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PSYCHOLOGICAL PROFILE OF ADOLESCENT PERSONALITY WITH DEVIANT BEHAVIOR

Author(s): Ruxandra-Victoria Paraschiv / Language(s): English / Issue: IX/2021

Keywords: psychological profile; adolescent; personality; deviant behavior; education; family; delinquency;

Deviant behavior is a particular case of behavior that consists in endangering the fundamental values of society by significantly removing the perpetrator from the social, moral and legal norms of society, reflecting a conflicting state of the individual with the social environment; by committing antisocial actions harmful to society. This deviant behavior is determined by a variety of factors, among which we mention: the hereditary characteristics of the personality, as well as those acquired from the social environment in which the adolescent grew up and was educated.

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PIMP OR SPOUSE OF A "SEX WORKER"

Author(s): Ioana Ruxandra Mălăescu / Language(s): English / Issue: IX/2021

Keywords: Prostitution; pimping; spouse; active subject;

Prostitution and pimping, as human behaviors, have existed since ancient times and the criminal treatment applicable to them has born the mark of the regime that adopted it. If there were periods in which prostitution was not criminalized, pimping was almost invariably criminally sanctioned, the purpose of the regulation ranging from the protection of good morals, the rules of social coexistence to the protection of freedom and human dignity. Given that the new Criminal Code no longer criminalizes prostitution and that many people who engage in such activity, both in the country and on the territory of some European Union states where prostitution is legal, share the money obtained with the spouse or other family members, the possibility of exempting the spouse from the category of active subjects of the crime was raised in the judicial practice. The spouse cannot be included or excluded from the sphere of the active subject of the crime of pimping, de plano, simply by referring to their marriage to a person who practices prostitution voluntarily but by proving they obtain patrimonial benefits from the exploitation of the other spouse.

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CHILDREN’S PERSONAL DATA AND PARENTAL CONSENT UNDER THE GDPR REGULATION 679/2016

Author(s): Ana-Elena Iunker / Language(s): English / Issue: IX/2021

Keywords: GDPR; personal data; data subject; parental consent; sensitive data; children;

The European Union has been given an important role in parental consent to protect the personal data of children online through The General Data Protection Regulation. Compared to the former Directive 95/46 / EC [1], Regulation 679/2016 [2] requires parental consent before information society service providers can process personal data of children under 16 years of age. This provision is new to Europe and faces many interpretations and implementation challenges.

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THE LEGAL STATUS OF MIGRANT WORKERS IUSTUM BELLUM SARS-COV-2

Author(s): Amelia Tutilescu / Language(s): English / Issue: IX/2021

Keywords: migrant workers; economic migration; family reunification; SARS CoV 2; rights;

The SARS CoV 2 pandemic has produced significant global changes in many areas of the economic, social and cultural life. The restrictions introduced by most countries of the world, especially regarding access to their territory, have substantially influenced a phenomenon of maximum relevance in contemporary society, namely that of migration. The pandemic has influenced most forms of migration, both regular and irregular. Through the effects that the pandemic has produced in the economic field in particular, the labor migration of third country nationals to the European Union as well as the situation and status of migrant workers already in the territory of the Union, have been strongly affected. The article reviews the effects of the SARS CoV 2 pandemic globally and in the European Union on migrant workers from third countries and sets out measures and solutions taken at Member State level to mitigate its impact, especially on this category of people.

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THE REVIEW OF THE "BLUE CARD" DIRECTIVE - AN ARDUOUS PATH FOR THE EUROPEAN UNION

Author(s): Amelia Tutilescu / Language(s): English / Issue: IX/2021

Keywords: highly skilled worker; rights; Directive 2009/50/EC; SARS CoV 2; migration; family reunification;

Third country nationals labor migration policies represent a way of solving the issues that the Euroepan Union is facing, on the one hand, in terms that the lack of labor in most Member States, especially in some vulnerable sectors, and on the other hand, in terms that the discouraging irregulat migration. The adoption of the Directive 2009/50/EC on the "Blue Card" permit was a step forward in terms of establishing minimum standards and conditions relatively uniform admission to the European Union and categories of workers with high skills. Following assessments made on achieving the purpose of the "Blue Card" Directive and of it has benn implemented by the Member States has become obvious need to reform it, to make it more attractive to third country nationals with high skills. This study examines legislative aspects that have created an impasse in the negotiations on the content of the proposal and submit suggestions for compromise identified that could lead to the unblocking of the negotiation process.

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DELICTUAL CIVIL LIABILITY FOR THE ACT OF THE MINOR OR THE PERSON PLACED UNDER INTERDICTION

Author(s): Cristian Cercel / Language(s): English / Issue: IX/2021

Keywords: delictual civil liability; fault; objective substantiation; prejudice; minor;

Society as a whole is constantly changing, which has led to the creation and reshaping, over time, of the institution of civil liability in order to ensure the restoration of the social balance destroyed by causing harm. In this light, we set out to analyze the objective delictual civil liability, respectively the liability for the act of another, namely, for the act of the minor or the one placed under interdiction. In the first part of this paper we set out to present, briefly, the legal framework and the evolution of the institution of delictual civil liability. Then, a great turmoil of doctrine and jurisprudence was represented and is represented by the substantiation of delictual civil liability, so that the main doctrinal opinions will be presented, as well as the arguments set forth over time in doctrine and jurisprudence on them. Last but not least, in the elaboration of this paper, the evolution of jurisprudence in the matter was taken into account, and the aim was to point out certain particular situations regarding the delictual civil liability for the act of the minor or the one placed under interdiction.

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ABOUT THE PROTECTION OF FAMILY MEMBERS BY MEANS OF THE RULES OF CRIMINAL LAW

Author(s): Georgian Toma,Iulia Nistor / Language(s): English / Issue: IX/2021

Keywords: family; protection; penal law; offenses;

Domestic violence is one of the most often encountered topics in the public sphere lately, due to the many cases faced by the authorities, who most often fail to find appropriate solutions in order to stop such situations from occurring in the future. Criminal law includes a number of provisions that are in line with international standards for the protection of family members, but it also includes a number of shortcomings, which require prompt intervention by the legislator. There are currently a number of discussions to address these shortcomings, but without the rapid and clear involvement of responsible stakeholders and civil society, cases will increase and the judiciary bodies will continue to be powerless in some cases.

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SOME CONSIDERATIONS REGARDING THE OFFENCES OF FAILURE TO COMPLY WITH MEASURES CONCERNING CUSTODY OF A MINOR, PROVIDED FOR IN ARTICLE 379 OF THE CRIMINAL CODE, AND UNLAWFUL DEPRIVATION OF LIBERTY, PROVIDED FOR IN ARTICLE 205 OF THE CRIMINAL CODE

Author(s): Cezarina Moraru,Ina Alexandra Isăilă / Language(s): English / Issue: IX/2021

Keywords: family life; failure to comply with measures concerning custody of a minor; unlawful deprivation of liberty; the child's best interest;

As we all know, minors have rights and obligations and, under certain conditions expressly regulated by law, are also criminally liable. The healthy physical and mental development of a minor is always based on a healthy relationship with both parents, so parental responsibilities must be exercised regardless of whether the minor's parents live together or not, and it is in the child's best interest to maintain personal and direct relationships with both parents, which is why the national legislator has criminalised a number of acts in order to ensure respect for the fundamental rights of the minor.

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CRIMINAL LIABILITY FOR THE CRIME OF INFANTICIDE IN THE REPUBLIC OF MOLDOVA

Author(s): Elena-Ana Duda / Language(s): English / Issue: IX/2021

Keywords: infanticide; criminal law; murder; premeditation; newborn child;

The study proposed in the present article consists in clarifying the legal nature of the institution of substantial criminal law of the crime of infanticide from the perspective of the study of criminal law in the Republic of Moldova.

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CONSEQUENCES OF GENDER-BASED VIOLENCE IN THE FAMILY ENVIRONMENT AND THE SOLUTIONS ADOPTED IN LATIN AMERICA AND EUROPE TO COMBAT THE FEMINICIDE PHENOMENON

Author(s): Alina Teacă,Ileana Denisa Știrbulescu / Language(s): English / Issue: IX/2021

Keywords: feminicide; gender based violence; Covid 19; domestic violence; equal rights for women and men;

In recent times, the dynamic succession of feminist movements and the information presented in mass media, has been the necessary impetus for raising awareness in the issue of violence against women, in the family environment. Gender based violence, like any form of violence against women, committed by spouses, partners, ex spouses, or ex partners, remains one of the greatest challenges of our societies and is part of the global strategy to eliminate and prevent violent deaths of women. Although the European Union has made considerable efforts for achieving the goals set by Istanbul Convention, during the Covid 19 pandemic, the number of feminicides has increased, significantly, and taking into account that the Rule of Law requires that states are obliged to promote policies that guarantee women adequate protection against any form of violence, through this article, we will emphasize the need to strengthen the legal framework and identify new strategies/legal instruments designed to ensure and respect the rights of victims of gender violence, in the current context.

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DOMESTIC VIOLENCE AGAINST WOMEN AND THEIR IMPACT ON FAMILY LIFE

Author(s): Alina Teacă,Ileana Denisa Știrbulescu / Language(s): English / Issue: IX/2021

Keywords: domestic violence; women's rights; health; family; violation; equal opportunities;

In the last thirty years, domestic violence has been of particular political and social interest because within the family system social changes are understood as the evolution of individuals and can be correlated with the evolutionary tasks of the family group, understood as a system. There are two types of events related to the evolutionary tasks of the family group, understood as a system: predictable events (marriage, childbirth, etc.) and unpredictable events (separation, divorce, illness, death, etc.). Unpredictable events are those that lead to subsequent changes in the family group, with profound changes in socio economic status, and the difficulties generated by unpredictable events require the implementation of mechanisms for adaptation and problem solving. The protection order is considered an effective tool for the protection of victims of domestic violence, but also a remedy for other, collateral situations, such as violent behavior against children. Through this article, we will try to emphasize the fact that, in order to make the inter institutional mechanisms in the field of prevention of domestic violence more efficient, it is necessary to implement other measures, other than the temporary detachment, from the family system, of the parent with violent behavior.

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THE STATE'S INTERFERENCES IN THE SPHERE OF RELIGIOUS FREEDOM BASED ON ART. 9 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Ionuț Viorel Bordeiași / Language(s): English / Issue: IX/2021

Keywords: religious freedom; interference; religious manifestations; ECHR;

The European Convention for the Protection of Human Rights and Fundamental Freedoms, in Article 9, proclaims that everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in worship, education, practice and observance. Freedom to manifest one's religion or belief may not be subject to restrictions other than those provided for by law which, in a democratic society, constitute measures necessary for public safety, protection of order, health, public morals, rights and freedoms of others. Based on this article, the signatory states undertake to respect the freedom of thought, conscience and religion of all persons under their jurisdiction. But often the interests of the state are different from those of the person, so there are cases when member states of the convention violate this article, including, there are cases when states impose by law some more unfavorable rules, exercising illegal interference that does not is provided for in the articles of the above mentioned Convention. However, according to paragraph 2 of art. 9 of the Convention, Member States are allowed to interfere in the exercise of freedom of thought, conscience and religion only as a necessary measure for public safety, the protection of order, health, public morals, the rights and freedoms of others. The European Court often leaves a margin of discretion to the state, ie it is up to the state to impose a certain point of view through a law, in a certain situation, and to decide for itself whether the interference is legal and necessary. . However, by its judgments the Court exercises its control by giving an affirmative or negative answer regarding the state's interference in the exercise of religious freedom. If the state imposes a law, it must be necessary and legal in a democratic state, but if the interference is contrary to the Convention, the Court by its judgments, exercising its control, determines whether or not the interference was necessary, the judgment being binding. executed. Recently, the issue of state interference in church affairs, especially during the 2020 pandemic, has been brought into discussion in the public space, by banning the participation of citizens in public acts specific to each denomination, especially during the Easter holidays. By this study we do not intend to accuse or claim that the state has committed or not an interference, this fact being the exclusive competence of the ECHR, but we want to clarify, in light of the relevant legislation and jurisprudence, what are the state's such interferences are allowed to the state and under what conditions the state can intervene and limit religious freedom.

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THE INVOLVEMENT OF LOCAL PUBLIC ADMINISTRATION IN THE EXERCISE OF SUCCESSION RIGHTS IN THE LIGHT OF THE ADMINISTRATIVE CODE. SPECIAL LOOK AT THE ROLE OF THE SECRETARY GENERAL OF THE ADMINISTRATIVE-TERRITORIAL UNIT

Author(s): Verginia Vedinaș / Language(s): English / Issue: X/2022

Keywords: public administration; secretary-general; administrative-territorial unit; succession rights; attribution;

This material aims to analyze the involvement of the local public administration in the succession procedure. The secretary general of the administrative-territorial unit has the central role in this procedure. The powers he exercises in this field were also provided for in the old Law of local public administration no. 215/200 and were taken over by the Administrative Code. I have designed the material so that the doctrinal and legislative dimension of this attribution is addressed, through a brief presentation of the current legal framework, of the significance of the Administrative Code of Unitary Normative Act for the regulation of local public administration, but also of the regime of the legal regime that emerges from the interpretation of the provisions of the Administrative Code.

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FORENSIC METHODS OF IDENTIFYING COUNTERFEIT OR FORGED LEGACIES

Author(s): Victor Andrei Cărcăle / Language(s): English / Issue: X/2022

Keywords: will; forgery; forensics; forensic methods; forgery detection; forgery of wills; holographic will expertise;

The paper, after a brief introduction about liberality, what a legacy is and how fraudulent interference with legacies is carried out, focuses on the seven types of examinations of legacies, in particular the holograph will – the easiest to fraud: Examination of documents altered by erasures, falsely dated or undated, whose contents have been altered by additions, documents forged by forgery of handwriting or signature, crossed paths, documents damaged by tearing or burning, and reconstruction of handwriting by impression by pressing.

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THE INHERITANCE RIGHTS OF THE CHILD BORN OF THE SUBSTITUTION MATERNITY IN THE EUROPEAN UNION

Author(s): Andreea Buruiană Rusu / Language(s): English / Issue: X/2022

Keywords: surrogate; mater semper certa est; European Regulation 650/2012; inheritance rights; European Convention on the Legal Status of Children Born out of Marriage;

Substitution maternity is a current and a developing phenomenon and the inheritance rights of a child born from such a procedure are very complex. Taking into account the whole global perspective, no comparable moral or legal basis can be identified in this area. The creation of a common legal framework or the advancement of a large-scale international unification of substantive law or the rules on the recognition of the effects of foreign law does not seem to be an objective that can be achieved soon. In this context, the issue of inheritance rights of the child born from the substitution maternity is a very complex one. In dealing with the subject, we will analyze the European Regulation 650/2012, the decisions of the ECHR in this matter, national provision and we will seek to find solutions on the ways in which the rights of succession can be protected in such a situation.

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THE SUCCESSION OF STATES TO INTERNATIONAL ORGANIZATIONS UNDER PUBLIC INTERNATIONAL LAW

Author(s): Titi Sultan / Language(s): English / Issue: X/2022

Keywords: international legal personality; state; international organizations; succession of states; diplomacy; dismemberment; status of the individual; other international entities;

Diplomacy is a permanent negotiation, probing, a way of convenience in relations with the accrediting state or between states with a diversified development. It is the task of diplomats to best represent the mutual interests of the state they represent and of the state to which they are sent, which requires careful and constant information in order to act in accordance with them. From this perspective, participants in international legal relations have a decisive role to play in implementing the basic principles of diplomacy. In order to participate in international legal relations, it is necessary to be a subject of international law, which implies the ability to be the holder of international rights and obligations. A state acquires legal personality from the moment the constituent elements are assembled, provided that most of the consequences of the existence of its personality are subject to recognition in order to take effect from the date fixed by it. The conventional commitment to create a state in fact eliminates the need for recognition, but in this case the state does not exist until the date when its elements are assembled. The expression of the international legal personality is made in the context of the existence of international relations, of relations based on equality and in accordance with the international legal norms. International law is a system of legal rules of coordination, proper to a horizontally organized society. The international personality substantiates the position of the state within the international community. A State shall cease to exist from the date on which one of its constituent elements disappears and, as a result, its status as an international legal person is affected2. Also, a state ceases to be an international person in the event of a merger between two states or the annexation, following a war, the division of a state into several states or the separation from a state of parts that are annexed to the states neighbor. The changes that take place in the leadership of a state, of the dynasty, of the way of organizing the state or of its territory, do not affect the legal personality of the respective state. Among the changes affecting states as international legal entities are: the merger between two states3, the partial loss of independence. The international doctrine4 prevails from the point of view according to which in order for an entity to have a state-type legal personality, it is necessary to meet four elements: - the existence of a determined territory; - a permanent population (organized and with a considerable number of members); - a relatively stable government; - the ability to enter into relations with other states.

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DEBARMENT FROM SUCCESSION. BRIEF EXPOSITION ON THE CRIMES THAT ATTRACT THE DE JURE DEBARMENT FROM SUCCESSION

Author(s): Alexandru Boroi,Georgian Toma / Language(s): English / Issue: X/2022

Keywords: inheritance; debarment; crimes; murder;

The matter of successions involves a number of complex elements that are closely related to other legal institutions that come from including other branches of law. The connection between the field of inheritances and criminal law derives from the importance of the conditions that the successor must meet in order to be able to inherit. The de jure debarment is a civil law sanction that intervenes in the case of committing very serious crimes against the person and that due to the consequences produced attracts such an impact on the perpetrator. The conditions that must be met in order for a crime to be confined to the sphere of those who attract the de jure debarment, refer to a series of objective as well as subjective criteria that are in turn closely related. Among these, the crimes of murder and aggravated murder are the most common, which attract such a civil law sanction on those who are found guilty of committing such acts against the deceased.

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DISTRIBUTION OF ESTATE ASSETS. RULES OF PROCEDURE AND DISTINCTIVE FEATURES. CASE PRACTICE OF COURTS

Author(s): Liliana Cătălina Bănescu / Language(s): English / Issue: X/2022

Keywords: distribution; division; judicial practice; decision; court; appeal; second appeal;

The succession procedure benefits from an appropriate and unitary regulation by means of the provisions of the Romanian Civil Code (article 953 – article 1163 being the regulatory provisions dealing with inheritance) and of the Romanian Code of Civil Procedure (article 980 – article 996 being the provisions dealing with the procedure for legal division of property). Much has been said about the division of the succession. If we take a look at the history of the Code, we could say that there would be no more (litigious) matters to surprise us. However, major topics such as the one covered in this material will always require a lot of consideration and analysis. The case-law has often ruled on the fundamental notions of the succession procedure relative to the revealed facts and the arguments put forward in the actions brought before the national courts, but the definition or redefinition of some notions remains the subject of doctrinal and jurisprudential disputes. The manner of application of the rules of law in question also depends on how such subjects are answered, where the scope is observed in the solutions of judicial and notarial practice.

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THE CONCEPT OF HABITUAL RESIDENCE, AS THE MAIN CONNECTING FACTOR IN RESOLVING CONFLICTS OF LAWS AND JURISDICTIONS IN MATTERS OF CROSS-BORDER SUCCESSION, ACCORDING TO EU REGULATION NO. 650/2012

Author(s): Carolina Niță / Language(s): English / Issue: X/2022

Keywords: cross-border succession; the habitual residence of the deceased since the date of death; autonomous interpretation; complex situations; subsidiary linking criteria;

By introducing the habitual residence of the deceased as a general connecting factor for the purpose of determining both international jurisdiction and applicable law, Regulation (EU) No 650/2012, aims to substantially simplify the settlement of cross-border successions in the Member States. The aim of this paper is to analyze the notion of habitual residence as a connecting factor in terms of succession, in relation to the objectives of the Regulation and the recent case law of the Court of Justice of the European Union. After a brief introduction of the regulation as a new tool in the field of judicial cooperation in civil matters, the paper focuses on the interpretation of the concept of habitual residence of the deceased under Regulation (EU) no. 650/2012, on the criteria for determining and evaluating the advantages of this notion, as the main connecting factor.

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REFLECTIONS ON THE RESPECT DUE TO THE DECEASED FROM THE PERSPECTIVE OF PERSONALITY RIGHTS

Author(s): Laura Tuduruţ / Language(s): English / Issue: X/2022

Keywords: respect; dignity; personality rights; death;

This study deals with the importance of respecting the fundamental values of the person after his/her death. The different opinions identified in the literature on the person's rights over his or her own body lead to different legal effects, which is why the legislation of personality rights in the current Civil Code is of great importance.

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