Unit 1
The Judiciary responsible to the Minister of Home Affairs.
1. The
re is no single Minister of Justice in Britain. Central
responsibility for the administration of the j u d i c i a l system
lies partly with the Lord Chancellor and partly with the
Home Secretary, the Secretary of State for Scotland, and the
Minister of Home. Affairs for Northern Ireland. Judges are
appointed by the Crown, on the advice of the Prime
M inis ter, Lord Chancellor or Secretary of Stale for
Scotland. A judge holds office until he retires, and his
j u d i c i a l independence is guaranteed. Magistrates are
appointed on behalf of the Crown by the Lord Chancellor, the
Secretary of State for Scotland, or the Governor of
Northern Ireland.
2. Law and Order
There is no single body of law in the United Kingdom.
There is, however, a similarity between, the separate
systems of England and Wales and of Northern Ireland. As
between the Scottish system and those of the rest of Britain
the differences are more extensive, although there is
substantial identity at many points.
3. A feature common to a l l systems of law in Br it ai n
is that there is no complete code. The sources of law include
legislation (Acts of Parliament and subordinate legislation
made under powers conferred by Parliament), and a large
amount of ' u n w r i t t e n ' or common law, gathered from
numerous decisions of the courts and other sources.
4. Another common feature is the d i s t i n c t i o n made
between criminal law (concerned with wrongs against the
community as a whole) and civil law (concerned with the
rights, d u t i e s and obligations of individual members of
the community between themselves).
5. The Police
Most prosecutions in England and Wales are i n i t i a t e d and
conducted by the police. The police service for Great Britain
is organized in a number of separate forces linked with the
local government and subject to the influence and control of
the Home Secretary and the Secretary of State for Scotland.
In Northern Ireland it is controlled by an Inspector-General, who is
6. In Scotland, the police make the preliminary investigations, but
the Public Prosecutor decides whether or not to prosecute. It is the law
throughout the United Kingdom that as soon as anyone is arrested, lie
must be charged and brought before the court with the least possible
delay. If he cannot be brought before the court within a day, he will
usually be granted bail.
(adapted from Britain In Brief, edited by the Central Office of
Information, London, 1969, pp. 9 and 12)
WORDS AND PHRASES:
judiciary n - magistratură, corpul judecătoresc
min is ter n - ministru
appoint v- a numi (într-un post)
guarantee v- a garanta
single adj- singur, unic
similarity n - asemărare
separate adj- separat
extensive adj- întins, extins; cuprinzător
feature n - trăsătură (caracteristică), caracteristică
subordinate adj- subordonat; subaltern
confer v- a conferi; a acorda
wrong n – nedreptate; eroare
throughout prep - pretutindeni; peste tot
delay n - întârziere
responsibility lies with the Lord Chancellor - răspunderea îi revine
Lordului Cancelar
Minister of Home Aflfairs -Ministrul de Interne
to hold office - a deţine o funcţie
on behalf of - în numele...; din partea...
to be concerned with - a se ocupa de
Unit 2 The Speaker is a member (proposed by the Government after
The Legislative consultation with the Opposition) who is acceptable to all shades of opinion
in the House. In carrying out his duties he is required to be impartial: he can-
not debate or, as a general rule, vote on a measure, and he sees that all points
1; The United Kingdom is a unitary, not a federal, state. All four of view have a fair hearing. In the House of Lords the Lord Chancellor
countries of the Kingdom - England, Wales, Scotland and Northern presides, but he has fewer powers than the Speaker in the Commons.
Ireland - are represented in the Parliament at Westminster (London), (from Britain in Brief,.., p. 4)
which is the supreme legislative authority in the United Kingdom.
2. Parliament consists of the Sovereign, the House of Lords and legislative n - legislativ
the House of Commons. The Sovereign formally summons and dis- summon v - a convoca
solves Parliament and generally opens each new annual session with a formally adv - formal, oficial
speech from the throne. The House, of Lords is" made up of hereditary sovereign n - suveran
and life peers and peeresses, including the law lords appointed to peer n - pair
undertake the judicial duties of the House, and the archbishops of appoint v - a numi (îh.tr-6 funcţie)
Canterbury and York, the bishops of London, Durham and Winchester undertake v - a întreprinde, a se ocupa de
and twenty-one senior bishops of the Church of England; its main archbishop n - arhiepiscop
function is to bring the wide experience of its members into the process suffrage n - sufragiu; (drept de) vot
of law-making. ultimate adj- final, fundamental
3. The House of Commons consists of 630 salaried members reside v - a locui; a consta, a sta în
elected by almost universal adult suffrage. It is in the House of peerage n - rang de pair; pairi
Commons that the ultimate authority for law-making-resides. Peerages enforce v - a aplica; a pune în vigoare
are conferred by the Sovereign on the advice of the Prime Minister. shade n - umbră; nuanţă.
Members of the House of Commons are elected at a General Election, debate v - a dezbate
which must be held every five years but it. is often held at more fre-
quent intervals. the Speaker - preşedinte al Camerei. Comunelor
4. The party which wins sufficient seats at a General Election to to enforce the rules - a pune în vigoare legi
command a majority of supporters in the House of Commons forms to pass the legislation - a vota legislaţia
the Government; its leading members are chosen by the Prime
Minister to fill ministerial posts. The party which wins the second
largest number of seats becomes the official Opposition.
5. Parliament's main functions are debating, passing legislation
and examining the actions of the Government. Most of this work is
carried on through a system of debates which is much the same in both
Houses except that in the House of Commons all speeches are
addressed to the Speaker who is elected at the beginning of each new
Parliament to preside over the House and enforce the rules of order.

Unit 3
Courts in the United Kingdom of Great Britain
1. Criminal Courts
Criminal Courts in England and Wales include: Magistrates' Courts
which try the less serious offences. The courts generally consist of two
to seven unpaid 'lay' magistrates known as justices of the peace, but in
some large cities professional magistrates known as 'stipendiaries', may
sit alone.
Courts of Quarter Session which try most of the serious offences.
These sit at least four times a year in the counties and boroughs and are
presided over by a bench of justices under a chairman.
Courts of Assize which try the gravest offences. These courts
are branches of the High Court presided over by High Court judges;
the Central Criminal Court in London at the Old Bailey is an assize
court, as are the Crown Courts at Liverpool and Manchester. All trials
at quarter sessions and assizes are held with a jury.
2. Civil Courts
The main courts of c i v i l jurisdiction in England and Wales are:
Magistrates' Courts, which have limited civil jurisdiction, mainly
related to domestic proceedings.
County Courts, which hear the most ordinary civil actions, and
the High Court, where the most important cases are heard and tried. The
High Court is divided into the Chancery Division, the Probate, Divorce
and Admiralty Division and the Queen's Bench Division, it forms part of
the Supreme Court of Judicature.
3. Appeal may be heard in the High Court. The more important
ones, however, come before the Civil Division of the Court of Appeal
(the other part of the Supreme Court of Judicature). A few are heard
before the House of Lords, which is the ultimate court of appeal in civil
cases throughout the United Kingdom.
4. In Scotland, civil cases of first instance are heard at the sheriff
courts (which in their civil capacity correspond roughly to the county
courts in England and Wales) and in the Outer House of the Court of
Session, which is the supreme civil court in Scotland.
5. According to the latest publications in English legal periodicals
or journals it appears that although certain courts exercise a purely civil
or criminal jurisdiction, many English courts hear both civil and
criminal cases.
As an «example, the House of Lords, the Court of Appeal or the High
Court hear both civil and criminal cases.
Another classification would be into Courts of First Instance in
which cases are heard for the first time and Appellate Courts in which
people appeal for reconsideration of the decision of the Courts of
First Instance.
(from Britain in Brief,.., p. 10)
WORDS AND PHRASES
try v- a judeca
borough n - oraş mic (reprezentat în parlamentul englez)
county n - comitat; ţinut
stipendiary n - magistrat
chairman n - preşedinte
assize n - şedinţă a tribunalului
assizes n - sesiune judecătorească
hear v-a audia
ultimate adj- ultim; final; fundamental
capacity n - capacitate; calitate
probate n — validare; procedură judiciară de atestare a valabilităţii unui
testament
Admiralty n-amiralitate, Ministerul Marinei (în Marea Britanie)
judicature n — corp judeăctoresc; administrare a justiţiei
bench n - bancă; magistratură; instanţă de judecată
roughly adv-aspru
roughly speaking - în linii mari
cases of first instance-cazuri la primă înfăţişare
lay magistrate - magistrat nesalariat
justice of the peace - judecător de pace
Court of Quarter Session - curtea care se întruneşte o dată la patru luni
Court of Assize - Curtea cu Juri
domestic proceedings - procedură legata de jurisdicţia internă
Chancery Division - Curtea de justiţie a Lordului Cancelar
Queen’s/Bench Division - secţiunea magistraţilor Coroanei
Unit 5
Prosecutions Conducted by the Police
1. It is a well-known fact that most prosecutions in England and
Wales are initiated and conducted by the police but it is (lie Public
Prosecutor who decides whether or not to prosecute.
2. Prosecution is defined as including not just the CPS (Crown
Prosecution Service) and police but also 'forensic scientists and others
who have some responsibility for criminal proceedings' (Atkinson
Wynter, in the London Gazette, 10 February, 1993).
3. The research work undertaken for the Royal Commission on
criminal justice has emphasized the need for ah solicitors and their
representatives to seek all relevant information from the police,
spend time with their client to establish the necessary professional
relationship and make full records of everything that takes place. The
critical advice remains that as to whether a client should answer all
police questions or none at all.
No accused person has to answer the questions of the police
before the trial.
4. The police in all investigations should maintain a schedule of all
material coming into their possession and should copy that schedule to
the CPS with the case papers. 'Material' here means not only docu-
ments, but also articles and information, including material held on
computer. Each item should be listed individually.
5. The schedule should be submitted to the CPS at the
appropriate time. A list (which is not exclusive) of items expected
to be included in the schedule is provided:
a) interview notes and audio-visual tape recordings of inter-
views with actual/potential witnesses, suspects or defendants;
b) draft witness statements including those prepared or
amended by witnesses or their advisers;
c) statements; taken from potential witnesses whether or not
they assist the prosecution case, and exhibits referred to;
d) correspondence or other notes relating to the contents of
witness statements;
e) any other documents or other material containing a description of the
alleged criminal by a potential witness;
f) crime reports;
g) custody records and associated documents;
h) any material casting any doubt upon the r e l i a b i l i t y of any
confession;
l) any other material of information which the. police officer fairly and
reasonably considers ought to be considered by the CPS.
(from Injustices of Non-Disclosure, by Richard Hallmark, in
the. Gazette 90/6, [0 Feb. 1993, p. 20)
WORDS AND PHRASES
prosecution n - anchetă/urmărire judiciară
forensic adj - juridic; de tribunal
undertake v - a întreprinde
emphasize v - a accentua; a reliefa
solicitor - avocat; consilier juridic
record n - dare de seamă; raport; consemnare
schedule n - program; inventar; anexă la un regulament
submit v- a (se) supune
appropriate adj - adecvat; potrivit
exhibit n - obiect; exponat
draft n - ciornă; schijă; plan; proiect
reliability n - veracitate; autenticitate
Unit 6
Treatment of Offenders
1. The chief aims of the penal system in Great Britain are to
deter the potential law-breaker and to reform the convicted offender.
Except for the; most serious offences (indictable offences) such as mur-
der, man-slaughter or rape, for which there are fixed penalties, the
courts have power to vary the sentence within prescribed maxima in
the light of the circumstances of the offence and the offender. Most
minor offences (summary offences) such as minor motoring offences
are punished by a fine only. For serious offences, the sentence is usu-
ally imprisonment or a fine (both in some cases). The offences which
can be committed in a serious or minor way such as theft are offences
triable either way-hence their name of either way offences.
2. An offender may also be placed on probation, when he is
required to be of good behaviour and to comply with certain conditions
(which include keeping in regular touch with a probation officer who
supervises his progress), failing which he may be sentenced for the
original offence. In addition, courts have discretion to charge an
offender absolutely or, in England, Wales and Northern Ireland only,
subject to the condition that he commits no further offence during a
specified period or to pass a suspended sentence, i.e. one that will
come into operation only if the offender commits another offence
within a specified period.
3. Prisons to which offenders may be committed directly by a
court are known as local prisons; all are closed establishments. Other
prisons, which may be open or closed, receive prisoners on transfer
from local prisons. Training courses, educational schemes, medical
and welfare services are provided in prisons; after-care for discharged
prisoners operates throughout Britain.
4. Offenders under twenty-one years of age may be sentenced to
imprisonment only as a last resort. Special residential institutions for
young offenders1 include, at present, approved schools, detention cen-
tres for boys over fourteen who need a short period of strict discipline,
borstals for youths and girls between the ages, of fifteen and twenty-
one and young prisoners' institutions.
5. Instead of residential treatment youths may be required to
attend an attendance centre in their leisure time for a limited period. In
Scotland they may undergo supervision by the social work department.
Young offenders may also be committed to the care of a fit person,
usually a local authority.
(from Britain in Brief..., p. 12)
WORDS AND PHRASES
deter v- a împiedica, a descuraja
convict v - a condamna
offender n - delincvent, răufăcător, criminal
penalty n - pedeapsă
comply v- a consimţi, a se supune
probation n - probă, libertate supravegheată
imprisonment n - închisoare; detenţie
behaviour n - comportament, comportare, purtare
discretion n - latitudine; libertate de acţiune; discernământ
fail v - a eşua, a nu reuşi să
supervise v -a supraveghea; a dirija
commit v- a comite; a încredinţa; a încarcera
establishment n - stabilire, instituţie
training n - instruire; instrucţie; educaţie; antrenament
welfare n - bunăstare, prosperitate
discharge v - a descărca; a elibera
sentence v - a condamna
resort n - recurgere; recurs
residential adj- rezidenţial, de locuit
approve v — a aproba
borstal n - instituţie de reeducare pentru tinerii delincvenţi; şcoală de corecţie
undergo v- a suferi; a trece prin; a îndura
youth n - tânăr, adolescent; tineret; tinereţe
fit adj- potrivit, corespunzător
law-breaker -.infractor, delincvent, contravenient; cel care încalcă legea
indictable offences - infracţiuni pasibile de urmărire penală
summary offences - infracţiuni care se judecă pe baza unei "proceduri sumare"
prescribed maxima - principii fundamentale prescrise; reguli de conduită
prescrise
placed on probation - pus în libertate supravegheată
courts have discretion - instanţele au libertate de acţiune (să...)/ latitudinea (să...)
to pass a sentence - a pronunţa o sentinţă
to pass a suspended sentence - a pronunţa o sentinţă cu suspendarea
pedepsei/executării
to come into operation - a intra în vigoare
Unit 7
Customs Law in the UK These matters include transportation after arrival at the port of importation, post-
importation charges for construction, erec¬tion, assembly etc., and certain
charges for interest under a financing arrangement.
(from A Trading Nation, by Gavin McFarJaine,
1. One of the basic features of customs law is the imposition of
in the Gazette, 24 March 1993, p. 17)
import duty as a form of indirect taxation. There is also provision in
WORDS AND PHRASES
the EC (European Community) customs code for the collection of
export duty, but in practice these are rarely applied. Advanced
1. disincentive n - act de descurajare, neîncurajare
economies perceive a charge on exports as a disincentive, which puts
brake n — frână
a brake on home industries. However, they have featured in the form
feature v - a caracteriza; a prezenta, a avea un rol
of agricultural levies and other export charges applied under the com-
proeminent
mon agricultural policy of the EC. Duties which are legally owed to a
levy n - strângere de impozite; percepere a impozitelor
national customs authority give rise to a customs debt. In all cases
debt n - datorie
within member states these are based on the customs tariff of the EC
2. relief n - uşurare; scutire (de taxe)
(art. 20, EC customs code). In the UK this takes the form of the inte-
liable adj- supus (unei taxe); răspunzător; susceptibil; pasibil
grated tariff of the UK known shortly as 'the tariff.'
3. undergo v - a suferi; a îndura, a trece prin
2. Broadly this deals with the nomenclature of goods: rates and
processing n -prelucrare
other items of charge normally applicable to goods covered by the
equip v- a echipa; a dota, a înzestra
nomenclature: preferential tariff arrangements; suspensive measures
4. valuation n - evaluare; apreciere
providing for reduction in or relief from certain import duties; and other
devise v- a inventa; a născoci; a concepe
tariff measures.
actually adv - în fapt, de fapt; în realitate
3. A key consideration in arriving at import duty liability is the
erection n - înălţare; ridicare; construire
origin of goods, and the categories defined as 'goods wholly obtained in a
assembly n - asamblare; adunare (persoane adunate)
country ' are set out at art. 23 of the EC customs code.
interest n - dobândă
4. Goods whose production involved more than one country shall be
considered to originate in the country where they underwent their last
to perceive a charge - a percepe o taxă
substantial, economically justified processing or working in an
to give rise to – a da naştere la
undertaking equipped for that purpose and resulting in the manufacture of
suspensive measures - măsuri de suspendare
a new product or representing an important stage, of manufacture. The
relief from import duties – scutire de taxe vamale de import
rules on preferential origin are in general laid down in the particular
the rules are laid down - legile sunt formulate
agreement setting up the preferential arrangement.
the agreement sets up - contractul stabileşte
5. Another key customs discipline is valuation, which is the subject
provided that - cu condiţia ca
of Chapter 3 of the EC customs code. A complex series of rules has been
devised to arrive at the correct value on importation. These are to be
applied in sequence until the appropriate rule is applied. Art. 33 of the: code sets
out certain charges which are not to be included in the cus¬toms valuation,
provided that they are shown separately from the price actually payable.
Unit 8
Immigration Law
1. The Immigration Act 1971 gives an immigration officer (IO)
administrative powers to detain parallel to the criminal powers to arrest WORDS AND PHRASES
without warrant. The former are often used when prosecution is not
considered necessary and as a quicker way to remove/deport the suspect 1. detain v- a deţine, a reţine (în închisoare)
without giving him or her a right of a hearing in a criminal court: warrant n - mandat
2. A suspect in custody on an immigration matter will have been remove v- a îndepărta; a deplasa; a transporta
detained in one of the following ways: deport v - a deporta
a) Arrested for a non-immigration criminal offence and then suspected of an hearing n - audiere
Immigration Act offence;
2. suspect n/adj- suspect
b) Arrested by the police or the immigration service for an Immigration Act
offence; available adj- disponibil
c) Detained in a police station on behalf of the immigration service as no other notify v - a înştiinţa
place, is available for detention. 3. overstay v- a sta prea mult timp; a depăşi timpul de şedere
3. Both police and immigration officers have the power to arrest leave n - permisiune; permis
in respect of the most common offences. In all the above situations, the breach n - încălcare a legii
suspect has the right under the Police and Criminal Evidence Act 1984 landing n - debarcare; coborâre, pe pământ
to consult a solicitor at any time and have a person notified of his or enroll v- a se înscrie (la facultate)
her detention. entrant n - intrat; persoană i n t r a t ă
4. The most common Immigration Act offences are: clearance n - vămuire; formalitate vamală
(1). Overstaying period of leave or failing to observe a condition of the leave, deceive v - a înşela
e.g. working in breach of landing conditions (summary offence only). subsequent adj - următor; care urmează
Overstayers cannot also be guilty of working in breach of landing conditions.
(2). Knowingly entering the UK in breach of a deportation order or without custody officer - ofiţer de serviciu/pază
leave of an immigration officer - commonly known as illegal entry. An IO (Immigration Officer) - ofiţer de imigrări
example of someone who will be treated as an illegal entrant is if he or she to comply with (a restriction) - a se supune/conforma
obtained an entry clearance visa as a student but on arrival had no intention of (unei restrictii/interdicţii)
studying, never enrolled at college and started working instead. Clearly that
person deceived the entry clear-
ance officer or IO as to his or her real intentions on coming to the UK and
hence entered the country illegally (summary offence only).
5. Other less common offences such as failing to comply with a
restriction imposed on entry, e.g. residence at a particular address or
employment in a specified job are not often prosecuted.
6. In general, prosecutions under the Immigration Act 1931 are rare
as, after the initial criminal detention, the immigration service prefers to use
its administrative powers of detention and subsequent removal/deportation.

(from The Immigration Interview, by Carolyn Taylor, in the

Gazette 90/2, 1.3 January 1993, p. 17).
 Unit 9

The Need for Clearer Mental Health Laws

WORDS AND PHRASES

1. The Law Commission in Great Britain shares the view of mental operate v — a opera; a funcţiona
health law specialists that those who care for the mentally incapacitated
operate in a vacuum of uncertainty over their responsibilities and the vacuum n - vid; gol
decision-making powers available to them. uncertainty n - incertitudine; nesiguranţă
2.As a result of the ambiguities, lawyers in the field suggest that
available adj - disponibil
often the rights of the incapacitated people can be trampled over by
overprotective carers or, on the other hand, basic needs and rights can ambiguity n - ambiguitate; echivoc
be ignored. trample v - a încălca; a călca în picioare
3.The Commission proposes that legislation be drafted which would overprotective adj- exagerat de protector
primarily state that: 'Anyone who has care of an incapacitated person (or who carer n -îngrijitor (al unui infirm)
has reasonable grounds for believing a person in his or her care to be draft v - a proiecta, a schiţa, a plănui
incapacitated) may do what is reasonable in the circumstances to care for that ground n - motiv; raţiune
person and to safeguard and promote his or her personal welfare.' safeguard v - a proteja (interese, drepturi)
4.Within that general legal framework carers would be under a stated promote v - a promova
obligation 'to act in the best interests of an incapacitated person.' welfare n - bunăstare, prosperitate
5.Carers would also be required to allow and to encourage the person framework n - cadru
in their care to participate as much as possible in the decision-making
process. to care for - a avea grijă de, a-i păsa de
6.There would also be a formalised principle mentioned within the
legislation recognising that the course least restrictive of the incapacitated in the field of - în domeniul
person' s freedom of decision and action is likely to be in his or her best decision-making process - proces decizional, proces de luare a deciziilor
interests. mentally incapacitated people - cei fără capacitate de discernământ datorită
The Commission is also recommending that a new judicial body be created to
unei boli mintale
combine the current functions of the court of protection - which is primarily
concerned with property and affairs - with similar functions in relation to on the one hand ... on the other hand - pe de o parte ... pe de altă parte
matters of personal care and welfare. But such a body would also be obliged it is likely to be - este posibil să fie
to operate under the same guiding principles governing individual carers - that judicial body - corp/organ juridic
the wishes of the per- to enact a draft bill – a promulga un proiect de lege
son concerned be taken into account and they be included in the decision-
making process as much as possible.
(from Commission Calls for Clearer Mental Healtli Laws, by D. Keating, in
the Gazette, 3 March, 1993, p. 7)
 Unit 10
8. Many aspects of the law need review. But who should do it?
The answer should be the law commissioners. These are distinguished
Law Reform people who are suitably qualified by experiences as a barrister or solicitor
or as a teacher of law at the University.
1. It is a well-known fact that in Great Britain, Parliament is the (from The Way Ahead on Law Reform, by Derek Wheatley, in
supreme legislative authority and that the judiciary have no authority the Gazette 90/6, 10 February 1993, p. 31)
to question the validity of an Act of Parliament. Yet judges have an
important role as regards legislation: Parliament passes the laws, and
the courts apply them to individual cases.
2. As there is no Ministry of Justice in the UK, for the time being WORDS AND PHRASES
responsibility for the simplification and modernization of laws lies
with the Law Commission, which is an advisory body. 1. issue v- a emite
3. The Law Commission which was established in 1965 issues 2. sacrosanct adj- sacrosanct, sacru, inviolabil
reports which contain draft bills for the government to promulgate if beyond prep - dincolo de; mai presus de
they are accepted. binding adj - obligatoriu
4. At present there is a strong need for law reform. It is natural cope with v - a face faţă la
that law should change in order to reflect the economic and social 3. unanimous adj- unanim
changes of society. escape v - a scăpa de; a evada; a eluda
5. Derek Wheatley, a consultant at Watson and Williams states liability n - responsabilitate
that: 'We certainly have too many tablets of stone, sacrosanct beyond
criticism and no satisfactory system of law reform to correct them. turn out v- a se dovedi
Common Law itself follows the binding precedent of the past and is deal n - afacere; tranzacţie
not conducive to the rapid change necessary to cope with the compu- reverse v - a revoca (o sentinţă) :
ter era. 4. appropriate adj- adecvat, potrivit
6. Thus in Hammersmith Swaps case (Hazell v. Hammersmith penalty n - pedeapsă, penalitate
and Fulham LBC (1991) a distinguished and unanimous Court of disprove, v-a infirma; a respinge
Appeal attempted to rationalize the doctrine of 'ultra vires' to avoid the oath n - jurământ
injustice of allowing a local authority to escape liability for a deal villain n - ticălos; personaj negativ
which it had fully but incompetently, authorized but which turned out 5. suitably adv- corespunzător, potrivit
badly for it. The decision was, however, reversed by an equally una-
nimous House of Lords. to pass a law - a vota o lege
beyond criticism - mai presus de critică
7. The list could go on and on. It certainly would not fail to mention the ultra vires - (latină) dincolo de competenţă/putere
criminal law. The archaic right of silence may have been appropriate to give evidence on oath - a depune mărturie sub jurământ
when the penalty for sheep stealing was death and when the defendant to disprove a confession - a infirma o mărturie
accused of it had no right to give evidence on oath to disprove an oral
confession he was said to have made. It is no longer so and nowadays
the right of silence allows many a villain go free.
Unit 11
Debating and Passing Legislation WORDS AND PHRASES

1. bill n - proiect de lege

1. Most Bills (Acts of Parliament) are measures relating to public act n - act, document; lege
policy. The great majority of these are government measures introduced by a solely adv - numai, exclusiv
Minister, but certain days are set aside for debating Private Members Bills corporate adj- corporativ; comun; unit
(public Bills introduced by members of the House not holding office in the promote v - a promova; a susţine
Government). In addition, some private Bills relating solely to matters of unless conj- doar dacă; afară de cazul când
individual corporate or local interest are promoted in each session by persons assent n - încuviinţare; aprobare
or bodies outside Parliament. Bills may be introduced by either House, unless alter v - a (se) schimba, a (se) modifica
they deal with finance or representation (when they are introduced in the delay v- a întârzia; a amîna
Commons). Those that pass through all the necessary stages (First and Second
3. adjournment n - amânare; suspendare; întrerupere (a unei şedinţe)
Readings, Committee and Report Stages and Third Reading) in both Houses
debate n - dezbatere
receive Royal Assent and become law as Acts of Parliament. The House of
estimate n - estimare, evaluare
Lords may not alter a financial measure, nor may it delay for longer than one
year any Bill passed by the Commons in two successive sessions. issue n (jur.) chestiune în discuţie
2. Most legislation applies to Great Britain, or the United provided (that) conj- cu condiţia (ca)
Kingdom as a whole, but on some matters separate Acts are passed for ballot n - buletin de vot; vot; scrutin
England and Wales and for Scotland to take account of differences in
to set aside - a pune/lăsa deoparte
institutions, customs and conditions. Northern Ireland has its own
to hold office - a deţine o funcţie
Parliament for legislation on domestic affairs.
to pass a bill/an act/a law - a vota un proiect de lege/o lege
3. The main opportunities offered in the House of Commons for to take account of - a ţine cont de
detailed examination of government policy are provided through par- domestic affairs - afacerile interne
liamentary questions and answers, during adjournment debates, and during the the Estimates - cifrele furnizate anual de Ministrul de Finanţe,
debates on the Estimates on what are known as 'Supply Days.' During reprezentând evaluarea cheltuielilor şi veniturilor la nivel naţional
Question Time questions involving issues of national importance may be put Supply Day - zi în care se solicită aprobarea bugetului anual (a cifrelor de
to the responsible Minister by any member of Parliament. c h e l t u i e l i şi venituri), în Camera Comunelor
Members ballot for the right to initiate debates which take place at the daily Question Time - timp rezervat răspunsurilor miniştrilor la întrebările oricărui
adjournment at the end of public business for the day, but if a member wishes membru al parlamentului (în Camera Comunelor)
to raise a 'specific and important' matter that requires urgent consideration he to move the adjournment - a propune amânarea/suspendarea şedinţei
may ask leave, at the end of Question Time, to move the adjournment of the
House. If the House grants leave, the matter will be debated later the same
day. On Supply Days, custom has given the Opposition the right to decide
which of the Estimates it wishes to discuss, and thus to criticize government
policy and administration on grounds of its own choice.
(from Britain in Brief..., p. 6)
 Unit 12

Labour Relations and Settlement of Disputes

WORDS AND PHRASES

1. Labour relations in Britain are based on voluntary organizations 1. autonomous adj- autonom
and on agreements freely negotiated between autonomous associations employer n - patron
of employers and employees (trade unions). The role of the State is
employee n - angajat
limited to a) providing a conciliation and arbitration service which
disputants jmay use if they wish, and b) establishing machinery (Wages conciliation n - conciliere, reconciliere, împăcare
Councils) for the regulation of minimum wages in industries in which arbitration n - arbitraj
voluntary organization is inadequate. regulation n - reglare; reglementare
2. Trade unionists comprise practically all men on manual work 2. comprise v- a cuprinde; a fi alcătuit din
in large firms in the main industries, and a considerable and increasing supervisory adj-de supraveghere
number of women and clerical and supervisory workers. The qualifi- further v - a promova; a favoriza; a ajuta
cation for trade union membership may be occupational or industrial. mainly adv - în principal
3. Britain's trade unions are independent voluntary associations benefit n - beneficiu; avantaj; ajutor.
of employees to protect and further their interests. This they do mainly retirement n - pensie; retragere
by negotiating wages and other terms of employment with employers sickness n - boală
organizations but also by promoting and influencing legislation and by immunity n - imunitate; scutire; dispensă
providing certain benefits and services (e.g. retirement, unemployment 3. spokesman n - purtător de cuvânt; delegat
and sickness benefits, educational facilities, and legal aid). Trade 4. concerned adj - interesat
unions enjoy certain legal immunities and privileges which help then; to 5. settlement n - soluţionare
serve their members effectively. disputant n -
4. Employers' Organizations, contestatar; oponent
They are usually grouped by industry, whether locally, regio- conciliator n -
nally or by larger ireas. Many of them are associated with the Confe- conciliator, mediator
deration of British Industry (CB1) which is the principal spokesman for arbitrator n - arbitru;
British industry generally. 5. Most employers base their wages and judecător
other conditions of work on the terms negotiated by employers' orga-
nizations, but a few - including the Government and nationalized
industries - negotiate direct with the trade unions concerned.
5.Settlement of Disputes.
When negotiations break down, the disputants may call in independent
conciliators or arbitrators, either by some special agreed arrangement or
by asking the Secretary of State for Employment and Productivity for
help, who will use his trained staff of conciliators, and may refer a dispute
to arbitration or, if the dispute is of public importance, appoint a Court of
inquiry or Committee of Investigation.

(from Britain in Brief..., p. 36)

 (from Transition, Integration and Administrative Management, a paper
Unit 13 delivered by Dr. Alan Mayhew in the Multicountry Workshop on
Legislative Management, Paris, 14-15 Dec. 1995)
Legislative Management

I. Transition and Integration WORDS AND PHRASES

1. The countries of Central and Eastern Europe still face the challenge
1. face v - a (se) confrunta cu, a înfrunta, a face faţă la
of completing the process of transition of their economies from central
challenge n - provocare, somare, sfidare; problemă dificilă
planmrig to market economies. The progress has been mixed, with some
complete v - a încheia, a îndeplini; a desăvârşi, a realiza
countries almost at the end of the formal transition process, while others
undergo v - a suferi, a trece prin
remain in the relatively early stages of the process. Even for those countries
2. apply v - a solicita, a face cerere
which have reached a situation where macro-economic stabilisation has been
incentive n - impuls; stimulent
achieved, privatisation essentially finished and capital markets liberalised,
constraint n - constrângere
there remains a long period in which the whole population undergoes formal
3. binding adj- obligatoriu
or informal training in the ореration of the market economy and where the
push v - a împinge, a accelera, a grăbi (un eveniment)
administration needs constant attention.
accession n - acces, aderare, intrare
2. Most of these countries have also negotiated association agreements stipulate v - a stipula, a prevedea
with the European Union and have decided to apply for membership in the
to take over legislation - a prelua legislaţia
Union Integration acts both as an incentive for, and as a constraint on, i.e. a
to take precedence - a avea întâietate
transformation process. It is an incentive because it pushes the associated to lay down - a formula; a hotărî; a stipula
countries to take over legislation and institutions which are necessary for the
full development of the market economy. It may, however, be a serious
constraint on transformation in the context of the sequencing of change.
3. From association to accession.
The association agreements form the only legally binding relationship
between the European Union and the associated countries of Central and
Eastern Europe. The agreements are international obligations of both sides - .
vi take precedence over national or Community legislation. The fine
agreements negotiated in 1991 with Czechoslovakia, Hungary and Poland
were considered by the European Community to be integrat on, but not
accession agreements
4. The association agreements stipulate that the associated coun
tries should adopt similar rules to those in the Community on compe- titon
policy and the control of state aids, as far as these affect trade. They also lay down a timetable
within which this approximation should take place.
5. The European Union made an important step towards the accession
of the associated countries to the Union in the strategy decided at the
European Council meeting in Essen in December 1994. The key part of the
strategy consists in preparing the countries to enter the international market
of the European Union.

Unit 14
Legislative Management
II. The Mechanics of Accession
1. The internal market relies on three main regulatory elements:
competition policy, the control of state aids and the specific internal
market legislation. The implementation of competition policy and the
control of state aids are fundamental to the acceptance of accession
of the associated countries by economic operators in the European
Union.
2. Crucial to decisions on regulatory and institutional change in the
associated countries will be the way in which accession is negotiated.
3. The normal route for the consideration of new membership is first
for the European Commission to draw up an opinion on the
membership request which the Council Presidency has received. This
opinion considers the merits of the application through a detailed
review of the policies and economic situation of the country
concerned, usually on the basis of material supplied by the country
following a detailed request. The opinions will obviously look
carefully at the degree to which the applicant countries have already
adopted the Community acquis and at their administrative and
regulatory capacity to implement Community law.
4. It is up to the Council to decide whether to open negotiations.
During the negotiations the applicant countries and the Community
have the opportunity to request that transition periods for areas of the
acquis communautaire be agreed.
5. The internal market acquis.
The areas of competition policy and the control of state aids are
absolutely vital for both the transition process and integration.
Therefore, it is a good example of the synergy between the two
objectives.
6. Competition policy was an important plank of the initial reform
programmes of the Central and Eastern European countries. It was
vital to create the conditions where competition flourished as the
countries came out of a situation of almost total stale, monopoly. The
privatisation of state-owned enterprises did not necessarily change
the structure of markets, which made competition policy vital. Most
countries established competition or anti-monopoly offices to
implement the new policy. As far as trade is concerned,
the association agreements impose essentially Community competition
policy on the associated countries, though, as for the member states of
the Union, they can adopt their own policies domestically.
7. Controlling state aids is important both for the reform of the
economic system and for the integration into the Union. For the
associated countries certain state aids may well be necessary as part
of the reform process in order to move towards a market economy.
8. Both competition policy and state aids are areas where the
associated countries have taken contractual agreements with the
European Union. As a result considerable progress has been made in
introducing the necessary laws as well as in creating institutions for
their implementation.
(from Transition, Integration rind Administrative Management,
a paper delivered by Dr. Alan Mayhew in the Multicoimtry Workshop
on Legislative Management, Paris, 14-15 Dec. 1995)
WORDS AND PHRASES
regulatory adj - de reglementare
acquis n (franceză) - experienţă câştigată/dobândită
request n - cerere, rugăminte
merit n - merit
n. (pl.) - temeiuri
obviously adv - evident
applicant n - solicitant, petiţionar, candidat
synergy n - sinergie, acţiune combinată; cooperare
plank n - platformă; scândură, planşă
necessarily adv - neapărat, numaidecât
implement v - a implementa, n î nde pl i ni , a
a pl i ca
to draw up - a alcătui, a întocmi
acquis communautaire - experienţa dobândită
the route to accession - calea spre aderare
applicant countries - ţări candidate (la
aderare)
domestic policy - politică interna
Unit 15
Government Employment Services in the United
Kingdom
1. The Department of Employment and Productivity (formerly
the Ministry of Labour) in Great Britain and the Ministry of Health and
Social Services in Northern Ireland provide employment services to
help and advise men and women who are seeking suitable work
and to help employers to get suitable labour. These services are
provided throughout the United Kingdom by over 900 local
offices.
2. Special help, including industrial rehabilitation where
required, is available to the disabled.
3. The expansion and improvement of industrial
training is being undertaken by 26 training boards covering
industries with over 15 million employees, and by the provision
of the vocational training in over 40 governmental centres.
4. Working Conditions. To a considerable extent, working
conditions in Britain are regulated by legislation enforced by
public inspectors, particularly as regards the safety, health and
welfare of workers in the mining, manufacturing, construction,
contracting and power supply industries and in agriculture.
Similar legislation applies to workers in shops, offices and
railway premises.
5. Employees are protected by the Contracts of Employment
Act 1963 against dismissal without notice unless guilty of serious
misconduct. In addition, much is done on a voluntary basis by
employers to maintain good working conditions and welfare
amenities in places of employment. Such activities are stimulated
by voluntary organisations such as the Royal Society for
Prevention of Accidents, the Institute, of Personnel Management
and the Industrial Society.
(from Britain in Brief, p. 36)
WORDSAND PRASES
formerly adv. - pe vremuri, înainte(vreme)
to seek v. - a căuta
suitable adj. – potrivit, corespunzător
labour s. - muncă , mîna de lucru
employment s. - angajare, slujbă
rehabilitation s. - refacere, reabilitare, restabilire
to disable v. - a face neputincios (jur.), a declara incapabil
training s. - educaţie, instruire, pregătire
to undertake v. - a întreprinde, a lua asupra sa
board s. - consiliu, department
vocational adj. - (despre cursuri) profesional
provision s.- prevedere, clauză, furnizare
safety s. - siguranţă
welfare s.-bunăstare
premise s. - premisă pl. local, incintă, sediu, dependinţe
dismissal s. - concediere
misconduct s. - purtare rea, neglijenţă (în serviciu)
amenity s. - farmec, graţie, pl.(confort)
vocational training - instruire/pregătire profesională
to enforce legislation - a pune în vigoare, a aplica legislaţia
power supply industry - industria furnizoare de energie
dismissal without notice - concediere fără înştiinţare
railway premises - incinta/sediul gării
Unit 18
Legal Aid
Some Case Histories
The following selection taken from cases dealt with by the legal
Department of the National Union of Teachers in England illustrates the full
range of the legal assistance provided by the Union and the wide variety of
cases in which it is given.
Case 1. Whilst driving to school on her scooter, a member collided with a small
van which reversed from a side road into her path. In consequence of the
collision, the member was thrown to the ground and sustained a compound
fracture of the tibia and fibula bones of her left leg, which incapacitated her for
18 months.
A claim was made on the member's behalf, and negotiations ensued with
the Insurance Company concerned for the driver of the van, but it was not until
proceedings were instituted that an offer in settlement was forthcoming. The
offer at that time was in the region of L1,500 though consideration could not be
given to it as the member's injuries were yielding to treatment.
Subsequently, a final medical report and prognosis made it possible to
resume negotiations when an offer of L2.000 was made. On the advice of the
Learned Counsel, this offer was rejected. Eventually, a final offer of L2,250
was made, and after having the benefit of further advice of the Counsel, the
member expressed her wish to accept this sum in settlement.
Case 2. A member took a party of 29 children and staff to stay for two weeks at
a School Holiday camp in Scotland. When the party arrived in Scotland, the
beds and bedding were in a bad condition; one of the chalets was leaking and
the windows in another were open - resulting m the beds nearest the window
being damp, in view of the poor conditions, the member obtained
accommodation elsewhere for the rest of the holiday. Subsequently he
applied for legal assistance in order to obtain compensation for the expense
incurred.
The Solicitor of the Union took up the matter with the travel
agency concerned on behalf of the member. An offer of LI00 was
made by them and this was accepted in settlement.
Case 3. A candidate in a local election in an election address com-
plained about a meeting held by the staff of a school at which a reso-
lution was passed to take political action in the salaries dispute. The
election address contained allegations, that the staff were introducing
politics into the school. The National Union of Teachers members of
the staff approached the Union for assistance. The candidate's politi-
cal party had admitted that the statements in the election address were
based on wrong information, but the candidate has refused to apolo-
gise. Considerable publicity was given to the statement and the address
in the national and local press. After taking the Counsel's Opinion, the
Union Solicitor advised members that the election address was de-
famatory of the staff of the school and proceedings were, threatened
against the candidate. As a result, the candidate agreed to apologize
and suitable publicity was given to this apology in the local press, to
the satisfaction of the staff.
Case 4. The Union's Local Solicitor was instructed on a member's
behalf in connection with an assault committed upon him by three
youths. The youths alleged that the member had punished one of
their friends. In consequence of the. assault, he received severe
bruising to his side and hip and right temporal region, his right eye
and right jaw, and was unable to resume his professional duties for a
week.
A Summons for assault was served and duly issued upon those
responsible. At the hearing, the defendants appeared in person and
elected to be dealt with summarily, each pleading "not guilty". After
retirement, the Justices found each defendant "guilty" and unposed
fines of L58 plus costs.
(from Legal Aid, a bookie! edited by the National Union of
Teachers, Hamilton House, London, 1963)
 WORDS AND PHRASES
Case l. to collide v. - a se ciocni
to reverb v. - a inversa mersul maşinii, a merge cu spatele,
a răsturna
path s. - potecă, cărare
to incapacitate v. - a face incapabil, inapt
to ensue v. - a rezulta, a decurge din
forthcoming adj. - apropiat (în viitor)
injury s. - rană, vătămare
to yield v. - a produce, a se supune, a ceda
to reject v. - a respinge
learned adj. - erudit, învăţat, înţelept
side road - drum lateral
to sustain a fracture - a suporta o fractură
to institute proceedings - a institui procedură judiciară
settled between the parties - stabilit/tranşat prin bună înţelegere
to resume negotiations - a continua negocierile
to yield to treatment - a se supune la tratament
the Insurance Company - Societatea de asigurări
the Learned Counsel - Consiliul înţelepţilor
Case 2. bedding s. - aşternut (cearceafuri, feţe de pernă etc.)
chalet s. - cabană
to leak v. - a se scurge (despre cazane), a avea o gaură pe unde curge lichidul
damp adj. - umed, jilav
accommodation s. - cazare
subsequently adv. - după aceea, pe urmă
to incur expenses - a suporta cheltuieli
to take up the matter with smb. - a vorbi cu cineva (ex. о autoritate) despre o
problemă pentru a întreba, a protesta etc.
Case3. allegation s. - alegaţie, declaraţie
defamatory adj. - defăimător, dezonorant
to threaten v. – a amenința
to apologize v. – a-și cere scuze
to pass a resolution - a aproba/vota o hotărîre/rezoluție
to approach the Union - a aborda Uniunea/a se adresa Uniunii
Case 4. assault s. - atac, asalt
to allege v. - a pretinde
to bruise v. - a învineţi, a strivi
severe adj. - sever, strict, (despre boli) grav, serios
hip s. - şold
jaw s. - maxilar
summons s. - citaţie, mandat de aducere ..
retirement s. - (jur.) retragere pentru deliberări
Justices s. - judecători
a summons duly issued - o citaţie emisă la timp
a fine of ...costs - o amendă de... plus cheltuieli de judecată
Make up sentences of your own using the following legal phrases:
1. to conduct an investigation - a conduce o anchetă
2. to comply with a decision - a se supune unei hotărâri
3. to deprive smb. of liberty - a priva pe cineva de libertate
4. to grant bail a acorda cauţiune
5. to pass sentence - a pronunţa sentinţa
6. to make ац appeal - a face recurs
7. to plead non/not-guilty - a pleda pentru nevinovăţie
8. to quash a decision - a casa o decizie
9. to punish with imprisonment - a pedepsi cu închisoarea
10. to bring in a verdict of guilty/non-guilty - a pronunţa un verdict sau
o decizie de achitare sau condamnare ( de către juriu)
Unit 19
Regulatory Management on Legal Research
1. A legal problem may be perceived like a set of factual cir-
cumstances and their interrelationship. The legal rules are always con-
tained in source material, of which, the regulations are of major impor-
tance. A rule can always been described in the form:
ANTECEDENT -------CONSEQUENT
- and the antecedent must always be a set of factual interrelated
circumstances.
Therefore, legal research has as its objective to retrieve docu-
ments containing these circumstances, and interpreting this material to
disclose the possible legal consequences.
2. Text retrieval was developed to a very large extent as a
response to the needs of practicing lawyers. The two largest systems
-the West Publishing Company's WESTLAW and Reed Elsevier's
LEXIS were designed to facilitate the research of case material by US
lawyers. Most other systems were based on a similar philosophy.
3. Such systems are often qualified as "commercial". And, in
fact, the two mentioned above are profitable operations. But this relies
on characteristics of the US legal system - its emphasis on case law-
material, the large number of lawyers (even in relation to the popula-
tion), its technological infrastructure etc. In Europe, very few similar
operations are profitable. This should be emphasised: computerised
information systems in general, and legal information systems in par-
ticular, do not constitute a tempting commercial proposition as such.
4. But there is a larger perspective. A computerised legal
information system should be perceived as part of the general and
traditional legal information system within a jurisdiction. It is not
only a tool for legal research, it is a tool for maintaining the flow of
legal communcation from authorities to the population. In this
perspective, the legal information system becomes part of the
regulatory management.
5. Regulatory management as a technical term may be used to describe all
the development, adoption, reviewing and amendment of regulations. The
adoption of legislation by the parliament is a part of regulatory management, but
generally relies on ground work carried out by the government which
communicates bills to the parliament. Acts of parliament will often authorise the
government to pass subsidiary legislation - and the constitution may also
authorise the government to issue regulations, without the participation of the
parliament, within certain areas. Obviously these processes will differ among
jurisdictions and there may be complex hierarchies of different legal instruments
glossed over by our term "regulations". But for our general discussion, this will
suffice.
6. In the discussion of passing new acts of parliament, one often is given
the impression that this is an isolated, political issue. But regulatory
management should be perceived like a continuous process - the largest fraction
of regulations adopted are amendments of already existing, rather than new
regulations: there is a maintenance process going on.
7. After a regulation has been adopted, there will be an ex post
assessment of whether the regulation actually realises its objectives. This may be
a formalised assessment, but most often it is an informal process through public
discussion, press comments, court decisions, etc. The result may be that one
initiate a revision process, which generally will take the form of a report that
concludes whether amendments should be introduced, and which is subject to a
political decision. If the decision is positive, a draft of the new regulation is
developed and is made subject to an ex ante review, both with respect to whether
political objectives will be realised and to the more legal technical details of the
drafting. The draft will be then adopted.
(from Computers a: a Tool for Regulatory Management, a paper delivered
by Jon Bing at the Multicountry Workshop on Legislative and Regulatory
Management, Paris, December 1995, edited by S I G M A, p. 8)
WORDS AND PHRASES
1. to perceive v. - a observa, a înţelege, a percepe
factual adj. - real, pozitiv, bazat pe fapte
circumstance s. - circumstanţă, împrejurare, amănunt, detaliu
to interrelate v. - a lega împreună
2. to retrieve v. - a recupera, a refolosi
retrieval s. - recuperare, refolosire
 interrelationship s. - legătură reciprocă
research s. – cercetare
to disclose v.- a dezvălui, a releva
3. to rely v. - a se baza, a se întemeia (pe);
emphasis s. - subliniere, accent
tempting adj. - ispititor, tentant
4. tool s. - unealtă
flow s. - scurgere, flux
5. regulatory adj. - care reglementează
ground work s, - fundament, bază
subsidiary adj. - subsidiar, auxiliar
to gloss v. - a glosa, a comenta.
6. to assess v. - a evalua
draft s. - schiţă, proiect
to draft v. - a schiţa, a proiecta
to pass subsidiary legislation - a vota legislaţia auxiliară
to issue regulations - a emite regulamente
political issue - chestiune în discuţie de natură politică
Unit 20
Revision
I. Read and translate the following passage on the importance of ,ţhe legal
information system. Next underline all the ing - forms replacing them by whole
sentences where possible:
In the post assessment, it may give access to material specifying experience
with the regulations, especially court cases and administrative decisions.
A legal information system may be used to identify citations of other
regulations, both in the regulation under examination and in other regulations
regarding the one under examination. It may be also used to identify provisions related
to those in the regulation under examination, for instance provisions applying to the
same legal subject, the same geographical areas, the same legal issues etc.
By combining the perspective of legal research and regulatory management,
we become more sensitive to the fact that within any jurisdiction there already exist
several paper-based elements of a legal information service.
(See Unit 19, Ibid; p. 10)
WORDS
assessment s. - evaluare
citation s. - citat, enumerare, citaţie
issue s. - ediţie, număr (de ziar etc), problemă pusă în discuţie