Starea excepțională și alerta ordinii de drept. Implicații juridice  ale crizei sanitare generată de pandemia Covid-19

Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19

Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19
(Development of Means of Communication of Civil Procedural Acts in the Context of the Covid-19 Pandemic)

Author(s):Andrei-Radu Dincă, Ioana-Anamaria Filote-Iovu
Language:Romanian
Subject(s):Economy, Law, Constitution, Jurisprudence, Civil Law, ICT Information and Communications Technologies
Page Range:13-20
No. of Pages:8
Keywords:summoning; communication of procedural acts; digitalizing; telephone; electronic file;
Summary/Abstract:The context of the health crisis generated by the Covid-19 pandemic represented a good opportunity for the digitalization of the judiciary to evolve, feeling more and more the need to change the paradigm in summoning and communication of procedural acts. In this study, the authors aim to make a critical analysis of the current legislative framework, viewed from a historical perspective, of the means of communication of procedural documents, highlighting the difficulties encountered in judicial practice. In the final part of the study, the authors formulate several de lege ferenda proposals, likely to streamline the activity for the courts

Implicațiile măsurilor adoptate de autorități în perioada stării de urgență, respectiv a stării de alertă, asupra planului de reorganizare din procedura insolvenței

Implicațiile măsurilor adoptate de autorități în perioada stării de urgență, respectiv a stării de alertă, asupra planului de reorganizare din procedura insolvenței
(Implications of the Measures Adopted by the Authorities During the State of Emergency, Respectively of the State of Alert, on the Reorganization Plan from the Insolvency Procedure)

Author(s):Daniela Ilinca
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Social development, Economic development, Commercial Law
Page Range:21-26
No. of Pages:6
Keywords:insolvency; reorganisation plan; measures; term; extension”
Summary/Abstract:In order to fight against the effects of the COVID-19 pandemic, the authorities took a series of measures which had as object the restriction of some of the rights and liberties granted or, as the case mey be, defended by the Romanian Constitution, such as: the right to free movement, the freedom of assembly, the economic freedom. The measures taken by the authorities had a major impact upon the entire social and economic life and generated in many cases the total or partial interruption of the activity of some economic operators, with the consequence of the appereance of financial difficulties hard to overcome and even with the risk of the disappearance from the market of some economic operators. The current study refers to the amendments adopted by the legislator to the legal provisions regarding one of the fields of interest and continuos topicality of the economic and legal life, respectively the insolvency proceedings, with an emphasing on the amendments of the legal provisions related to the proposal and the implementing of the reorganisation plan, as well as case-law regarding the application of such amendments.

Implicațiile pandemiei în activitatea notarială

Implicațiile pandemiei în activitatea notarială
(Implications of the Pandemic in Notarial Activity)

Author(s):Lidia Seceleanu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Business Economy / Management, Civil Law, ICT Information and Communications Technologies
Page Range:27-31
No. of Pages:5
Keywords:resilience; synergy; digitization; management modern digital instruments; fundamental rights opportunity (appropriateness); protection measures; notarial activity;
Summary/Abstract:Resilience is achieved through synergy, the two sine-qua-non conditions in order we may not be subdued by the times and overcome such difficult pandemic times… In the notarial activity, the modern digitization measures which became necessary years before this sad pandemic period we are facing have proved to be appropriate and also mandatory as a solution within the framework of the adequate and cautious medical decisions, which need to regulate such circumstances which belong to the events of force majeure. Under such disturbing circumstances, which naturally generate solutions as well, and overreactions and errors, the notarial activity as a service of public interest has not been interrupted, moreover, the notary public being obliged to ensure the continuity of the entire category of legal facts and deeds based on which the civil legal relationships – civil circuit emerge.

Impactul situației pandemice asupra relațiilor comerciale

Impactul situației pandemice asupra relațiilor comerciale
(The Impact of the Pandemic Situation on Trade Relations)

Author(s):Dragos Daghie
Language:Romanian
Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International relations/trade, Commercial Law
Page Range:32-36
No. of Pages:5
Keywords:trade; pandemic; impact; traders;
Summary/Abstract:The year of grace 2020 brought a unique situation for our society, in the context of pandemic situations never seen before by contemporaries. The danger of losing one's life but also the fear of the unknown has determined and continues to determine a state of insecurity that is fundamentally reflected in all areas of society. Of course, the sphere of trade could not be avoided, this very important area of the economy being severely affected by all the measures that have been taken to combat, limit and prevent the spread of the virus. Thus, the commercial contracts suffered, the non-executions of the contract being very common, just as the delays or non-conformities increased. Also effects on trade were the decreases in the number of transactions and the clientele that used the goods/services of traders, given the travel limitations and restrictions imposed during emergencies and/or alerts.

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus
(International Arbitration - Virtual Hearings One Year after the Challenges of the Coronavirus Pandemic)

Author(s):Cristina Ioana Florescu
Language:Romanian
Subject(s):Economy, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, Commercial Law
Page Range:37-46
No. of Pages:10
Keywords:arbitration; pandemic coronavirus crisis; virtual tools; remote hearings;
Summary/Abstract:As a result of the coronavirus crisis, it seems inevitable that the number of commercial disputes will increase and, in this environment, arbitration has proved an agile, resilient and also flexible, adaptable mechanism to the challenging times to which it is subjected. However, arbitrations have continued during the crisis not just because of the scope for controversial situations arisen due to pandemic, but also because some court litigations have been postponed or stopped for a while and especially due to the extended court closure arising from the pandemic restrictions. Therefore, the viable solution remained arbitration. Arbitration growth its strength with parties selecting it over litigation for more different practical reasons, even from the negotiation stage, when parties expressed more inclination and interest towards arbitration. The impact of coronavirus has forced arbitral institutions, parties, their counsels and other participants to act and quickly adopt new modern means of electronic case management tools to convene virtual hearings. In this respect, protocols and relevant guidelines to remote procedure have been promulgated in order to offer the necessary flexibility, the tools and a steady mechanism required to resort to arbitration. The arbitral institutions contributed to the arbitration stability and foreseeability by cooperating and issuing guides for the use of the technology in the most effective and efficient possible way, to achieve a world prepared to face this new coronavirus era. That is why we consider that these virtual tools should be adopted also for the future, to benefit of them in the post pandemic era.

Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19

Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19
(Labour Law Instruments Used to Limit the Effects of the Covid 19 Crisis)

Author(s):Raluca Dimitriu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
Page Range:49-55
No. of Pages:7
Keywords:labour law; working time; technical unemployment; sanitary crisis; labor relations;
Summary/Abstract:During the Covid 19 pandemic, labour law provided some of the most effective levers for limiting the effects of the economic crisis that accompanied the sanitary crisis. It is further evidence that labour law, which is flexible and adaptable, can be used in crisis situations as a tool for restoring social and economic relations. Each Member State has implemented its own strategies, but some common elements can be easily identified. The study aims to highlight the Romanian options and their effects in terms of labour relations, in the context of a comparative law analysis of policies to reduce the economic consequences of the pandemic crisis. The main measures envisaged are the suspension of employment contracts and the reduction of working time, both of which aiming to avoid redundancies and to maintain a minimum level of workers' income.

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România
(Implications of the Pandemic Generated by the SARS-CoV-2 Virus Regarding the Romanian Labor Legislation)

Author(s):Dan Ţop, Ana Maria Alexandra Iancu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
Page Range:56-62
No. of Pages:7
Keywords:State of emergency; alert status; work legislation; Covid-19 pandemic; labor contract;
Summary/Abstract:The state of emergency established in Romania on March 16, 2020 by Decree no. 195/2020 and extended until May 14, 2020 by Decree no. 240/2020, was followed starting with May 15, 2020 by the state of alert at national level, for a period of 30 days, declared by Government Decision no. 24/2020, subsequently being extended successively. In this context, it has been necessary to adopt by law restrictive measures, essentially temporary and, where appropriate, gradual, proportionate to its predicted or manifested level of severity, necessary to prevent and eliminate imminent threats to conventional, Union and European rights. constitutionality to the life, physical integrity and health of persons, in a nondiscriminatory manner, and without prejudice to the existence of other fundamental rights or freedoms. Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, in section 3 (art. 16-31) established a series of measures to adequately protect labor relations. The following were considered: employment without examination or competition in the public sector; modification, suspension and termination of individual employment contracts; working time and rest time; granting days off to salaried parents for the supervision of children; prolongation of the validity of collective labor agreements and collective labor agreements, etc. Other normative acts developed during this period also regulated various situations, such as technical unemployment; reduced working week or temporary reduction of working hours (Kurtzarbeit) etc., aspects that we will analyze in this study

Telemunca în contextul pandemiei Covid 19

Telemunca în contextul pandemiei Covid 19
(Teleworking During Covid 19 Pandemic)

Author(s):Mariana Stan
Language:Romanian
Subject(s):Economy, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, Labour and Social Security Law
Page Range:63-67
No. of Pages:5
Keywords:teleworking; pandemic; economic and social interests;
Summary/Abstract:The article analyzes the teleworking during the Covid-19 pandemic, a short history, conditions, benefits of teleworking, development, the need to ensure economic support in the pandemic period, and the unexpected growth of teleworking.

Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului

Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului
(Current Aspects of Exercising the Parental Authority Over the Child’s Assets)

Author(s):Cristiana Mihaela Crăciunescu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Source Material
Page Range:68-72
No. of Pages:5
Keywords:parental authority; the child’s assets; best interest of the child; authorization;
Summary/Abstract::The exercise of parental authority over the child and its assets belongs jointly to both parents and it aims to ensure the conditions necessary for the child's upbringing and development of the child’s personality, as well as the protection of the best interests of the child. In the event that one of the parents is dead, missing, unable to express his or her will or if by court decision one of the parents has been granted the exclusive exercise of parental authority over the child, parental authority is exercised exclusively by one of the parents. As for the child’s assets, there is a special situation in which one of the parents is a minor, having limited ability to exercise parental authority. According to the current case law, the exercise of parental rights and the fulfillment of parental obligations regarding the child's assets encounters certain difficulties, especially in situations in which only one of the parents has the right to exercising parental authority. The problem mainly lies in the necessity and opportunity for the guardianship authority to authorize certain documents that the parent must conclude, regarding his or her child’s assets.

Unele observații privind caracterul anchetei sociale în procesele cu minori

Unele observații privind caracterul anchetei sociale în procesele cu minori
(Some Remarks on the Nature of Social Inquiry in Juvenile Trials)

Author(s):Georgeta Creţu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:73-76
No. of Pages:4
Keywords:means of proof; social investigation; judicial practice; guardianship autority;
Summary/Abstract:In the present study, we try to answer the question of whether or not the social investigation, in proceedings with minors, is a means of proof, given that Article 374 of the Civil Code on divorce by consent of the spouses does not mention the investigation. social, the only obligation mentioned in the court being to verify the existence of free and untainted consent of each spouse. we also show that the only clear mention of the obligatory social investigation in the civil code is found in article 375 par. (2), which explicitly mentions the manner in which the divorce is established by the agreement of the parties by the notary public. In conclusion, we show that the social investigation is a means of proof and the only institution expressly provided by the legislator to request a social investigation report for divorce by agreement is the court.

RGPD/GDPR: prelucrarea datelor cu caracter personal la încheierea/executarea unui contract. Unele particularități privind prelucrarea datelor cu caracter personal în condițiile crizei Covid-19

RGPD/GDPR: prelucrarea datelor cu caracter personal la încheierea/executarea unui contract. Unele particularități privind prelucrarea datelor cu caracter personal în condițiile crizei Covid-19
(GDPR: Processing of Personal Data at the Conclusion/Execution of a Contract. Processing of Personal Data During the Covid-19 Crisis)

Author(s):Mirela-Carmen Dobrilă
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Page Range:77-86
No. of Pages:10
Keywords:personal data protection; RGPD/GDPR; concluding/executing a contract; Covid-19; Regulation (EU) 2016/679;
Summary/Abstract:The processing of personal data is legal if the conditions of Regulation (EU) 2016/679 - GDPR are met. Regarding the legality of the processing, the article focuses on the processing of personal data under the conditions of art. 6 GDPR: processing is necessary for the performance of a contract to which the data subject is party or in order to enter into a contract. The article draws boundaries between this legal basis for processing and consent-based processing. The crisis caused by the Covid-19 pandemic brought many challenges, the article analyzing some aspects related to the processing of personal details in the context of the Covid-19 crisis.

Excepția de neexecutare a contractului – instrument juridic vechi, recomandat în pandemia Covid 19

Excepția de neexecutare a contractului – instrument juridic vechi, recomandat în pandemia Covid 19
(The Exception of Non-Performance of the Contract (exceptio non adimpleti contractus) – an Old Legal Instrument Advisable in the Covid-19 Pandemic)

Author(s):Nora Daghie
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:87-94
No. of Pages:8
Keywords:uncertainty; non-availability of performance; risk of non-performance; suspension of obligations; dissolution of contractual relationship;
Summary/Abstract:To state that the exception of a non-performed contract has as single end performance of corresponding obligation means to limit its effects and to create an idealistic vision of the discharge of obligations. While it was initially aimed at ensuring observance of the predefined order of reciprocal/bilateral contract or relationship performance, the exception of a non-performed contract could play an important role against the risk of non-performance, or even against a nonperformance given notice of before the due date. The interpretation of Article 1556 in conjunction with Article 1270, both of the Civil Code, added to other practical arguments, substantiates the need to expressly recognize this exception an active role, and not just a passive constraining role in the conduct of the underlying relationship. When the non-availability of performance affects the debtor only temporarily, the creditor has been recognized by the lawmaker, under the provisions of Article 1557(2) of the Civil Code, the possibility to opt for either having its own obligations suspended, or termination of the contract. Moreover, considering the provisions of Article 1534(2) of the Civil Code, the party injured by a contract's nonperformance is required to take reasonable steps to limit its adverse consequences.

Despre societate și drept în criza socială contemporană

Despre societate și drept în criza socială contemporană
(On Society and Law in the Contemporary Social Crisis)

Author(s):Ion Craiovan
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
Page Range:97-101
No. of Pages:5
Keywords:society; law; the functions of law; the social crisis;
Summary/Abstract:All societies involve a minimum general agreement on values but certainly on the existence of conflicts. The disasters and injustices that people face in various parts of the globe are not just misfortunes that must be endured, but legitimate grounds for action compliance with culturally desirable normative models of the behaviors of most individuals and social groups. This complex and contradictory process is shaped by the interference of various processes of socialization, adaptation, integration and social control. The contemporary social crisis, with one of its acute expressions created by the pandemic situation created by Corona Virus, requires in the highest degree the mobilization and rethinking of knowledge resources related to society, its contemporary physiognomy, the strategy of orienting the functions of law in times of instability , conflict and social slippage. In this sense, we try some reflections that can be capitalized in the process of elaboration and application of the law in the current situation.

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2
(Considerations on Reconfiguring the Perception of Natural Law Concepts in the Light of the Social Dynamics Generated by the Sars-Cov-2 Crisis)

Author(s):Claudiu Ramon Butculescu, Alexandru Florin Măgureanu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Page Range:102-107
No. of Pages:7
Keywords:natural law; concepts of law; law schools of thought; Covid-19; perception of law;
Summary/Abstract:This article tackles some aspects related to the features of the natural law school of thought, with regard to its traditional approach, as well as possible changes in the perception of concepts drawn by this current in the field of law as a result of social changes generated by the Sars-Cov-2 pandemic. Natural law is one of the most studied school of thought in law, being based on the concept of immutable and aprioristic law. Thus, the features of natural law seem at first sight unaffected by health crises in general and therefore by the health crisis caused by the Covid pandemic 19. The vast majority of natural law theorists accept a dissociation between the features of natural law, in their pure, immutable form and the perception of these features and their applicability in the mundane universe. The perception of natural law paradigms, once almost as immutable and inflexible as the essence of natural law itself, which they reflect in a still imperfect mirror, has been influenced by the obvious perceptual changes of a social nature that the pandemic has caused in the last year and a half. Consequently, this article contains some analyzes and correlations between the social effects of the pandemic and the changes that these effects have brought to the perception of natural law. The finality of the conclusions will try to illustrate a new configuration of the perception of law. naturally in a post-pandemic and even inter-pandemic universe.

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?
(Covid-19 Pandemic - Confirmation of the Solidity or Vulnerability of the Rule of Law?)

Author(s):Viorel Gheorghe
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Page Range:108-120
No. of Pages:13
Keywords:pandemic; legal system; state; rule of law; statutory rules; Constitution;
Summary/Abstract:The Covid-19 pandemic provided the most concrete example of vulnerability of states, systems and the rule of law: from the need to reconfigure the state functionality to the non-compliance with national laws (found both in simple individuals and, worse, to certain policy makers), to undoubted speculations and the misinterpretation of law and the presence of abuse in the individual-state legal relationships. The suggestive title of this conference is meant to highlight both the social, ethical and legal controversies, internally, and those characteristic to the foreign policy. After the Second World War, the current pandemic and the reality in the public space generated the most complex legal controversies and debates in all areas of socio-political life, including doubts about the ability of states to ensure the rule of law. Along with the undoubted emergence of a new perspective on the evolution of the law system, we are not mistaken if we join the WHO President who said that the pandemic has created more problems than the damage caused by the Second World War, in some of the documents issued by various entities within the European Union, revealing a worrying reality. For this reason, and in this specific context, the state solidity will be directly proportional to the degree of appropriation and awareness that the rule of law emerges from the constitutional order, meaning that the rule of law is established by all legal rules issued on the basis and in accordance with the fundamental law, the Constitution

Umanismul sub Corona

Umanismul sub Corona
(Humanism under Corona)

Author(s):Mihaela Aghenitei, Jafar Samdani
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Page Range:121-128
No. of Pages:8
Keywords:Humanism; Corona; Rights; Globalization; Cooperation;
Summary/Abstract:Humanists seek to use science creatively, not destructively. Humanists believe that the solutions to mankind's problems lie in human thought and action, not in divine intervention. Humanism supports the application of scientific methods and free thinking on human welfare issues. But at the same time, humanists believe that the application of science and technology must be tempered by human values. Science does not provide the means, but human values must propose the ultimate goal. It affirms the value, dignity and autonomy of the individual and the right of every human being to the highest possible level of freedom, compatible at the same time with the rights of others. Humanists have a duty to care for all of humanity, including future generations. Humanists believe that morality is an intrinsic part of human nature, based on understanding and care for others, which does not need external confirmation. Many people blame globalization when it comes to the epidemic caused by Coronavirus and argue that the only way to prevent other similar epidemics is to deglobalize the world. Building walls, restricting travel, reducing trade. However, although short-term quarantine is essential to stop epidemics, long-term isolation will lead to economic collapse without providing real protection against infectious diseases. The exact opposite will be created. The real antidote to an epidemic is not segregation, but cooperation.

Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică

Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică
(Fundamental Principles of the Orthodox Canon Law. An Analitical Approach)

Author(s):Cosmin Santi
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law
Page Range:129-143
No. of Pages:15
Keywords:fundamental principles; canon law; legislation; Church; canons;
Summary/Abstract:Principles represent general rules, basic ideas, having the role to ground and prepare the legal framework for the development of a complex process or the synthesis of a social and juridical experience, assuring a balance and a relation between the rights and obligations of a person, of a society in its entirety. The principles of canon law represent statements applicable to all the canon systems or canon prescriptions. These are applicable to all the autocephalous Orthodox churches, so have a universal character, according to the canon tradition and conscience. The basis of canon law and implicitly of its principles is theology but also the juridical sciences. The fundamental canon principles are principles of organization and administration of the Church, being ordained from the beginning in the light of the Savior Christ, as ontological basis and ground, along with the moral dogmas and values. The fundamental canon principles of the Church are found especially in her universal Constitution, consisting in the collection of the Holy Canons, in the long-lived and constant practice of the church life, become custom of canon law.

Bazele constituționale ale ordinii publice

Bazele constituționale ale ordinii publice
(Constitutional Bases of Public Order)

Author(s):Iulian Nedelcu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Administrative Law
Page Range:147-150
No. of Pages:4
Keywords:principle of proportionality; public administration; public order; fundamental rights and freedoms; positive law;
Summary/Abstract:The public administration through coercion and through the administrative police intervenes to avoid disturbances to public order, to maintain social discipline. But it is not simply a matter of the order necessary for the functioning of any community, whatever it may be. It is a finalized, bound order, as shown in French doctrine1 of the construction of the liberal state. Not of a totalitarian order, of an order for order, but of an indispensable order to guarantee the rights, to defend the freedoms proclaimed in the Declaration of Human Rights and especially in the constitutions of the democratic states. Therefore, public order is a valuable constitutional objective. Public order can be general or special. The general public order corresponds to a minimum of conditions that appear as indispensable to guarantee the exercise of fundamental freedoms and rights. Therefore, related to the primary function of the public authority, the general public order can and must be ensured by it, even outside any express authorization. But its content retains a contingent and relative character, which varies according to social situations and conceptions; released, in the absence of texts that are never necessary in this field, of jurisprudence. Currently, in positive law, four purposes of public order can be identified: security, sanitation, peace and a certain form of public morality. The first three, which deal with good material order, are moreover expressly enshrined in the legislation on the activities of public administration authorities.

Statul de drept și situațiile excepționale

Statul de drept și situațiile excepționale
(Rule of Law and Exceptional Situations)

Author(s):Marius Andreescu, Andra Puran
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
Page Range:151-158
No. of Pages:8
Keywords:conditions of the rule of law; guarantee of fundamental rights; exceptional situations; guarantee of the requirements of the rule of law during the state of emergency and the state of alert;
Summary/Abstract:The exceptional state declared on the territory of a country can be a possible restriction of democratic values, including for the requirements of the rule of law. In this study we analyze the legitimacy and especially the constitutionality of such a situation. In this study we analyze the most important elements and features of the rule of law with reference to contemporary realities in Romania in the context of the requirements expressed in the political and legal instruments of the European Union An important aspect of the analysis refers to the observance and guarantee of the rule of law. The state of emergency and the state of alert declared on the Romanian territory. Excessive power of public authorities, excessive politics and disrespect for the independence of the judiciary are aspects of contemporary social and state reality that contradict the requirements of the rule of law. The most significant aspects of the jurisprudence of the Constitutional Court regarding the guarantee of the attribute of rule of law are analyzed, including during the state of emergency and the state of alert.

Ordinea de drept constituțională în timpul stării excepționale și a stării de alertă

Ordinea de drept constituțională în timpul stării excepționale și a stării de alertă
(Constitutional Legal Order During the Exceptional State and the Alert Order)

Author(s):Iosif Friedman-Nicolescu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
Page Range:159-162
No. of Pages:4
Keywords:exceptional condition; state of alert; order of law; rights and freedoms;
Summary/Abstract:The state of emergency and the state of alert determine fundamental changes of the constitutional rule of law, on the persons and institution of the rule of law.

Instrumente constituționale pentru gestionarea situațiilor de criză

Instrumente constituționale pentru gestionarea situațiilor de criză
(Constitutional Instruments for Crisis Management)

Author(s):Grigore-Florin Popescu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Health and medicine and law
Page Range:163-168
No. of Pages:6
Keywords:COVID-19 pandemic; state of emergency; restriction of rights; competence; constitutionality;
Summary/Abstract:The premise of this study is given by the pandemic of COVID-19, which determined the adopting of measures, at state level, which restricted fundamental rights and freedoms in order to protect public order and health. This article will show that the state has a constitutional nature duty to intervene actively through legal means commensurate with the existing danger in order to remove the imminent threats. Practically, it will be underlined that any restriction must pursue the protection of the general interest or the rights of other persons and must be necessary and proportionate to the need to do so. In this regard, references will be made to the exceptional situations, which are limitingly provided in the Romanian Constitution. One of these situations is the state of emergency, which was declared in our country in March 2020. A constitutionality issue proposed for approach concerns the competent institutions in this matter, in accordance with the principle of state powers separation and balance. It will also be shown that the idea of constitutionality is not limited to the regulation in the Fundamental Law of exceptional situations and measures intended to return to normality, but it also involves verifying the compatibility with the Constitution of normative acts enacted in specific circumstances. In this respect, will be highlighted the control exercised by the Constitutional Court over the laws and ordinances of the Government during the health crisis, which either confirms constitutional validity or reveals defects of unconstitutionality and provides the guidelines for remedy

Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății

Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății
(Systemic Deficiencies Identified in the Covid-19 Context on the Right to Healthcare)

Author(s):Cătălina Georgeta Dinu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, General Reference Works, Civil Law, Sociology, Health and medicine and law, Source Material
Page Range:169-173
No. of Pages:5
Keywords:right to health care; public interest; state of emergency; pandemic;
Summary/Abstract:The pandemic generated by the new Coronavirus caused a rapid change in the way of approaching the legal issues and the adaptation to a legislative framework that tried to regulate the new factual situation. A number of notions and legal institutions have acquired a special importance, being necessary their reinterpretation in the context of COVID-19, in order to identify solutions that correspond to these situations that humanity has been facing and, at the same time, have brought to the light systemic deficiencies which until then had not been considered sufficiently relevant or which had been amplified to an incredible extent. Force majeure, state of emergency, military commands, public interest, public health are just some of the notions that got a major role overnight. Emergency medical assistance and dental care, the rights of patients with chronic diseases, the fair balance between restricting the exercise of individual rights and public safety have led to a relaunch of medical law - a branch of law which, until recently, has been in a shadow cone, poorly represented from a doctrinaire point of view. Also, the sudden emergence of an unprecedented new global situation has been a challenge for public administration authorities, both at central and local level, and, in the same time, a necessity to manage it effectively and make appropriate decisions. The objective of this study is to present a retrospective analysis of the most important situations of this kind, from a juridical perspective and the underlining of the found deficiencies.

Reflecții asupra legalității unor acte administrative cu caracter normativ emise de ministrul sănătății în perioada stării de alertă determinată de pandemia COVID-19

Reflecții asupra legalității unor acte administrative cu caracter normativ emise de ministrul sănătății în perioada stării de alertă determinată de pandemia COVID-19
(Reflections on the Legality of Some Normative Administrative Acts Issued by the Minister of Health During the State of Alert Determined by the COVID-19 Pandemic)

Author(s):Silviu Dorin Şchiopu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, General Reference Works, Sociology, Health and medicine and law, Source Material, Administrative Law
Page Range:174-181
No. of Pages:8
Keywords:COVID-19 pandemic; state of alert; minister of health; normative administrative acts;
Summary/Abstract:Reflections on the Legality of Some Normative Administrative Acts Issued by the Minister of Health During the State of Alert Determined by the COVID-19 Pandemic in the Execution of Law No. 136/2020 on the Establishment of Measures in the Field of Public Health in Situations of Epidemiological and Biological Risk. In the situations of epidemiological and biological risk provided in Law no. 136/2020, if there is an imminent risk, the Minister of Health establishes by order - administrative act of a normative nature - the manner of application of the measures provided in the mentioned law. Thus, the measure of isolation in a health unit established by decision of the public health directorate will be based on the order of the Minister of Health issued for the concrete execution of the law. However, the judicial control of the normative administrative acts is exercised by the administrative contentious court only within the action for annulment, under the conditions provided by Law no. 554/2004, so that ministerial orders cannot be the subject of the objection of illegality. Therefore, persons in respect of whom the measure of isolation in a health facility has been instituted, although they can ask the court to annul the decision issued by the public health directorate, they will not be able to invoke a possible illegality of the order issued by the minister of health, the latter not being able to be the object of the exception of illegality. This is why it is essential that ministerial orders be issued in the letter and spirit of the laws adopted by Parliament. In order to illustrate the (un)lawfulness of normative administrative acts issued by the Minister of Health during the alert period, in this short study we will analyse the orders that imposed the social medical detention of persons infected with the SARS-CoV-2 virus after the entry into force of the Law on the establishment of measures in the field of public health in situations of epidemiological and biological risk.

Rechiziția de bunuri – o măsură excepțională revenită în actualitate în contextul pandemic

Rechiziția de bunuri – o măsură excepțională revenită în actualitate în contextul pandemic
(Requisition of Goods - an Exceptional Measure Now Relevant in the Context of the Pandemic)

Author(s):Dumitru Dobrev, Adriana Arseni
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
Page Range:182-188
No. of Pages:7
Keywords:requisition of goods; pandemic; COVID 19;
Summary/Abstract:The study presents the legislation on requisitioning of goods in Romania, the way it passed the pandemic test and the different case-law solutions that were generated by the application of this law as well as de lege ferenda proposals as a result of the COVID 19 pandemic.

Sancţionarea organizării evenimentelor sportive în perioada stării de alertă

Sancţionarea organizării evenimentelor sportive în perioada stării de alertă
(Sanctioning the Organization of Sports Events During the Alert State)

Author(s):Adrian-Milutin Truichici, Luiza Neagu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Sociology, Sports Studies
Page Range:189-192
No. of Pages:4
Keywords:organization of sports events; democracy; freedom; public health; alertness; the principle of legality;
Summary/Abstract:Compliance with the law is mandatory, but a subject of law cannot be required to comply with a law that is not clear (regarding the unequivocal nature of the object of regulation), accurate (with reference to the accuracy of the chosen legislative solution and the language used) and predictable (on the purpose and consequences it entails), as he cannot adapt his conduct to the normative hypothesis of the law. One of the requirements of the principle of compliance with the laws concerns the quality of normative acts, therefore, any normative act must meet certain qualitative conditions, respectively to be clear, precise and predictable

Consideraţii privind procedura contenciosului funcției publice

Consideraţii privind procedura contenciosului funcției publice
(Considerations Regardind the Civil Service Litigation Procedure)

Author(s):Adrian-Remus Ghiculescu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Administrative Law
Page Range:193-199
No. of Pages:7
Keywords:administrative liability; civil servant; administrative act; action in administrative litigation; state of emergency;
Summary/Abstract:The study examines, briefly, the issue of the procedure applicable in resolving appeals declared against disciplinary sanctions against civil servants, after the entry into force of the Administrative Code in 2019. Because the acts regarding the birth, modification, suspension and termination of service relations, as well as the acts regarding the disciplinary sanctioning of civil servants, have the legal nature of administrative acts, the legislation specific to the civil service is completed, first of all, with the Law on administrative litigation no. 554/2004, so that, in the absence of derogating provisions, the action by which the civil servant invests the administrative contentious court is subject to the terms and conditions provided by this normative act, including the preliminary procedure. In turn, the provisions of this law are supplemented by the provisions of the Code of Civil Procedure, insofar as they are not incompatible with the specifics of service relations between public authorities, on the one hand, and civil servants harmed in their legitimate rights or interests, on the other hand. The establishment of the state of emergency and, subsequently, of the state of alert had implications on the trial procedure in the litigations of administrative contentious, but also on the legal regime of the forfeiture and prescription terms. In all cases, the courts have the obligation to ensure compliance with the fundamental principles of civil proceedings, but also the principles governing administrative liability, particularly the principle of legality of liability, the principle of justice or proportionality of liability and the principle of celerity.

Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale

Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale
(Codification of Cultural Heritage Legislation and Its Legal and Social Implications)

Author(s):Sorin Ivan
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
Page Range:200-205
No. of Pages:6
Keywords:cultural heritage; legal protection; code; legislative unification; social responsibility;
Summary/Abstract:The legal protection of cultural heritage is a topical issue for the Romanian political and legal world. The importance of the cultural heritage in the individual’s and nation’s life, on the one hand, the risks and threats addressed to it, on the other hand, have brought to the fore the need to strengthen and modernize the legal framework for its protection. A solution in this direction, within the framework of European developments, is the implementation of the Cultural Heritage Code. The idea has been objectified so far in the Preliminary Theses of the Cultural Heritage Code (2016). Codification of cultural heritage legislation is a necessary measure, which ensures the integration of the existing legislation in a unitary vision and in a modern, flexible and efficient legal framework. Such a legal instrument contributes to eliminating regulatory dysfunctions, overcoming the legislative vacuum or over-regulation, to conceptual unification, coherence of approach and harmonization of rules. At social level, it creates a favourable framework for raising awareness about the importance of protecting, preserving and developing cultural heritage, for increasing responsibility and involving citizens in the process of protection and conservation, for the implementation of programmes and projects in the field. Synergistically, a necessary and priority measure is the development of education for heritage, with an emphasis on the importance of cultural heritage, its protection, conservation and transmission to future generations.

Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene

Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene
(The Impact of the Pandemic COVID-19 on the Judiciary System in the European Union)

Author(s):Laura Magdalena Trocan
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, EU-Legislation
Page Range:209-215
No. of Pages:7
Keywords:Covid -19; justice; European Union; human rights; judiciary system; international cooperation;
Summary/Abstract:The Covid - 19 pandemic has generated a global health crisis, with profound implications for all areas of life, and the measures taken against it have been unprecedented challenges for all state authorities and the population. Justice has not been spared by the effects of the pandemic, restrictive measures taken all over the world, including at European Union level, have in many cases disrupted activity in this area, they infringed fundamental rights, caused procedural delays, affected procedural deadlines and led to the suspension or reduction of legal aid and public and community services. The measures have significantly affected international cooperation and also reconfigured the use of digital tools in the judiciary system. In this context, this article aims to provide an overview of the consequences of the Covid-19 pandemic on the judiciary system in the European Union in the light of the measures taken to combat its effects, using official information on the portals of national and European institutions.

Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19

Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19
(Protection of Personal Data, Rights and Obligations of Employees in the Context of the Health Crisis Caused by the Covid-19 Pandemic)

Author(s):Daniela Duță
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation, Labour and Social Security Law
Page Range:216-226
No. of Pages:11
Keywords:personal data protection; employee; rights and obligations of employees; Covid-19 pandemic; privacy;
Summary/Abstract:This study aims to present the changes to the rights and obligations of employees as a result of the spread of SARS-CoV-2 coronavirus. The study follows the new regulations and legislative changes brought to the employees' rights at national level, such as: work from the employee's home, or from any other location agreed with the employer; telework, granting days off for parents to supervise their children, reducing working time, extending the validity of documents including collective labor agreements and related data processing. Since the state of emergency, economic operators have had to provide employees with an adequate level of protection through measures such as: providing logistical means for working from home or teleworking, where possible, measuring body temperature with appropriate means to check whether it exceeds or does not exceed a certain predefined level at the entrance to the operator's buildings. In the context of the spread of the SARS-CoV-2 coronavirus and the massive digitalization, new personal data were processed such as: place of work of the employee in the situation of work at home or telework, data on health, electronic signature, image, voice, calendar dates and times for online connection to virtual meetings and events, trainings conducted on various platforms. At the level of the European Union, the European Parliament adopted the Resolution of 21 January 2021 by which it addressed a series of recommendations to the European Commission on the need to regulate at the level of the member states the employee's right to disconnect. The pandemic accelerated the transformations and reconfigured the labor relations that had to be adapted to the new realities, bringing new particularities and associated risks.

Certificatul digital al UE privind COVID: garanții și riscuri în domeniul protecției datelor cu caracter personal

Certificatul digital al UE privind COVID: garanții și riscuri în domeniul protecției datelor cu caracter personal
(EU Digital COVID Certificate: Guarantees and Risks Regarding Data Protection)

Author(s):Marius Catalin Mitrea
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation
Page Range:227-243
No. of Pages:17
Keywords:Uniunea Europeană; EU digital certificate COVID; Data Protection; COVID applications;
Summary/Abstract:The COVID-19 pandemic has fundamentally changed the global pace, leaving strong marks especially on the economy, people and interpersonal social relations. Faced with an exceptional situation, EU Member States have put in place exceptional measures to combat the pandemic, including by restricting fundamental rights and freedoms, to protect the public health. In order to limit the effects of COVID-19, EU states have restricted non-essential cross-border travel. The effects of restricting free movement have severely affected Member States' economies and decision-makers have sought the best solutions to speed up their recovery. Initiated by the European Commission, the idea of implementing for EU citizens a standardized document dedicated to facilitate a safe free movement during the COVID-19 pandemic has progressed from the European Electronic Certificate to the EU Digital COVID Certificate, passing through numerous filters, receiving adjustments and improvements. Presented by the Commission as a necessary tool for reaffirming freedom of movement within the EU and reviving the economies of EU states, the EU Digital COVID Certificate must respect fundamental rights and freedoms, including the ones regarding the processed data and their protection. This scientific study will identify both the safeguards and the data protection risks of the EU Digital COVID Certificate, analyzing the context, the technical measures on data security, as well as the operations on collection, registration, organization, structuring, storage, extraction, consulting, using, restricting, deleting or destroying the data collected.

Efectele pandemiei asupra digitalizării justiției

Efectele pandemiei asupra digitalizării justiției
(The Effects of Pandemic on the Digitalisation of Justice)

Author(s):Beatrice-Florina Draghiciu
Language:Romanian
Subject(s):Economy, Law, Constitution, Jurisprudence, Law and Transitional Justice, ICT Information and Communications Technologies
Page Range:244-248
No. of Pages:5
Keywords:pandemic; justice system; digitization; effects; authorities;
Summary/Abstract:The reality generated by the COVID-19 pandemic has led to the acceleration of the digitization process in many social and economic activities, but also in the field of justice. While courses, work and even interaction with certain state authorities have moved in a significant percentage in the virtual environment, technological progress in the justice system has tried to respond effectively to the challenges posed by the need for social distancing. National and international authorities have adopted numerous regulations that allow the introduction of justice in the age of technology. Although these rules established in the context of the pandemic are only applicable during the state of alert at national level, we can say that they represent the first step towards a system that could be adopted on a permanent basis.

Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate

Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate
(The Principle of Free Movement and Restrictions Based on Reasons of Public Policy, Public Security and Health)

Author(s):Cornelia Beatrice Gabriela Ene-Dinu
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:249-254
No. of Pages:6
Keywords:freedom of movement; public order; public safety; health; European law;
Summary/Abstract:Freedom of movement is one of the fundamental rights within the European Union, an essential and absolutely necessary element for the existence of the common market. This field’s acquis gives the European citizens the right to move freely within the EU in their personal and professional interests. In this dynamic field, which is evolving at the pace of the European integration process, free movement has an important social dimension. Free movement is not absolute but may be subject to certain limitations dictated by overriding interests and may therefore be restricted for reasons of public policy, public safety and health. The importance of the analyzed theme arises primarily from the fact that it is a topical issue related on the one hand to the purpose that formed the basis of the formation of the European Union, to give equal and mutual rights and benefits to the citizens of the Member States, and the main advantage was the right to free movement and, on the other hand, the current reality facing humanity in the context of the current crisis generated by the COVID-19 pandemic. The principle of non-discrimination regarding the right of residence and work within the European Union has been and will be at the heart of the free movement idea. An important aspect that makes the issue of free movement to be and to always remain relevant is the changes of political, economic, social and legislative nature at national level within the Member States of the European Union, changes that implicitly also influence the relations with the other Member State of the European Union.

Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal

Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal
(Implications of the COVID-19 Pandemic in the Field of Personal Data Processing)

Author(s):Alexandru Georgescu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation
Page Range:255-261
No. of Pages:7
Keywords:sensitive data; health data; operator; General Data Protection Regulation; data subject; medical crisis; security of personal data; scientific research;
Summary/Abstract:The outbreak of the medical crisis - the COVID 19 pandemic, in 2020, triggered chain reactions in all areas of social life. The fight against the spread of the virus required urgent measures and the adaptation of the existing regulatory framework. The right to privacy, the protection of health and the right to the protection of personal data are fundamental human rights enshrined in and protected by the Charter of Fundamental Rights of the European Union (EU) and by the Convention on the Protection of Human Rights and Fundamental Freedoms and last but not least by the General Regulation on data protection - no. 679/2016 GDPR. The study addresses issues related to the legislative framework for the processing of personal data, including health data in the context of the COVID 19 pandemic, based on measures to protect and limit the spread of the virus adopted by EU Member States - especially Romania, as well as processing health data for the purpose of scientific research. The first part of the article analyzes, without an exhaustive approach, the issues aimed at processing personal data in exceptinal situations – the COVID 19 pandemic by highlighting an important feature – the urgency of the measures taken and balancing them with the exercise of fundamental rights. This part identifies some critical points and some solutions proposed by data processing authorities or european bodies involved in the protection of personal data. The second part of the paper analyzes the normative acts and documents without legal force in Romania and in the EU, adopted during this period and considered as relevant in highlighting the impact that COVID 19 pandemic had in the field of data processing. Without exhausting the subject of the consequences of the pandemic on the field of data protection, the last part of the paper is devoted to the presentation of Romanian jurisprudential examples to show that data subjects have become more aware of their rights when their data is processed.

Conturarea unei noi ordini mondiale în contextul de pandemie

Conturarea unei noi ordini mondiale în contextul de pandemie
(Outlining a New World Order in the Context of the Pandemic)

Author(s):Cristina-Monica Kassai
Language:Romanian
Subject(s):Politics / Political Sciences, Politics, Social Sciences, Sociology, Environmental and Energy policy, Health and medicine and law, Geopolitics
Page Range:262-265
No. of Pages:4
Keywords:global system; environmental law; pandemic;
Summary/Abstract:In just a few weeks, the world order has shifted to another logic, that of the threat from an invisible enemy, which is not a state factor. From a geopolitical point of view, states accept the existence of systemic consensus levels, but in the face of this threat the only solution was to declare a state of emergency, followed by a state of alert, bringing increasingly drastic measures in response to the biggest sanitary crisis in the last 100 years. The COVID-19 pandemic is one of the worst challenges the world has ever faced. In addition to the cost of living and the deep health crisis, the world is experiencing an economic downturn that will have a serious impact on the well-being of a large part of the population in the coming years. States had to reform their economic governance in the wake of the pandemic crisis. With regard to the impact on environmental law, we must draw attention to the facts resulting from the government rules imposed. The impact of the coronavirus pandemic on the administration of environmental law can be exemplified by the temporary relaxation of the application of environmental regulations and fines.

Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu

Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu
(Compliance with the Standards of Legal Treatment of International Investments During the Global Economic Crises, Between Yes and No)

Author(s):Cristina Elena Popa Tache
Language:Romanian
Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration
Page Range:266-273
No. of Pages:8
Keywords:crisis; foreign investment; state of emergency; law and order; standards of protection;
Summary/Abstract:The state of emergency (exceptional condition) and the alert of the rule of law show, through their legal management, repercussions on all areas and, in particular, on the economy. The result is the economic crisis received almost immediately, with an exponential spread over the entire surface of the economic map. What further affects the states in these situations is the amount of financial losses suffered. In the case of international investment law - a sub-branch of public international law, a hasty and visionless management of the effects of the state of emergency and the alert of the rule of law can devastate the state involved in this process by the considerable damages it would suffer if the courts competent international authorities would oblige it as a result of non-compliance with the standards of legal treatment of international investments. International investment is protected by international law by setting standards of legal treatment that the governments of the host states have undertaken to comply with through investment treaties. Therefore, these standards of protection must be respected even in times of crisis, regardless of the reason that generated it, the policy of attracting and maintaining an investment climate favorable to international investment being an attribute of each state. Nothing can stop an investor from changing the geography of his business, in order to protect the investment made. The issue of violation of one or more standards by states is one of the most debated at the moment, because the international arbitration practice has decisions to oblige states to significant damages. In the present study, analysis and synthesis were used as the research method interdependent analysis and synthesis through analogies developed in a comparative method.

Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19

Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19
(Principles of Criminal Law for the Defense of the Social Order in the Context of the Pandemic - Covid 19)

Author(s):Ion Ifrim
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:277-282
No. of Pages:6
Keywords:coercion; persuasion; social order; legal order; public order;
Summary/Abstract:The views expressed below are intended to contribute to the clarification of theoretical and practical issues that give rise to conceptual difficulties, such as: principles of defence concerning social order, legal order, public order , in the well-known context, at present (pademia - COVID 19). In this respect, our criminal law doctrine shows that any branch of law, including criminal law, must have its own system of fundamental principles, distinct from those common to the whole system of law for the defence of public order.

Efectele pandemiei Covid-19 asupra Codului penal

Efectele pandemiei Covid-19 asupra Codului penal
(The Pandemic Covid-19 Effects on the Penal Code)

Author(s):Cornelia Vladu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:283-287
No. of Pages:5
Keywords:covid-19; pandemic; measures; crime; punishment;
Summary/Abstract:World Health Organization (WHO) has declared the COVID-19 infection pandemic, classifying it an international emergency in the public health sector. The pandemic is a crisis of the health and socio-economic systems, its effects being lasting, demanding attention on several levels in all sectors of our society. The measures taken in order to stop and limit the spread of the virus and the repercussions on the economy and society have hampered the legislation and its initiators. Thus, a new regime was established known as the state of emergency followed by successive periods of sanitary alert with significant aspects of constitutional opposition. Additionally, the disciplines of the legal system such as labor law, social law, criminal law, competition law and contract law and sometimes even the civil law also had notable instigations. Thereby, the Government has decided to amend the Criminal Code giving criminal purpose to acts previously classified as misdemeanor offenses by the Emergency Ordinance no. 28 from 18 March 2020 for the amendment and completion of Law 286/2009 on the Criminal Code published on 20.03.2020 in the Official Gazette no. 228/2020.

Drepturile omului în criza internațională Covid19. Experiențe și eșecuri

Drepturile omului în criza internațională Covid19. Experiențe și eșecuri
(Human Rights in the International Covid 19 Crisis. Experiences and Failures)

Author(s):Versavia Brutaru
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
Page Range:288-294
No. of Pages:7
Keywords:fundamental human rights; COVID19 crisis; derogatory measures; limitations;
Summary/Abstract:In principle, in exceptional circumstances, social or natural, which threaten the normal existence of society, the state may resort to derogatory measures concerning most of human rights, that is their exceptional limitations, much more severe than those acceptable in a period of normalcy. However, the derogating measures must have a single purpose, namely to resolve the crisis situation and return to normalcy, so they must respond to an overriding social need, must be strictly proportionate, the limitation must be duly substantiated and the application must be non-discriminatory.

Între pandemie și drept: unele schimbări ale vieții în penitenciar

Între pandemie și drept: unele schimbări ale vieții în penitenciar
(Between Pandemic and Law: Some Changes Regarding Life in the Penitenciary)

Author(s):Lorena-Mihaela Zidaru
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:295-299
No. of Pages:5
Keywords:prison environment; family visits; prison measures and restrictions; European states’ approach; EuroPris reports;
Summary/Abstract:The outbreak and spread of the COVID-19 virus confronted prison services daily with new challenges especially because these services are dealing with closed environments and this makes it especially difficult to provide for the right care for both prisoners and staff working in prisons. In this context it was highly important to tackle the newly arisen issues in the best possible way, choose the optimum approach and measures to keep the situation as much as possible under control and adjust to the changes in a fast, decisive and balanced rhythm.

Implicații juridice ale crizei sanitare generată de pandemia Covid-19 la nivelul sistemului penitenciar

Implicații juridice ale crizei sanitare generată de pandemia Covid-19 la nivelul sistemului penitenciar
(Legal Implications of the Health Crisis Generated by the Covid-19 Pandemic in the Romanian Penitentiary System)

Author(s):Aura Preda
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:300-305
No. of Pages:6
Keywords:legal; health crisis; Romanian penitentiary system;
Summary/Abstract:The paper presents the Impact of the sanitary crisis generated by the Covid-19 pandemic at the level of the Romanian penitentiary system, respectively in various types of penitentiary units: penitentiaries, penitentiary hospitals, detention centers and educational centers.

Pandemia în mediul carceral

Pandemia în mediul carceral
(The Pandemic in the Prison Environment)

Author(s):Crina-Bianca Vereș
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:306-309
No. of Pages:4
Keywords:pandemic; penitentiary; ECHR; overcrowding; health;
Summary/Abstract:International human rights law guarantees everyone the right to the highest achievable and mandatory standard of health and obliges the governments to take measures to prevent threats to public health and to provide medical care to those who need it. In the context of the SARS-CoV-2 pandemic, regarding the problem of overcrowding and poor hygiene conditions in prisons, an analysis is required that brings to the forefront possible compliance with generally binding rules imposed internationally. the study proposes to highlight the impact of the pandemic in the prison environment

Phishingul în contextul pandemiei Covid-19

Phishingul în contextul pandemiei Covid-19
(Phishing in the Context of the Covid-19 Pandemic)

Author(s):Mihai-Adrian Dinu
Language:Romanian
Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law, ICT Information and Communications Technologies
Page Range:310-314
No. of Pages:5
Keywords:cybercrime; phishing; prevention; pandemic; covid-19;
Summary/Abstract:The objective of the present paper is to conduct an analysis of ways to commit fraud in the online environment, through the phishing method, to identify the fraudulent means used to exploit the fear generated on people by the Covid-19 pandemic, as well as ways to prevent such attacks.

Investigarea criminalistică a noilor forme de criminalitate din timpul pandemiei: între oportunitate și operativitate

Investigarea criminalistică a noilor forme de criminalitate din timpul pandemiei: între oportunitate și operativitate
(Forensic Investigation of the New Forms of Criminality During the Pandemic Crisis: Between Opportunity and Efficiency)

Author(s):Delia Magherescu
Language:Romanian
Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law
Page Range:315-322
No. of Pages:8
Keywords:new forms of criminality; serious crimes; criminal cases; forensic investigation; new methods of investigation;
Summary/Abstract:Developing rapidly new forms of criminality is usually based on several premises, which together concur within a common framework, having their own definitively features. This framework is most of the time characterized by the new tendencies of changing mechanisms in particular areas of activity. These features have prevalently met with the aspect of delimiting new forms of criminality, which have been highlighted and developed in the context of social changes as well, they being produced by the pandemic crisis caused by the SARS-CoV-2 virus. In the current article, the new forms of criminality which were committed during the period of two years from the pandemic to nowadays will be discussed, along with the serious forms of criminality which, although do not have achieved new feature, have been developed on the current crisis. This paper approaches the topic from the point of view of the forensic investigation of the new forms of criminality, the analysis being insisted on the particularities which feature such a technical, scientific and methodological approach, belonging to forensic science. All these aspects will be taken into account from the perspectives of opportunity and necessity of the forensic investigation in this area of research.

Criminalitatea legată de situația politică din România în perioada pandemiei

Criminalitatea legată de situația politică din România în perioada pandemiei
(Crime Related to the Political Situation in Romania During the Pandemic)

Author(s):Tiberiu Viorel POPESCU
Language:Romanian
Subject(s):Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Public Law, Sociology, Health and medicine and law
Page Range:323-328
No. of Pages:6
Keywords:law; criminology; social reaction; coronavirus; public policy;
Summary/Abstract:The multidimensional health crisis that broke out in late 2019 and early 2020, amid the transition from the epidemic of Sars-CoV -2 virus that initially appeared in China, to the pandemic generated by the same virus, had multiple implications in almost all areas of activity. The restriction of citizens' rights and freedoms has had profound economic implications, upsetting the social and legal order. The effects of coronavirus disease (COVID 19) caused by the virus, materialized in the overcrowding of health facilities, overwork of medical staff, the suffering of those who contracted the disease or loss of life, did not prevent some citizens from denying the danger, often generating riots against protection measures. initiated at the level of all states of the world. In Romania, as in most countries of the world, restrictive measures have been imposed to prevent the spread of the virus, measures to support the affected sectors of activity, but also measures to adapt activities to the new epidemiological context, such as teleworking, where this was possible, or online school. The procedures by which state bodies have implemented measures to limit the spread of the virus and the way in which the social reaction against the measures ordered by the State, viewed from a criminological perspective, can be briefly analyzed in terms of political crime, this being a type of crime widely debated in the literature.

Audierea inculpatului prin videoconferință și prezența apărătorului ales/din oficiu

Audierea inculpatului prin videoconferință și prezența apărătorului ales/din oficiu
(Hearing the Defendant by Videoconference and the Presence of the Elected /Ex Officio Defense Counsel)

Author(s):Mihai-Costin Toader
Language:Romanian
Subject(s):Economy, Law, Constitution, Jurisprudence, Criminal Law, ICT Information and Communications Technologies
Page Range:329-333
No. of Pages:5
Keywords:ex officio or elected defense counsel; defendant; videoconference; hearing; detention; physical presence;
Summary/Abstract:This paper aims to review a legal issue raised in judicial practice regarding the set of rules on the hearing of the detained defendant, as well as the presence of his ex-officio defense counsel, and to provide an acquittal, in principle, of this problem. As the legislator unequivocally established, during the state of emergency, currently established in the context of the spread of the COVID-19 pandemic, the judiciary has the possibility/faculty to proceed to the hearing of the defendant, by means of remote communication, even without consent the defendant. Although the procedural provisions currently require the presence of the chosen/ex officio defense counsel at the place of detention, insofar as the defendant's hearing is structurally and morphologically integrated in the natural course of the criminal proceedings, we consider that the only way to guarantee the effectiveness of the right is in defense of the defendant, is that his defense counsel participate in the trial, directly and directly, before the full court, to actively uphold the rights and legitimate interests of the defendant, throughout the course of the judicial proceedings.

Posibilitatea persoanei juridice de a încheia un acord de recunoaștere a vinovăției

Posibilitatea persoanei juridice de a încheia un acord de recunoaștere a vinovăției
(The Possibility of the Legal Person to Conclude a Plea Agreement)

Author(s):Ioana Stoenac-Cîrstea, Ciprian Stoenac
Language:Romanian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:334-339
No. of Pages:6
Keywords:plea agreement; legal person; special procedures; legal framework; state of emergency;
Summary/Abstract:The article briefly examines the issue of the possibility for the legal person to conclude a plea agreement in the event of specific offenses. The procedure to be followed in case the legal person concludes a plea agreement is the one provided in the Code of Criminal Procedure in the section „special procedures” to which are added the particular specifications of criminal liability of the legal person. The establishment of the state of emergency and, subsequently, of the state of alert had implications on the procedure to be followed in the situation the legal person proceed to conclude a plea agreement, particularly from the perspective of its duration. In all cases, the plea agreement concluded by a legal person has as object both the recognition of the commission of the criminal act and the acceptance of the legal framework of the criminal act for which the criminal action was initiated, respecting all the principles governing the criminal process.

Unele considerații privind cooperarea instituțională pentru documentarea infracţiunilor de terorism

Unele considerații privind cooperarea instituțională pentru documentarea infracţiunilor de terorism
(Some Considerations Regarding Institutional Cooperation for the Documentation of Terrorism Crimes)

Author(s):Cristian Popa, Romeo-Ioan Gârz
Language:Romanian
Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Peace and Conflict Studies
Page Range:340-345
No. of Pages:6
Keywords:cooperation; criminal investigation; criminal offence; terrorism; human rights;
Summary/Abstract:Taking into consideration the fact that the activity with the purpose of ensuring the national security carried out by the Romanian Service of Intelligence, emphasizes serious acts and facts likely to alter the national security values which correspond juridically to terrorism crimes. The Romanian Service of Intelligence, within the framework of its legal attributions and competencies, cooperates with the Public Ministry and with the other enabled institutions of criminal investigation. The cooperation between the Romanian Service of Intelligence and the other enabled institutions of criminal investigation documenting the terrorism crimes, aims at supporting the efforts bashed for fighting and preventing terrorism, a rather clandestine phenomenon whose prerequisites in investigation call for special techniques, that reside mainly within the authority, as the law stipulates, of the state institutions for ensuring the national security.

Starea excepțională și alerta ordinii de drept. Implicații juridice ale crizei sanitare generată de pandemia Covid-19 The state of emergency and the alert of the rule of law. Legal implications of the sanitary crisis generated by the Covid-19 pandemic

Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19

Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19 (Development of Means of Communication of Civil Procedural Acts in the Context of the Covid-19 Pandemic)

Implicațiile măsurilor adoptate de autorități în perioada stării de urgență, respectiv a stării de alertă, asupra planului de reorganizare din procedura insolvenței

Implicațiile pandemiei în activitatea notarială

Implicațiile pandemiei în activitatea notarială (Implications of the Pandemic in Notarial Activity)

Impactul situației pandemice asupra relațiilor comerciale

Impactul situației pandemice asupra relațiilor comerciale (The Impact of the Pandemic Situation on Trade Relations)

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus (International Arbitration - Virtual Hearings One Year after the Challenges of the Coronavirus Pandemic)

Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19

Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19 (Labour Law Instruments Used to Limit the Effects of the Covid 19 Crisis)

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România (Implications of the Pandemic Generated by the SARS-CoV-2 Virus Regarding the Romanian Labor Legislation)

Telemunca în contextul pandemiei Covid 19

Telemunca în contextul pandemiei Covid 19 (Teleworking During Covid 19 Pandemic)

Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului

Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului (Current Aspects of Exercising the Parental Authority Over the Child’s Assets)

Unele observații privind caracterul anchetei sociale în procesele cu minori

Unele observații privind caracterul anchetei sociale în procesele cu minori (Some Remarks on the Nature of Social Inquiry in Juvenile Trials)

RGPD/GDPR: prelucrarea datelor cu caracter personal la încheierea/executarea unui contract. Unele particularități privind prelucrarea datelor cu caracter personal în condițiile crizei Covid-19

Excepția de neexecutare a contractului – instrument juridic vechi, recomandat în pandemia Covid 19

Excepția de neexecutare a contractului – instrument juridic vechi, recomandat în pandemia Covid 19 (The Exception of Non-Performance of the Contract (exceptio non adimpleti contractus) – an Old Legal Instrument Advisable in the Covid-19 Pandemic)

Despre societate și drept în criza socială contemporană

Despre societate și drept în criza socială contemporană (On Society and Law in the Contemporary Social Crisis)

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2 (Considerations on Reconfiguring the Perception of Natural Law Concepts in the Light of the Social Dynamics Generated by the Sars-Cov-2 Crisis)

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept? (Covid-19 Pandemic - Confirmation of the Solidity or Vulnerability of the Rule of Law?)

Umanismul sub Corona

Umanismul sub Corona (Humanism under Corona)

Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică

Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică (Fundamental Principles of the Orthodox Canon Law. An Analitical Approach)

Bazele constituționale ale ordinii publice

Bazele constituționale ale ordinii publice (Constitutional Bases of Public Order)

Statul de drept și situațiile excepționale

Statul de drept și situațiile excepționale (Rule of Law and Exceptional Situations)

Ordinea de drept constituțională în timpul stării excepționale și a stării de alertă

Ordinea de drept constituțională în timpul stării excepționale și a stării de alertă (Constitutional Legal Order During the Exceptional State and the Alert Order)

Instrumente constituționale pentru gestionarea situațiilor de criză

Instrumente constituționale pentru gestionarea situațiilor de criză (Constitutional Instruments for Crisis Management)

Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății

Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății (Systemic Deficiencies Identified in the Covid-19 Context on the Right to Healthcare)

Reflecții asupra legalității unor acte administrative cu caracter normativ emise de ministrul sănătății în perioada stării de alertă determinată de pandemia COVID-19

Rechiziția de bunuri – o măsură excepțională revenită în actualitate în contextul pandemic

Rechiziția de bunuri – o măsură excepțională revenită în actualitate în contextul pandemic (Requisition of Goods - an Exceptional Measure Now Relevant in the Context of the Pandemic)

Sancţionarea organizării evenimentelor sportive în perioada stării de alertă

Sancţionarea organizării evenimentelor sportive în perioada stării de alertă (Sanctioning the Organization of Sports Events During the Alert State)

Consideraţii privind procedura contenciosului funcției publice

Consideraţii privind procedura contenciosului funcției publice (Considerations Regardind the Civil Service Litigation Procedure)

Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale

Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale (Codification of Cultural Heritage Legislation and Its Legal and Social Implications)

Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene

Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene (The Impact of the Pandemic COVID-19 on the Judiciary System in the European Union)

Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19

Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19 (Protection of Personal Data, Rights and Obligations of Employees in the Context of the Health Crisis Caused by the Covid-19 Pandemic)

Certificatul digital al UE privind COVID: garanții și riscuri în domeniul protecției datelor cu caracter personal

Certificatul digital al UE privind COVID: garanții și riscuri în domeniul protecției datelor cu caracter personal (EU Digital COVID Certificate: Guarantees and Risks Regarding Data Protection)

Efectele pandemiei asupra digitalizării justiției

Efectele pandemiei asupra digitalizării justiției (The Effects of Pandemic on the Digitalisation of Justice)

Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate

Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate (The Principle of Free Movement and Restrictions Based on Reasons of Public Policy, Public Security and Health)

Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal

Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal (Implications of the COVID-19 Pandemic in the Field of Personal Data Processing)

Conturarea unei noi ordini mondiale în contextul de pandemie

Conturarea unei noi ordini mondiale în contextul de pandemie (Outlining a New World Order in the Context of the Pandemic)

Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu

Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu (Compliance with the Standards of Legal Treatment of International Investments During the Global Economic Crises, Between Yes and No)

Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19

Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19 (Principles of Criminal Law for the Defense of the Social Order in the Context of the Pandemic - Covid 19)

Efectele pandemiei Covid-19 asupra Codului penal

Efectele pandemiei Covid-19 asupra Codului penal (The Pandemic Covid-19 Effects on the Penal Code)

Drepturile omului în criza internațională Covid19. Experiențe și eșecuri

Drepturile omului în criza internațională Covid19. Experiențe și eșecuri (Human Rights in the International Covid 19 Crisis. Experiences and Failures)

Între pandemie și drept: unele schimbări ale vieții în penitenciar

Între pandemie și drept: unele schimbări ale vieții în penitenciar (Between Pandemic and Law: Some Changes Regarding Life in the Penitenciary)

Implicații juridice ale crizei sanitare generată de pandemia Covid-19 la nivelul sistemului penitenciar

Implicații juridice ale crizei sanitare generată de pandemia Covid-19 la nivelul sistemului penitenciar (Legal Implications of the Health Crisis Generated by the Covid-19 Pandemic in the Romanian Penitentiary System)

Pandemia în mediul carceral

Pandemia în mediul carceral (The Pandemic in the Prison Environment)

Starea excepțională și alerta ordinii de drept. Implicații juridice ale crizei sanitare generată de pandemia Covid-19
The state of emergency and the alert of the rule of law. Legal implications of the sanitary crisis generated by the Covid-19 pandemic

Dezvoltarea mijloacelor de comunicare a actelor de procedură civilă în contextul pandemiei de Covid-19
(Development of Means of Communication of Civil Procedural Acts in the Context of the Covid-19 Pandemic)

Implicațiile pandemiei în activitatea notarială
(Implications of the Pandemic in Notarial Activity)

Impactul situației pandemice asupra relațiilor comerciale
(The Impact of the Pandemic Situation on Trade Relations)

Arbitrajul internațional – audierile virtuale la un an după provocările pandemiei de coronavirus
(International Arbitration - Virtual Hearings One Year after the Challenges of the Coronavirus Pandemic)

Instrumente de dreptul muncii utilizate în limitarea efectelor crizei Covid 19
(Labour Law Instruments Used to Limit the Effects of the Covid 19 Crisis)

Implicațiile pandemiei generate de virusul Sars-Cov-2 în ceea ce privește legislaţia muncii din România
(Implications of the Pandemic Generated by the SARS-CoV-2 Virus Regarding the Romanian Labor Legislation)

Telemunca în contextul pandemiei Covid 19
(Teleworking During Covid 19 Pandemic)

Aspecte actuale ale exercițiului autorității părintești privind bunurile copilului
(Current Aspects of Exercising the Parental Authority Over the Child’s Assets)

Unele observații privind caracterul anchetei sociale în procesele cu minori
(Some Remarks on the Nature of Social Inquiry in Juvenile Trials)

Excepția de neexecutare a contractului – instrument juridic vechi, recomandat în pandemia Covid 19
(The Exception of Non-Performance of the Contract (exceptio non adimpleti contractus) – an Old Legal Instrument Advisable in the Covid-19 Pandemic)

Despre societate și drept în criza socială contemporană
(On Society and Law in the Contemporary Social Crisis)

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2
(Considerations on Reconfiguring the Perception of Natural Law Concepts in the Light of the Social Dynamics Generated by the Sars-Cov-2 Crisis)

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?
(Covid-19 Pandemic - Confirmation of the Solidity or Vulnerability of the Rule of Law?)

Umanismul sub Corona
(Humanism under Corona)

Principiile fundamentale ale dreptului canonic ortodox. O abordare analitică
(Fundamental Principles of the Orthodox Canon Law. An Analitical Approach)

Bazele constituționale ale ordinii publice
(Constitutional Bases of Public Order)

Statul de drept și situațiile excepționale
(Rule of Law and Exceptional Situations)

Ordinea de drept constituțională în timpul stării excepționale și a stării de alertă
(Constitutional Legal Order During the Exceptional State and the Alert Order)

Instrumente constituționale pentru gestionarea situațiilor de criză
(Constitutional Instruments for Crisis Management)

Deficiențe sistemice identificate în contextul Covid-19 privind dreptul la ocrotirea sănătății
(Systemic Deficiencies Identified in the Covid-19 Context on the Right to Healthcare)

Rechiziția de bunuri – o măsură excepțională revenită în actualitate în contextul pandemic
(Requisition of Goods - an Exceptional Measure Now Relevant in the Context of the Pandemic)

Sancţionarea organizării evenimentelor sportive în perioada stării de alertă
(Sanctioning the Organization of Sports Events During the Alert State)

Consideraţii privind procedura contenciosului funcției publice
(Considerations Regardind the Civil Service Litigation Procedure)

Codificarea legislației patrimoniului cultural și implicațiile ei juridice și sociale
(Codification of Cultural Heritage Legislation and Its Legal and Social Implications)

Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene
(The Impact of the Pandemic COVID-19 on the Judiciary System in the European Union)

Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19
(Protection of Personal Data, Rights and Obligations of Employees in the Context of the Health Crisis Caused by the Covid-19 Pandemic)

Certificatul digital al UE privind COVID: garanții și riscuri în domeniul protecției datelor cu caracter personal
(EU Digital COVID Certificate: Guarantees and Risks Regarding Data Protection)

Efectele pandemiei asupra digitalizării justiției
(The Effects of Pandemic on the Digitalisation of Justice)

Principiul liberei circulaţii şi restricţii bazate pe motive de ordine publică, securitate publică şi sănătate
(The Principle of Free Movement and Restrictions Based on Reasons of Public Policy, Public Security and Health)

Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal
(Implications of the COVID-19 Pandemic in the Field of Personal Data Processing)

Conturarea unei noi ordini mondiale în contextul de pandemie
(Outlining a New World Order in the Context of the Pandemic)

Respectarea standardelor de tratament legal al investițiilor internaționale în timpul crizelor economice mondiale, între da și nu
(Compliance with the Standards of Legal Treatment of International Investments During the Global Economic Crises, Between Yes and No)

Principii de drept penal pentru apărarea ordinii sociale în contextul pandemiei – Covid 19
(Principles of Criminal Law for the Defense of the Social Order in the Context of the Pandemic - Covid 19)

Efectele pandemiei Covid-19 asupra Codului penal
(The Pandemic Covid-19 Effects on the Penal Code)

Drepturile omului în criza internațională Covid19. Experiențe și eșecuri
(Human Rights in the International Covid 19 Crisis. Experiences and Failures)

Între pandemie și drept: unele schimbări ale vieții în penitenciar
(Between Pandemic and Law: Some Changes Regarding Life in the Penitenciary)

Implicații juridice ale crizei sanitare generată de pandemia Covid-19 la nivelul sistemului penitenciar
(Legal Implications of the Health Crisis Generated by the Covid-19 Pandemic in the Romanian Penitentiary System)

Pandemia în mediul carceral
(The Pandemic in the Prison Environment)

Phishingul în contextul pandemiei Covid-19
(Phishing in the Context of the Covid-19 Pandemic)

Investigarea criminalistică a noilor forme de criminalitate din timpul pandemiei: între oportunitate și operativitate
(Forensic Investigation of the New Forms of Criminality During the Pandemic Crisis: Between Opportunity and Efficiency)

Criminalitatea legată de situația politică din România în perioada pandemiei
(Crime Related to the Political Situation in Romania During the Pandemic)

Audierea inculpatului prin videoconferință și prezența apărătorului ales/din oficiu
(Hearing the Defendant by Videoconference and the Presence of the Elected /Ex Officio Defense Counsel)

Posibilitatea persoanei juridice de a încheia un acord de recunoaștere a vinovăției
(The Possibility of the Legal Person to Conclude a Plea Agreement)

Unele considerații privind cooperarea instituțională pentru documentarea infracţiunilor de terorism
(Some Considerations Regarding Institutional Cooperation for the Documentation of Terrorism Crimes)