prison.
is going to;
will.
8 Our barrister ____ represent you in court, dont worry about that.
is going to/will;
will.
9 .. the Annual General Meeting (AGM) at 10 a.m. on Friday 10th of May. That is why I am
not free.
We are holding;
We will hold
is sometimes used to express a message in a clearer way than in the active voice:
Compare:
E.g.: He was defended in court by a litigator working for one of the most famous law firms in
Bucharest. - > passive
with
A litigator working for one of the most famous law firms in Bucharest defended him in court. - >
active
= > The first sentence (expressed in the passive) is clearer because it brings into evidence the subject
and the action in which he was involved, whereas the second sentence has a subject about whom too
much information is given so that the meaning of the entire sentence is hard to understand.
can be used sometimes in sentences in which the subject intends to avoid assuming
responsibility for the actions taken:
E.g.:
Passive: The Minister of Finance was advised (by his counselors) not to approve the modification of
the tax system.
Active: The counselors advised the Prime Minister not to approve the modification of the tax system.
! A sentence with the verb in the passive voice will not always include the agent of the action.
Thus, the above sentence can omit the agent by his counselors.
Passive voice can also be used to draw attention to the person or thing acted upon:
The bank account [subject] was broken [passive verb] a few hours ago.
! Pay attention to the fact that only transitive verbs can be transformed into passive
constructions.
1) The lawyer filed an application for just satisfaction to the ECHR (The European Court of Human
Rights). -> The above sentence has the verb in the active voice and filed is a transitive verb, i.e. it is
followed by an object. This means that the above sentence can be transformed into the passive voice:
->Passive voice: An application for just satisfaction was filed to the ECHR by the lawyer.
! It is advisable not to use active and passive constructions in the same sentence.
Thus, instead of saying: "The Prime Minister approved the new governing programme, and the
new economic policy was improved" say: "The Prime Minister approved the new governing
programme and improved the new economic policy." or The new governing programme was approved
and the new economic policy was improved.
infinitive phrases:
gerunds:
Being drawn up for foreign commercial transactions, this contract draft is not fit for purchasing
properties in Romania.
! However, sometimes there are a few disadvantages to using the passive voice:
- a sentence expressed in the passive voice may sound formal and rigid (in this situation, it is better to
express that sentence in the active voice):
Passive: Witnesses were invited for being subject to interrogation by prosecutors.
Active: Prosecutors invited witnesses for being subject to interrogation.
- in certain contexts it is vital to mention the logical subject (active subject) of the sentence:
Passive: The fence was damaged in yesterdays car accident.
Active: The red Volkswagen car (no. V 15 379) damaged the fence in yesterdays accident.
Students who are not sure about the way active verbs are transformed into the passive may use
the chart on the next page.
REVISION OF ENGLISH ACTIVE AND PASSIVE FORMS
TENSE ACTIVE VOICE PASSIVE VOICE
Present simple The President promulgates the The law is promulgated by the President.
law.
Past simple The Constitutional Court This legal matter was adjudicated on by
adjudicated on this legal matter. the Constitutional Court.
Future simple If they meet these conditions, the If these conditions are met, the bill will be
MPs will adopt the bill. adopted by the MPs.
Present continuous He is serving his sentence in a The sentence is being served in a
maximum security prison. maximum security prison.
Past continuous When we arrived, the judge was When we arrived, the sentence was being
passing the sentence. passed.
Present perfect The Parliament has amended this This law has been amended by Parliament
law recently. recently.
Past perfect The lawyer had drawn up the The brief had been drawn up by the
brief by the time I phoned him. lawyer by the time I phoned him.
Future perfect By 2015 Romanian courts of law By 2015 the jurisprudence of Romanian
will have brought their courts of law will have been brought into
jurisprudence into line with EU line with EU judicial practice.
judicial practice.
! In English, when the subject is not able / qualified to perform a certain task, he/she must use the
services of a specialist in the area. In such a situation, passive voice is also expressed by means of the
following construction:
E.g.:
Romanian -> n urma accidentului m-am operat la genunchi. oferul acuzat de neglijen a suportat
toate cheltuielile interveniei medicale.
English -> Afet the accident I had my knee operated. The driver who was accused of negligence paid
all the health care costs.
Test 1
PASSIVE VOICE
Test 2
1 It has been mentioned that not all the requirements have been met, the lawyer commented when
referring to the signed contract and his partys professional performance.
The speaker uses the passive because he wants to sound formal;
The speaker uses the passive because he wants to sound informal.
2 The judges career is said to be exceptional.
The speaker makes reference to the general impression regarding the judges career;
The speaker wants to express his perception regarding the judges career.
3 - The evidence is being analysed.
The evidence is analysed;
The evidence has not been analyzed yet.
4 She is believed to be a great coroner.
The speaker is sure that she is a great coroner;
The speaker is not certain about this statement.
5 The case may be settled; both parties want to avoid going before the court.
May be settled indicates a possibility;
May be settled indicates a certainty.
6 - The rules of the court must be obeyed by all participants in the trials.
Passive voice expresses a general requirement;
Passive makes the expressed requirement sound more formal and, thus, polite.
7 Their house was broken into.
Passive voice is used here to bring into evidence the logical subject of the sentence;
Passive voice is used in order to bring into evidence the grammatical subject.
8 The law was enacted in 2004.
Passive is used because we do not know the agent of the action (the logical subject);
Passive is used to emphasize the first word in the sentence (the grammatical subject).
9 - 'The Romanian Constitution of 1991' was written by Antonie Iorgovan.
Passive voice emphasizes the name of the father of the 1991 Romanian Constitution, Antonie
Iorgovan;
Passive voice emphasizes the word Constitution.
10 He was known as a left-handed person.
This is an individual conviction;
This is a general opinion.
11 The prisoner was pardoned by the President in 2001.
The emphasis is on the prisoner and not on the President;
There is no difference as regards the emphasis of the two terms: President or prisoner.
12 The prisoner was acquitted thanks to the newly found evidence.
The speaker insists on the evidence;
The speaker insists on the prisoners fate.
Test 3
CAUSATIVE VERBS
Question tags are usually translated into Romanian by nu-i aa?. They are made up of two
parts: a positive / negative sentence and a question (preceded by a comma) that has the role of
reinforcing the former statement. The general rule is that the question tag always contains the
opposite form of the main verb (thus, if the main verb is in the affirmative, then the verb in the
question tag will be negative and vice versa). It is also important to notice that verbs used in
question tags have the same tense as the main verb.
Before doing the test included in this unit, consider the examples below:
E.g. He is a brilliant judge [statement], isnt he? [question tag separated by comma]
She can write extraordinary speeches, cant she?
They wont refuse us this little favour, will they?
You havent forgotten to phone my secretary, have you?
They had never been there before, had they?
The lawyer linguist speaks at least two foreign languages very well, doesnt he?
You interrogated all the suspects, didnt you?
! For the verb to be, when used in the affirmative with the first person, singular, the question tag will be
arent I?
E.g.: I am well qualified for this position, arent I?
Test
The rules which govern the sequence of tenses are basically 3 (corresponding to the three
segments of time within which one / more actions may occur), and they stem out of the logical relations
between independent and dependent clauses in a sentence.
A. The action expressed by the verb in the main clause is in a present tense (any present tense).
= > the verb(s) in the secondary clause(s) will be in any tense that is required by the given context
(present/past/future):
E.g.: The judge is wondering whether -> the lawyer is trying to mislead the witness.
-> the lawyer tried to mislead the witness.
-> the lawyer will try to mislead the witness.
B. The action expressed by the verb in the main clause is in a past tense (any past tense).
= > the verb(s) in the secondary clause(s) will be in a past tense that is required by the given context
(simple past, past perfect, future-in-the-past):
E.g.: The instigator did not think for a second that his words would make the author of the crime act
with such cruelty. (Future-in-the-past is used to indicate that the action expressed by the verb in the
secondary clause - would make - is subsequent to the action expressed by the verb in the main clause -
did not think);
E.g.: The accessory to the fact was aware that his acts had facilitated the completion of the offence to
a great extent. (Past perfect is used to indicate that the action described by the verb had facilitated
was prior to the action expressed by the verb was aware);
E.g.: When I called the police, I knew that the chances we had to apprehend the offenders were
insignificant. (Only past tense is used to indicate that the enumerated past actions were parallel)
If the verb in the secondary clause expresses a general truth, this verb will be used only in the
present tense simple (even if the verb in the main clause is in the past).
E.g.: The professor told us [past tense Main Clause] that the penalty applied for second degree
murder is at least 15 years imprisonment [present tense Secondary Clause].
If the secondary clause contains a modal verb which does not have a past form, the modal verb
remains unmodified (even if the verb in the main clause is in the past):
E.g.: They knew [past tense Main Clause] that they should consult a lawyer ex officio [modal
verb should remains unmodified Secondary Clause].
C. In adverbial clauses of time and condition future tense is never used, while in the main clause
simple future is often used.
E.g.: If we identify new evidence before the next deadline established by the court, we will stand a
chance to win the case.
After you are called to the Bar, you will be able to plead in court.
Test 1
2. While the case is being judged, we will have time to search for other clues.
3. It isn't necessary to work so hard these days because so far we have advanced in our investigation to
a serious extent.
4. Before you begin collecting information about the foreign agent, you will probably intend to read
this presentation of him.
5. I would like to apply for this position but, unfortunately, I don't have enough experience.
6. No matter what you have decided to do about the facultative and optional courses, I am determined
to attend at least one of them.
7. Teenagers will stop consuming drugs only when they understand the risks that drug consumption
poses to anyone.
8. Since most students fail to pass this exam, we have already started to revise for the test.
9. Until he proves that his guilt is beyond any reasonable doubt, the judge cannot consider his acquittal.
10. It was then when we decided to ensure special protection to the suspects who were remanded in
custody for political corruption offences.
Test 2
1. The victims parents declared that they (be) not ready to talk to the offender at that moment.
2. The politician said that he (know) how the events (be depicted) in the mass media.
3. In the statement he said that he (just, get back) from a trip when the murder was committed.
4. The officer didn't notice when the patient (leave) the ward.
5. You promised you (send) us an email as soon as you (arrive).
6. The former party leader didn't want to accept that most of his supporters (declare) - when asked
by Exit Poll representatives - that they no longer (trust) him due to the previous night events.
7. I didn't say that I (not like) criminal law; on the contrary, I find it simpler and more interesting
than civil law.
8. Everyone hoped that the economic crisis (be) over in 5 years at the latest.
9. She confessed that she (be) in the building for 2 hours when the burglars held up the bank.
10. The HR Manager said he (not consider) that this position (need) to be filled in by a new
employee.
Test 3
1. I knew that she the conference before, so I asked her to give me some advice about it before I
submitted my research paper for evaluation.
a) has attended b) has been attending c) attended d) had attended
3. When I started to work as an in-house counsel for this firm, I in Bucharest for many years.
a) live b) have lived c) lived d) had lived
4. The counsel for the defense and the prosecutor realized that the offender to influence one of the
jurors.
a) tries b) is trying c) has been trying d) was trying
6. We asked her whether she , but we realized that she was afraid to do that.
a) testifies b) is testifying c) will testify d) would testify
7. She declared that the offender attacked her when she for the key to her house.
a) looked for b) has looked for c) was looking for d) had looked for
10. Yesterday the constitutional law professor told us that the Romanian Constitution of 1923 one of
the most modern constitutions in the world at that time.
a) is b) was c) has been d) had been
Test 4
Choose the right answer:
Many law firms expected _____ promising changes thanks to the newly adopted legislation.
My colleague would like _____ for a law boutique for the rest of his career.
Thanks to his experience the judge saw what solution he ______ for that case.
The manager declared that a number of factors ______ to the insolvency of his company.
Due to the financial crisis, the board of directors ______ to make investments in developing countries.
Many young lawyers are unemployed now because the number of law graduates
___________considerably in the last 10 years.
When an offender decides to collaborate with authorities, he _______ that he can negotiate a remission
of the penalty.
Unless a clerk receives proper training, he / she __________ work in a good law firm.
However, if you do not make a good impression at an interview, it is hard to say that you ________
a good job.
We ________ that being the largest company on the Romanian market would be enough to win
this complex case.
have thought thought had thought
V.1. Introduction
Reported Speech or Indirect Speech is used to give information about what a person (more
persons) said within a clearly defined context. In general when reporting what a person said we use past
tenses for we refer to a past context within which the statement was made. However, sometimes it is
possible to report a persons words in the present, especially when similarly witnessing and reporting
that persons words.
Indirect Speech is introduced by reporting verbs, such as: say, tell, ask, exclaim, wonder, order,
state, deny, etc.
Basically, there are two rules that are applied when using reported speech:
1) The reporting verb is in the present tense. This implies that the tense/tenses used in direct speech do
not modify:
direct speech: I am studying law.
reported speech: She says she is studying law.
However, the 'person' is modified; 'I' becomes 'she'. We also may need to change words like 'my' and
'your'.
2) But, if the reporting verb is in the past tense, this implies that the tense(s) used in the direct speech
are modified:
direct speech: I am studying law.
reported speech: She said she was studying law.
Below you can find a chart which illustrates tense changes (backshift) from direct speech to
reported speech due to the fact that the reporting verb is in the past.
DIRECT
SPEECH DIRECT SPEECH REPORTED SPEECH
TENSE
I am interested in reading He said (that) he was interested in reading about
Present simple about EU law. EU law.
Present They are running this She said they were running that investigation in
continuous investigation in collaboration collaboration with the IT department.
with the IT department.
Past simple I bought a book on common She said she had bought a book on common law.
law.
Past continuous I was talking about a different He said he had been talking about a different legal
legal matter. matter.
Present perfect We havent managed to find They said they hadnt managed to find any clue of
any clue of late. late.
Past perfect* I had come across such cases She said she had come across such cases before.
before
Will
Ill try to contact you later He said he would try to contact me later.
Would* If I were you, I would insist She said that if she was me, she would insist more.
more.
Can We can guarantee the success They said they could guarantee the success of their
of our attempt. attempt.
May
I may be wrong. He admitted that he might be wrong.
Could* I could* settle the dispute but I She said she could settle the dispute but she
need your support. needed our support.
Should* I should* adopt a different She said she should adopt a different attitude.
attitude.
Might*
I might* be wrong. She admitted that she might be wrong.
Must We must help anyone in They said they must help anyone in need OR They
need. said they had to help anyone in need.
* The modal verbs marked with an asterisk note do not change when used in indirect speech.
E.g.:
Direct negative imperative sentence: Do not run away from the scene of the crime! she
advised the driver.
Indirect imperative sentence: She advised the driver not to run away from the scene of the
crime.
Test 1
3. Were hearing the witnesses testimonies and we cannot interrupt our activity!
They said______________________
8. I can represent you in court next month; these days I have a lot of work to do.
The barrister said ______________________________
9. You should try to obtain the ILEC certificate before trying to find a job.
He told me _____________________________
13. As a trainee lawyer I could settle simple legal matters; now I am involved in settling difficult
litigations.
He said _____________________________
14. I was turning on the light when the thief ran away; I could hear him slam the window.
The woman said _____________________________
Test 2
4. I would have passed the Roman Law exam if I had studied harder.
She ________________________________
10. Could you help me write the pleading for the competition, please?
He _____________________________
12. Where do you hope to find work after graduating the faculty?
She _______________________________
Test 3
7. Where are you going to work after graduation: in a law firm or a court of law?
He asked me ______________________________
10. How many times a semester do you have civil law seminars?
She asked me ______________________________
VI.1. Introduction
When using IF-Clauses, students are often not attentive to their meanings and the tenses used in
them. However, students can consult the following chart whenever they are unsure about what tenses to
use in IF-Clauses, as well as in the main clause of the sentence.
Note that after IF, will / would are NOT used to talk about future; present tenses or past
tenses are used instead.
You must remember that the tenses used in the main clause are: will / would / could / might
+ short infinitive / perfect infinitive.
No matter if you start a sentence with the main clause or with the if-clause, you must be
attentive at the tenses you use in each clause.
0 General truth If you infringe the you must accept the legal
law, consequences of your deeds.
1 Real & present If you work hard, you will succeed.
condition
2 Hypothetical present If I were you, I would go to the court and
condition testify.
3 Hypothetical past If I had been present I would have refused to
condition at the meeting vote for the adoption of this
yesterday, decision.
In conditional clauses with if or unless (= if not) we often use the present tense forms to talk
about the future:
- Correct: We wont stand a chance to win the case if they pay Mr. Griffith to represent them in
court.
- Wrong: We wont stand a chance to win the case if they will pay Mr. Griffith to represent them in
court.
- Correct: If the judge admits this evidence in court, we will convince everyone that you are not
guilty.
- Wrong: If the judge will admit this evidence in court, we will convince everyone that you are not
guilty.
! Apart from if and unless, conditional clauses are also introduced by provided that and on
condition that or in case.
E.g.: The payment will be made on the last day of every month provided that the merchandise is
delivered to the purchaser in time.
E.g.: It is good to include this clause in the sale contract in case the potential buyer is late in
making the full payment to you as a seller.
REMEMBER
The same rule (using present tense forms to talk about the future) is applied after time words
like before, after, when, until / till:
E.g.:
Well have the Annual General Meeting after/when the Managing Director returns to Bucharest.
The defendant must remain in custody until the prosecutors decide that this is no longer necessary.
We can only use will after if / unless when will means a kind request / a promise / an offer:
E.g.:
If you will be so kind, could you announce the team leader that I phoned him?
If you will join our team, we could have more chances to have the file ready in time.
Some clauses with if refer to imaginary or hypothetical situations. That is why English speakers
use past tense simple / continuous to talk about the present / future, respectively past perfect simple
to talk about the past.
E.g.: If we were American citizens, we could vote in that country. (BUT we are not American citizens
and, consequently, we cannot vote in that country)
E.g.: If you were speaking in Polish now, nobody would understand a word. (Luckily, you are not
speaking in Polish and, thus, everyone can understand you)
In order to indicate that we are convinced or suppose that something will not happen:
E.g.: Professor Constantinescu would gladly participate in this conference if he was in Bucharest next
month. (Professor Constantinescu cant participate in this conference because he will not be in
Bucharest next month)
E.g.: We would sign the contract if you agreed with our clause. (We wont sign the contract because
you dont agree with our clause)
E.g.:
If we gave them this information, they would help us solve the other case.
If he behaved well in prison, he could have his sentence remitted. (Causative have)
To express regret about an action that happened in the past. Usually, a modal verb is used in the
main clause (e.g.: could, may, might):
E.g.: If you had been able to calm down, you could have explained them what was going on. I think
that now its too late for regrets. (You were not able to calm down, and, thus, you couldnt explain
them what was going on)
To indicate that something could have been done but now its too late to do anything in this
respect:
E.g.: If I had graduated the Faculty of Law, I could have become a legal adviser. (This means that I
didnt graduate the faculty of law and, thus, I couldnt become a legal adviser. In other words, I have a
different job at present)
a. If he had been assaulted by the other party first (PAST CONTEXT), we could talk about
mitigating circumstances (PRESENT HYPOTHETICAL CONTEXT). Unfortunately, this didnt
happen, so we cannot talk about mitigating circumstances.
If he had been assaulted by the other party first, we could talk about mitigating circumstances.
PAST CAUSE PRESENT EFFECT
b. If he hadnt exceeded the speed limit, the accident wouldnt have occurred. (Unfortunately, he
exceeded the speed limit, and, thus, the accident occurred)
If he hadnt exceeded the speed limit, the accident wouldnt have occurred.
PAST CAUSE PAST EFFECT
=> example a. is a mixed conditional for it refers to both a past and a present context, while
example b. is a type III conditional for it only refers to a past context.
Conditional types 2 and 3 are often expressed using inversion. This implies omitting IF in the
secondary conditional clause and using inversion of subject and predicate in the same secondary clause.
Conditional type 2:
Instead of saying: If we set up a limited partnership, profit and loss liability would be shared
according to the percentages established in the partnership contract, many speakers prefer to say:
Should we set up a limited partnership, profit and loss liability would be shared according to the
percentages established in the partnership contract.
Conditional type 3:
Instead of saying: If we had invested in this public acquisition, we would have obtained a
considerable profit, many speakers prefer to say: Had we invested in this public acquisition, we would
have obtained a considerable profit.
Test 1
1 - If you recognize your deed, you ____ from a remission of the penalty.
benefit;
will benefit.
10 - What _____ if we had lost the case in the court of first instance?
would happen;
would have happened.
Test 2
3 Would you testify against your brother if you knew he was guilty?
This is a present and real situation;
This is a hypothetical situation.
4 Should you find him / if you should find him, let him know about the trial term.
The use of should signifies that this action is quite unlikely to happen;
The use of should does not imply a degree of uncertainty as to the action.
6 - But for your legal advice, we would have lost the case.
But means here without and it is used to indicate that the speaker benefited from legal advice;
The speaker didnt benefit from legal advice.
7 - If I told you what I know, would you guarantee me that Ill be free?
The speaker is determined to say what he knows;
It is possible for the speaker to say what he knows but he doesnt know if its a good idea.
8 - As long as you do not infringe the law, no one will ever fine or imprison you.
The observance of the law is the basic condition for not being criminally prosecuted;
As long as does not introduce a condition in this sentence.
11 But for the police intervention, the hostages would have been killed.
But for means here if the police hadnt intervened;
But for means here if the police doesnt intervene.
12 - If you want to become a good solicitor, you should work with a practicing solicitor for at least 3
years.
This is a piece of advice;
This is an obligation in Romania.
13 We will need the advice of a more experienced lawyer in case my defense strategy proves
inefficient.
This is about the present;
This is about the future.
14 - Had I hurried to lodge an appeal, the decision of the court could have been reviewed.
This is a present possibility;
This is a past possibility.
15 - Provided you comply with the provisions of the contract, there should be no legal problems
between you and the buyer.
The speaker is pessimistic about his clients compliance with the contract provisions;
The speaker expresses a condition upon which the success of the transaction depends.
16 My client will accept this clause on condition that you agree to negotiate with us the price of the
merchandise.
The speaker expresses a wish;
The speaker makes a suggestion.
20 - Unless you file the complaint now, you won't be able to sue him.
Theres no deadline for filing the complaint;
Theres a deadline for filing a complaint.
21 - If you drink and drive and get caught, you can say good bye to your driving license.
This is a general rule;
This rule refers to the future.
2 - If you ...... to say the truth and nothing but the truth and then you lie, you are accused of perjury.
will swear;
swear.
4 - Unless you ...... two foreign languages fluently, you will have no chance to obtain a good job.
speak;
don't speak.
5 -........ the notion of relapse into crime, I'd have explained it to you before the exam started.
Were I to understand;
Had I understood.
7 In case you........any questions regarding the statute of refugees in our country, contact me and I will
take you to the Romanian National Council for Refugees.
will have;
have.
8 - Provided you ....... to take legal action against your business partner, do not hesitate to contact us!
Our firm has a lot of experience in commercial disputes.
will decide;
decide.
10 - ........we strive to cut down the unnecessary expenses, we wont succeed in preventing the
liquidation of our company.
Unless;
If.
11 -.........I had known who was behind the plot, I'd have taken the right measures immediately.
Unless;
If only.
13 - ........an article of the European Convention on Human Rights, you would be liable for that.
Had you violated;
Were you to violate.
14 - ....... him guilty of treason, he will probably spend all his life in prison.
If the court will find;
Should the court find.
15 - If the price of the ordinary shares........ so low, I'd buy as many as I could.
remains;
remained.
17 -........ you set up a limited partnership if all your potential clients agreed with the conditions that
you suggested?
Would;
Do.
18 If you decide to set up a sole proprietorship, you prepare a file with a set of documents.
ll have to;
would have to.
19 If youa private limited liability company, you wont risk to lose more than you invested in the
business.
have;
had.
21 - What sentence........you pass if you were asked to adopt a decision in this case?
will;
would.
22 If you to sign the partnership agreement, youll have to thoroughly read it.
will intend;
intend.
23 When you signed the contract, you ....... into consideration factors such as risk, delay and force
majeure.
should take;
should have taken.
24 If you intend to correctly negotiate the conditions of the contract, you ....... the advantages and
disadvantages of all options.
would point out;
should point out.
26 If the majority ......... with the modification that you suggested, it would be applied now.
agreed;
had agreed.
27 If I .........you, I would get enrolled in a masters degree study programme in humanitarian law.
were;
had been.
In English there are several types of infinitives. Consider the chart below:
Active forms Passive forms
- long infinitive: to alter, to repeal, to lay - long infinitive: to be altered, to be repealed,
down, to set forth, etc. to be laid down, to be set forth, etc.
- short infinitive: alter, repeal, lay down, set - short infinitive: be altered, be repealed, be
forth, etc. laid down, be set forth, etc.
- perfect infinitive: to have altered, to have - perfect infinitive: to have been altered, to
repealed, to have laid down, to have set forth, have been repealed, to have been laid down, to
etc. have been set forth, etc.
- continuous infinitive: to be altering, to be - continuous infinitive: to be being altered, to
repealing, to be laying down, to be setting be being repealed, to be being laid down, to be
forth, etc. being set forth, etc.
- perfect continuous infinitive: to have been - perfect continuous infinitive: to have been
altering, to have been repealing, to have been being altered, to have been being repealed, to
laying down, to have been setting forth, etc. have been being laid down, to have been being
set forth, etc.
E.g.:
Long infinitive
Active: MPs will have to alter this constitutional article according to the provisions of the new EU
treaty that our country signed last week.
Passive: This constitutional article will have to be altered according to the provisions of the new EU
treaty that our country signed last week.
Short infinitive
Active: MPs will alter this constitutional article according to the provisions of the new EU treaty that
our country signed last week.
Passive: This constitutional article will be altered according to the provisions of the new EU treaty
that our country signed last week.
Perfect infinitive
Active: By the end of this year MPs are supposed to have altered this constitutional article according
to the provisions of the new EU treaty that our country signed last week.
Passive: By the end of this year this constitutional article is supposed to have been altered by MPs
according to the provisions of the new EU treaty that our country signed last week.
Continuous infinitive
Active: At present MPs are known to be repealing all the articles that are not in conformity with the
new treaty that our country signed last week.
Passive: At present all the articles that are not in conformity with the new treaty that our country signed
last week are known to be being repealed.
Perfect continuous infinitive:
Active: They are supposed to have been repealing all the articles that are not in conformity with the
new treaty since last week, when the treaty was signed.
Passive: All the articles that are not in conformity with the new treaty are supposed to have been being
repealed since last week, when the treaty was signed.
In English long infinitive is used after verbs like: advise, agree, allow, arrange, ask, attempt,
decide, enable, encourage, expect, fail, force, forget, get, hate, help, hope, intend, invite, learn,
like, love, manage, mean, order, persuade, plan, prefer, promise, remember, remind, teach, tell,
tend, try, want, warn (not to), would like, would love, would prefer, etc.;
Short infinitive is used after: may, can, must, could, might, should, shall, will, make, etc.
B. ING nouns (gerunds) are used after verbs like: admit, avoid, begin, catch, consider, deny, detest,
dislike, enjoy, fancy, find, finish, hate, hear, imagine, keep, leave, like, listen to, love, miss, practice,
prevent, remember, risk, see, smell, start, stop, suggest, watch, wouldnt mind.
ING nouns / gerunds are especially used after prepositions or as subjects of sentences:
E.g.: We look forward to hearing from you. (the gerund is used after a phrasal verb)
E.g.: Travelling enlarges ones life experience a lot. (the gerund is in fact the subject of the sentence)
C. Clauses introduced by that: are used after verbs like: to admit, to agree, to answer, to argue, to
believe, to claim, to convince (somebody that), to complain, to decide, to deny, to expect, to explain, to
feel, to forget, to guess, to hope, to imagine, to inform (somebody that), to know, to mention, to
persuade (somebody that), to promise, to remember, to remind (somebody that), to reply, to say, to
suggest, to suppose, to tell (somebody that), to think, to understand.
That-clauses sometimes define nouns that are included in the main clause and are followed by
the verb to be:
E.g.: The fact is that the evidence we have will be insufficient to support our allegations.
The problem is that we will have no chance to avoid this incident.
"That" is often omitted after verbs like: admit, consider, deny, say, tell:
E.g.: The police constable told everyone (that) the criminal was apprehended.
E.g.: The judge considered (that) the offender presented social peril and consequently he refused to
release him on probation.
Test 1 - ING OR INFINITIVE
1 The secretary has made all the necessary arrangements for the meeting ____ in the conference
room.
to be being held;
to be held.
2 They were on the verge of ____ when we started the presentation.
arrive;
arriving.
3 The witness was about____ when the inspector entered the room.
confessing;
to confess.
4 They made us____ after we were given details regarding the sanctions provided for the offence we
committed.
to tell the truth;
tell the truth.
5 - She ordered those present ____.
be silent;
to be silent.
6 Ive decided ____ after all; Ive nothing to lose.
to testify;
testifying.
7 Are you so naive ____that one of your so-called friends might help you when you are in trouble?
to think;
to be thinking.
8 This issue is too difficult for us ____ it immediately.
to be solved;
to solve.
9 - It's advisable for you ____.
not to speak impolitely;
not speaking impolitely.
1 - She found it hard _____ to living in society after 10 years of confinement in prison.
to be used;
getting used.
to get used.
2 - Where did you prefer ____ when you were a student? At home or at the library?
to study;
studying.
3 - He _____ to being mistreated!
is not used;
doesn't get used;
has not been used.
4 - We ____ see each other at the office daily.
were used to;
used to.
5 As a trainee on this modest position, she had to get used to _____.
living from hand to mouth;
live from hand to mouth.
6 If you dont want to get a fine, you must get used to _____ with traffic rules.
comply;
complying.
7 In the first year of study we tried _____ used to a large number of difficult legal terms.
getting;
to get.
8 According to everyone, he _____ be a good husband and father.
is used to;
used to.
9 - It's not easy to ____ living in a prison.
getting used to;
get used to.
UNIT VIII - MODAL VERBS REVISION AND TESTS
VIII. 1. Introduction
E.g.:
The paralegal can help you write this complaint. (capability, offer to help)
All judges must observe the law in court. (obligation)
We should use all potential witnesses in this case if we want to have the slightest chance to win.
(advice)
The sentence may be pronounced in absentia. (allowance)
Thou shall not kill says one of the Ten Commandments. (order)
He would listen to everyone attentively before answering. (past habit)
Exceptions
- Have to and Need:
An officer has to wear a uniform most of the time.
The prisoner needs psychological counselling after having attempted to commit suicide.
E.g.:
The inspector had to re-interrogate all the suspects after finding the new piece of evidence. (In this
example had to is the past for of must/have to)
The counsel could build his strategy on the several pieces of evidence his client provided. (In this
example could is the past for of can).
Exceptions:
Need: She needed legal advice and thats why she phoned our law firm.
Have to -> see the first example given above at 2.
At the same time, students have to be careful when using indirect speech. As you remember, the
transformation of direct speech into indirect speech implies a set of modifications (such as:
modification of tenses, time expressions, adverbials of place, pronouns, especially when they are the
subject of the sentence). Consider the examples given below:
E.g.:
Direct speech: I cannot pretend to remember this detail because of the shock that I suffered last
week. the witness declared.
Indirect speech: The witness declared that she/he couldnt pretend to remember that detail because
of the shock that she had suffered the week before/the previous week.
Exceptions
E.g.:
You have to/will have to/had to swear on the Bible before testifying.
In a democratic society, citizens do not need to vote if they don't want to.
You ought to consult a lawyer if you intend to take legal action against your husband for partition.
Exceptions
- have to
- need
E.g.:
Do you really have to speak so loudly now that we have this row?
Did she need your help to obtain this vital information?
5. do not commonly use dont / doesnt / didnt for the negative form:
If you cannot support with arguments this statemet, youd better appologize for the allegations you
made.
You may not contact your family until this interrogation is over.
You must not consume or sell or produce drugs. Its against the law.
Exceptions
- have to
- need
E.g.:
You dont have to sign this statement if you dont want this person to be criminally investigated.
I didnt need to bring the case study yesterday (so I didnt bring it).
6. Students must pay special attention to the meaning of modal verbs when these are followed by a
perfect infinitive of the verb:
6.1. Compare:
You should consult a litigator. (Present/Future meaning; advice) -> Ar trebui s consuli un
avocat litigator. (sfat)
You should have consulted a litigator. (Past meaning; criticism) -> Ar fi trebuit s consuli un
avocat litigator. (critic)
6.2. Compare
They might take part in the proceedings. (Present/Future meaning; possibility) -> Este posibil ca ei
s ia parte la edinele de judecat. (Posibilitate)
You might have told us about this deadline. Now the manager will say that we didnt do our duty.
(Past meaning; reproach) -> Ai fi putut s ne informezi cu privire la deadline. Acum managerul o s
spun c nu ne-am fcut datoria. (Repro)
6.3. Compare
I could not settle the litigation in spite of all my attempts. (Past meaning; lack of capbility) -> Nu am
putut soluiona litigiul n ciuda tuturor ncercrilor mele. (Lipsa capacitii de a face ceva n trecut)
He could have driven more carefully. Now it is too late to be sorry. (Past meaning; reproach) -> Ar fi
putut conduce cu mai mult atenie. Acum este prea trziu pentru regrete. (Repro)
6.4. Compare
We would like to congratulate our students for their success at the moot competition. (Present
conditional) -> Am dori s i felicitm pe studenii notri pentru succesul lor la concursul de procese
simulate. (Condiional-prezent)
We would have participated in the competition if we had been properly trained. (Perfect conditional)
-> Am fi luat parte la concurs dac am fi fost pregtii n mod corespunztor. (Condiional-perfect)
6.5. Compare
They didnt need to come to the office for it was a national holiday. -> Nu au trebuit s vin la birou
pentru c era srbtoare naional. (Absena obligaiei n trecut; n consecin aciunea nu a avut loc)
They neednt have written the report for it was not compulsory. -> Nu ar fi trebuit s scrie raportul
deoarece nu a fost obligatoriu. (Dei a lipsit obligaia, aciunea a fost nfptuit)
CAN
They can help you settle this They were able to / could They will be able to help you
matter. (present capability) help you settle this matter. settle this matter.
(past capability) (future capability)
Can we write to our family They could leave early You will be allowed to drive
members after we are imprisoned? because it was a short day at a car when you are 18.
(asking for permission in the the office.
present) (past permission) (future permission)
Where can the escaped prisoner It could have been the They could come to the party
be hiding? servant who threw the tomorrow if you invite them.
document by mistake.
(present possibility) (past possiblity) (future possibility)
MAY
They may be at home now, but He may have entered the They may cope with these
Im not sure. I dont know their house with a copy of our difficulties unexpectedly well
programme precisely. key. This is only a in the future.
supposition, however.
(present possibility) (past possibility) (future possiblity)
MUST
Everyone must comply with the They had to comply with We will have to bring our
legal provisions in force. the rules imposed by the legislation into line with the
(strong general obligation) court. European law now that our
country has joined the EU.
I must help my friend now that he
is in serious trouble. (past obligation) (future obligation)
(inner obligation, nobody forces
me to do that)
Test 1
Test 2
Choose the right answer:
Test 3
1 - They ____ pretend to have all the necessary evidence to prove his negligence; however, I'm not sure
that this is true.
can;
may.
2 This piece of evidence ____ be admissible; however, the judge has the duty to check that.
can;
could.
3 - ____ you check the address of the suspect, please?
can;
may.
4 You ____ take a seat if you do not feel well.
may;
might.
5 If you want to ask a question, do it now as you ____ not do that once the competition starts.
may;
could.
6 Participants in a trial ____ disobey the judges orders.
may not;
must not.
7 Considering the way she answered, she ____ be one of the accomplices to the crime.
can;
could.
8 Im sure my client is honest; he _____ have lied and put the blame on his brother!
can't;
mustn't.
9 This letter ____ be written by Susan Clyde. A graphologist will establish that, anyway.
can;
may.
10 - ____ you tell me what the provisions of Article 20 of the Romanian Constitution are?
can;
may.
Test 4
Choose the right answer:
1 Police constables have been striving for a whole year to catch all the accomplices, but in vain; the
victims family ____ have lost all hope that justice will be done.
must;
may;
can;
should.
2 She doesnt have too many friends-she ____ be a very sociable person.
can't;
mustn't;
shouldn't.
3 The owner remembers that he saw his bike in front of the house in the morning. Someone____ it.
must steal;
must have stolen.
4 - He ____ be the author of this crime - he is known as a gentle and honest person.
mustn't;
can't;
shouldn't.
5 - Do you think you ____ help me with this difficult report?
can;
could;
are able to.
6 - I haven't decided what branch of law Im going to specialize in, but I ____ choose commercial law.
shall;
might.
7 - You ____ have reminded me of todays meeting! Being so busy and tired, I completely forgot about
it.
may;
might.
8 - ____ you have a happy life and a successful career as a litigator!
may;
might;
must.
9 - He ____ be lying; Im sure Jane couldnt have done this.
should;
must.
10 She is afraid to report the crime; she ____ have been threatened.
may;
can.
Test 5
Choose the right answer(s):
1 Citizens ____ bring cases before the courts of law whenever they consider that their rights and
freedoms have been aggrieved.
are entitled to;
ought to;
either could be used here.
2 - ____ ask for legal advice now that Ive been arrested?
can I;
am I entitled to;
mustnt I.
3 - We ____ not lodge an appeal against the judgment passed by the court of first instance, so we had to
accept the delivered judgment.
might;
could;
either could be used here.
4 - ____ I use the legal advice of another counsel?
ought;
may;
either could be used here.
5 - ____ you speak up, please? The courts clerk must write down your testimony.
could;
can;
either could be used here.
6 - You ____ talk to a member of your family until the criminal investigation is over.
shan't;
may not;
either could be used here.
7 - ___ you sign the affidavit after you read it once more?
can;
could;
either could be used here.
8 As you know, no one ____ take legal action in the absence of admissible evidence.
may;
might.
9 Juvenile criminals ____ be imprisoned together with the adults.
cannot;
might not.
10 - Prisoners ____ write to their families whenever they want to.
can;
might;
either could be used here.
Test 6
This unit focuses on practical aspects regarding everyday usage of English nouns, insisting on
those aspects that represent a common source of mistakes for Romanian speakers. Thus, this unit is
structured as follows:
A. Countable and uncountable nouns;
B. The noun and its determiners;
C. The plural of compound nouns and foreign nouns.
- can be used with -s in the plural; they are - cannot be used with s in the plural, and
called countable because they can be counted; cannot be counted3 unless they are used with
- all countable nouns are used with quantifiers;
determiners2 (articles, possessive adjectives, - can be determined by much / little / a lot of
numerals, quantifiers); (lots of) / some, etc.;
- some countable nouns are irregular (see the - cannot be determined by a / an except for the
next section in the unit). case when the definite article a/an is used in
front of a quantifier (a piece of, an item of, a
E.g. bar of, an act of, etc.);
brief (sg.) -> briefs (pl.) - are also known as mass nouns.
affidavit (sg. )-> affidavits (pl.) E.g.: some evidence
E.g.: a piece of evidence (sg.) -> (some, many,
a few, etc.) pieces of evidence (pl.)
COUNTABLE LEGAL TERMS UNCOUNTABLE LEGAL TERMS
brief, case, code, decision, directive, firm, evidence, information, justice, injustice,
judgment, law, lawyer, litigator, paralegal, jurisprudence (case-law).
ruling, sentence.
1
Uncountable nouns often refer to:
Substances: water; glass; oil; salt; bread; iron;
Human feelings or qualities: happiness; honesty; pride;
Activities: help; sleep; travel; work;
Abstract ideas: beauty; death; fun; life.
Other common uncountable nouns are: accommodation, luggage, news, furniture, traffic, money, homework, etc. Pay
attention to the fact that the word news is uncountable and is used with this form no matter if we use it with a singular or
plural meaning.
2
For more details, read section B. of the unit.
3
How can we count an uncountable noun?
Singular: a piece / an item of evidence, a piece / an item of information, an act of justice / injustice, a ball of string, a bar of
chocolate, a bar of soap, a block of ice, a flight of stairs, a heap of earth, a loaf of bread, a lump of coal (sugar), a slice of
bread, a sheet of paper, a strip of land, an article of furniture, a grain of wheat, a pile of rubbish, a blade of grass, a drop of
water, etc.
Plural: pieces / items of evidence, pieces / items of information, acts of justice / injustice, balls of string, bars of chocolate /
soap, blocks of ice, flights of stairs, heaps of earth, loaves of bread, lumps of coal (sugar), slices of bread, sheets of paper,
strips of land, articles of furniture, grains of wheat, piles of rubbish, blades of grass, drops of water, etc.
A.2. Other characteristics of countable and uncountable nouns:
2. Some nouns can be used both as countable and uncountable nouns (with a change in meaning):
E.g.:
a) Compare:
Time has been studied by both philosophers and scientists from different perspectives. with How
many times have you asked the offender to give up his plan?
In example 1, the noun time is uncountable for it denotes an abstract notion; in example 2, the noun
time refers to the number of times something happened and it is countable.
b) Compare:
Paper must be used economically. Thus, we can protect woods. with The Herald Tribune is a very
good paper.
In example 1 the noun paper is uncountable and it refers to the substance made from wood pulp; in
example 2 paper is countable and it is synonym with the word newspaper.
3. Some uncountable nouns end in s but are used with a verb in the singular:
- names of sciences which end in ics (criminalistics, ethics, mathematics, phonetics, linguistics) + VB
sg.:
E.g. Criminalistics is a vast domain.
- names of illnesses which end in -s: measles, mumps, rickets, shingles + VB sg.:
E.g.: Measles is a common illness for children.
- names of games which end in -s: billiards, draughts, dominoes, bowls, darts, cards, etc. + VB sg.:
E.g.: Billiards is a popular sport.
4. Some nouns are used with a plural form and are followed by a verb in the plural:
E.g.: annals, arms, ashes, belongings, binoculars, breeches, contents, credentials, customs, drawers,
dregs, earnings, fireworks, holidays, glasses, goods, jeans, manners, the Middle Ages, odds, outskirts,
pains, particulars, pincers, pliers, premises, pyjamas, quarters, remains, scales, scissors, shortcomings,
shorts, spectacles, suspenders, tweezers, tights, tongs, trousers, valuables, wages, whereabouts, wits,
etc. + VB. pl.
E.g.: The premises of our law firm are in Romana Square.
5. Collective nouns represent a particular category. They have a singular form; however, they are
either used with a verb in the plural or with a verb in the singular depending on whether they are
perceived as representing a unitary class / group or whether they refer to the members of the class /
group taken separately:
E.g.: audience, board, class, the clergy, committee, (the) Congress, crew, crowd, the elite, family,
government, group, herd, jury, majority, minority, Parliament, the Proletariat, the public, staff, team +
VB sg./pl.
Compare: The family is at home (the noun family is perceived as a unitary group) with The family
are at home. (the noun family refers to each member taken separately)
B. THE NOUN AND ITS DETERMINERS
Determiners are placed at the beginning of a noun phrase, which they describe as having a
specific or a general meaning. Thus, determiners are:
1) Specific:
the definite article: the;
the demonstratives: this, that, these, those;
the possessives: my, your, his, her, its, our, their, whose;
the interrogatives: which.
Specific determiners are used to indicate that the collocutor/reader knows or understands exactly
what the speaker / writer refers to:
E.g.:
Do you happen to have a copy of the Law on decentralization?
I have the original. Do you need this law these days? Im reading it for the administrative law exam.
Anyway, I want to help you and give you my material for the exam.
Which parts of it do we have to study?
Im afraid that you have to read and study it entirely.
Oh, God!
2) General:
the indefinite article: a; an;
indefinite pronouns used before nouns: any, another, other;
interrogatives: what.
General determiners are used to indicate that the collocutor/reader does not know or understand
exactly what the speaker / writer refers to. However, general statements are also expressed using plural
nouns which have no determiner or mass nouns. Consider the following examples:
E.g.:
A criminal expungement clears a persons criminal record.
Any lawyer would refuse to handle this case; it is absurd to refuse to tell the truth to your own counsel.
Juveniles often commit crimes under the influence of their close friends.
What should a judge do when an offender commits a crime for the first time and he is considered a
respectable person in a local community?
1. The indefinite article can be used with countable nouns; the term indefinite indicates that the
speaker (collocutor / writer) does not know the person or thing described:
The suspect is a 30-year-old man.
2. A/an indicates that there is one person or one thing, and not more of a group/category/class:
We are going to use a New Criminal Code starting with 2014.
3. A/an is never used with plural nouns or uncountable nouns:
He was wearing black-rimmed glasses. (glasses = plural noun)
We need evidence to prove her guilt. (evidence = uncountable noun)
4. The indefinite article is used before a noun which designates a profession:
She works as a public prosecutor.
The definite article is used in front of a noun which the collocutor/reader knows or is familiar
with.
THE is used in front of nouns which designate a unique position / institution, etc.:
E.g.:
The President is making a speech on TV right now.
The Constitutional Court adjudicates on the constitutionality of laws.
THE is used with some names of countries and islands, as well as with geographical names:
E.g.: The United States; the United Kingdom; the Netherlands; the Hebrides;
E.g.: The Carpathians, the Alps, the Danube, the Danube Delta, the Black Sea, the Indian Ocean, etc.
Quantifiers come before nouns to indicate the number of persons or objects that are mentioned
in a sentence or the quantity of a substance / liquid.
We use quantifiers with both countable and uncountable nouns. Consider the chart below to
revise the use of quantifiers with counts and uncounts.
QUANTIFIERS QUANTIFIERS
USED WITH COUNTABLE NOUNS USED WITH UNCOUNTABLE NOUNS
a lot of / lots of a lot of / lots of
all all
most most
many much
more more
enough enough
less less
several -
some some
both -
each -
every -
any any
none of / no no
either & neither -
few little
a few a little
quite a few quite a little
NOTE
! both, either and neither are used with classes of two persons / objects:
E.g. You can take up either of the optional courses (English or French).
We are going to insist on those aspects that represent a frequent source of mistakes for
Romanian speakers:
C.1. The plural of compound nouns;
C.2. Foreign plurals.
a. Compound nouns that contain a preposition add -s to the first noun / use a plural form only for the
first noun:
E.g.:
commander-in-chief -> commanders-in-chief
father-in-law-> fathers-in-law
looker-on-> lookers-on
man-of-war-> men-of-war
power of attorney -> powers of attorney
b. Compound nouns that are made up of two nouns add s to the last noun:
E.g.:
boy-friend -> boy-friends
maid-servant -> maid-servants
poet-laureate -> poet-laureates
step-son -> step-sons
c. Sometimes both nouns that form the compound noun take s in the plural:
E.g.: woman writer -> women writers
C.2. Foreign Plurals: some foreign plurals borrowed from Latin, Greek or French maintain the foreign
ending:
criterion: criteria
phenomenon -> phenomena
appendix -> appendices, appendixes
index: indices, indexes
bureau -> bureaux, bureaus.
EXERCISE 2: rephrase the following sentences using the quantifiers that you consider appropriate
from the following list: little, a little, quite a little, few, a few, quite a few, a lot of, much and many.
Sometimes it is necessary to transform an affirmative sentence into a negative one and vice versa in
order to preserve the original meaning of the sentences you rephrase.
1) Our colleague hasnt got much experience in insolvency cases. You should talk to Mr Garry who has
a lot of experience in the area.
2) We cannot understand much of this text. The handwriting is unclear.
3) A rather large number of offenders find it difficult to reintegrate in society.
4) Becoming a judge requires a rather large amount of studying.
5) Not many assistants spend as much time with their students as our civil law assistant does.
6) We dont have much hope of succeeding in this difficult attempt.
7) Our firm has invested a rather large amount of money in developing the debtors and creditors
department.
8) They have invited a rather large number of interviewees for this position; still they havent found a
proper candidate.
9) Tudorache and the Associates don't have many specialists in IP, whereas we have a large number of
specialists in this domain.
10) During this tough financial period not much money is invested in ordinary shares.
1
http://www.britannica.com/EBchecked/topic/128386/common-law accessed on 15th February 2013.
LIST OF IRREGULAR VERBS
C. Selective bibliography
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Klaus-Dieter Borchardt, The ABC of the EU Law, Luxembourg: Publications Office of the EU,
2010
Michelle, Cini, European Union Politics, Oxford: Oxford University Press, 2004
Ruth Colman, The Briefest English Grammar and Punctuation Guide Ever!,Sydney: University
of New South Wales Press Ltd., 2011
Stephen Curtis, Perfect Punctuation, Random House Books, 2007
Adam Czarnota, Martin Krygier, Wojciech Sadurski, Rethinking the Rule of Law after
Communism, Budapest: Central European Universtiy Press, 2005
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Local Governments, a co-publication of the World Bank and United Cities and Local
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Leslie Derfler, The Dreyfus Affair, Library of Congress: Greenwood Press, 2002
Vintil Dongoroz, Modificri aduse Codului penal i Codului de procedur penal prin actele
normative din anii1956-1960, Bucureti: Editura Academiei Republicii Populare Romne, 1962
Laura Empson, Managing the Modern Law Firm, Oxford: Oxford University Press, 2007
Stanislav Frankowski, Paul B. Stephan, Legal Reform in Post-Communist Europe, Netherlands:
Kluwer Academic Publishers, 1995
Mark Friedman, Genocide, London: Capstone Global Library Limited, 2012
David O. Friedrichs, Trusted Criminals. White Collar Crime in Contemporary Society,
Belmont: Wadsworth Cengage Learning, 2010
Denis J. Galligan, Daniel M. Smilov, Administrative Law in Central and Eastern Europe. 1996-
1998, Budapest: Central European University Press, 1999
Genocide. Conceptual and Historical Dimensions, edited by George J. Andreopoulos,
Philadelphia: University of Pennsylvania Press, 1994
H. Patrick Glenn, Legal Traditions of the World: Sustainable Diversity in Law, Oxford: Oxford
University Press, 2007
Ernst Haas, The Uniting of Europe: political, social, and economic forces, 1950-1957, Stanford
University Press, 1958
Jonathan Herring, Criminal Law. Text, Cases and Materials, Oxford: Oxford University Press,
2012
Brendan January, Genocide: Modern Crimes against Humanity, Minneapolis: Twenty-First
Century Books, 2007
Peter John, Local Governance in Western Europe, London: Sage Publications Ltd., 2001
Jonathan Law, Elizabeth A. Martin, A Dictionary of Law, Oxford: Oxford University Press,
2009
Albert S. Lindermann, The Jew Accused: Three Anti-Semitic Affairs (Dreyfus, Beilis, Frank)
1894-1915, Cambridge: Cambridge University Press, 1991
Doris Layton MacKenzie, Lauren ONeill, Wendy Povitsky, Summer Acevedo, Different
Crimes, Different Criminals: Understanding, Treating and Preventing Criminal Behavior,
Matthew Bender & Company, Inc., a member of the LexisNexis Group, 2006
Lucica Matei, Romanian Public Management Reform. Theoretical and Empirical Studies, vol.
1, Administration and Public Services, Bucureti: Editura Economica, 2009
John Henry Merryman, Rogelie Prez-Permodo, The Civil Law Tradition: An Introduction to
the Legal Systems of Europe and Latin America, Stanford University Press, 2007
Gunal Mettraux, Perspectives on the Nuremberg Trial, Oxford: Oxford University Press,
2008
Andrew Moravcsik, The Choice for Europe: Social Purpose and State Power from Messina to
Maastricht, Ithaca: Cornell University Press, 1998
Adam Przeworski, Democracy and the Limits of Self-Government, Cambridge: Cambridge
University Press, 2010
Rosamond, B., Theories of European Integration, Basingstoke: Palgrave Macmillan, 1999
Frank August Schubert, Introduction to Law and the Legal System, Boston: Wadsworth, USA,
2008
Studies in Law, Politics, and Society, vol. 52, Special Issue: Law Firms, Legal Culture, and
Legal Practice, edited by Austin Sarat, Bingley: Emerald Books, 2010
Aleksandr I. Solzhenitsyns The Gulag Archipelago, New York: Random House, 2011
Alexis de Toqueville, Democracy in America, Washington DC: Regnery Publishing Inc., 2002
Teodor Vasiliu, Codul Penal al Republicii Socialiste Romnia, Bucureti: Editura tiinific,
1972
Raymond Wacks, Law. A Very Short Introduction, Oxford: Oxford University Press, 2008
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