Dreptul si societatea in tranzitie
Law and society in transition
Author(s): ”Acad.Andrei Radulescu” Institutul de Cercetări Juridice
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation, Commercial Law, Comparative Law, Labour and Social Security Law
Published by: Universul Juridic
Keywords: Civil law; Romania; comparative law; criminal law;
- E-ISBN-13: 978-606-39-1314-3
- Page Count: 363
- Publication Year: 2023
- Language: Romanian
Examen al practicii judiciare în materia atragerii răspunderii organelor de conducere ale debitoarei aflate în încetare de plăţi. Atragerea răspunderii administratorului în condiţiile art. 169 alin. (1) lit. d) din Legea nr. 85/2014
Examen al practicii judiciare în materia atragerii răspunderii organelor de conducere ale debitoarei aflate în încetare de plăţi. Atragerea răspunderii administratorului în condiţiile art. 169 alin. (1) lit. d) din Legea nr. 85/2014
(Analysis of The Judicial Practice Regarding The Liability of The Insolvent Debtor’s Management Bodies Attracting The Responsibility of The Administrator Under The Conditions of Art. 169 para. (1) lit. d) from Law no. 85/2014)
- Author(s):Dumitru Dobrev
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case
- Page Range:13-18
- No. of Pages:6
- Keywords:Action for The Liability of The Administrator; Art. 169 of Law no. 85/2014; Debtor; Trustee in Bankruptcy; Fictitious Accounting;
- Summary/Abstract:The cases under analysis are presented from two argumentation perspectives, a major one and a minor one, both leading (with regard to the same factual situation) to contrary solutions: admitting or dismissing the action for the liability of the administrator and/or other managers for the debtor’s stopping payments. Also presented are the efforts of the High Court of Cassation and Justice to unify jurisprudence in the field of this very common action in insolvency proceedings.
Regimul legal al dobânzilor în dreptul profesioniștilor-comercianți
Regimul legal al dobânzilor în dreptul profesioniștilor-comercianți
(The Legal Regime of Interests in The Law of Professionals-Traders)
- Author(s):Dumitru Văduva
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, Commercial Law
- Page Range:19-24
- No. of Pages:6
- Keywords:Civil Liability; Contractual Civil Liability; Professionals; Interest; Liquidated Damages;
- Summary/Abstract:Civil liability is a source of obligations. This has a common regime in principle, with differences only in detail between tortious and contractual liability. The obligation to pay a sum of money generally originates in the contract but may also be owed under a court decision, for example, as damages for a damage caused by a tort. The delay in the execution of the obligation to pay the amount of money gives rise to a new obligation, that of default damages, representing the damage caused by the delay in payment. The delay in the payment of monetary obligations has a higher cost for the debtor of the professional creditor in relation to that owed to the non-professional creditor. The difference in the cost of the delay owed by the debtor in the two scenarios is dictated by the rate of percentage points that are added to the legal interest rate, which is the monetary policy interest rate of the National Bank of Romania.
Societatea comercială în lumina noilor modificări ale reglementărilor societare
Societatea comercială în lumina noilor modificări ale reglementărilor societare
(The Commercial Company in The Light of the New Changes in The Company Regulations)
- Author(s):Dragos Daghie
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:25-36
- No. of Pages:12
- Keywords:Commercial Company; Changes; Legislation;
- Summary/Abstract:Starting from year 2011 and until now, the companies regarding the commercial activity, the main actors of the trade, have undergone numerous transformations from a legislative point of view, changes that occurred as a result of the need to refresh the private regulations but also of the current desires of the society. Thus, starting with the New Civil Code, the New Code of Civil Procedure and ending with Law no. 265/2022 regarding the trade register and for the modification and completion of other normative acts affecting the registration in the trade register, Companies Law no. 31/1990 received no less than thirteen changes to its structure, its architecture being substantially modified in some places and the philosophy that was in mind at the time of its adoption being totally changed.
Statutul îngrijitorului la domiciliu
Statutul îngrijitorului la domiciliu
(Home Caregiver Status)
- Author(s):Raluca Dimitriu
- Language:Romanian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation, Labour and Social Security Law
- Page Range:39-45
- No. of Pages:7
- Keywords:Labour Legislation; Long-term Care; Workers Protection; Working Time;
- Summary/Abstract:Long-term care for people in need (elderly, children, people with disabilities) is carried out in Romania under a fragmented, unclear and contradictory legislation. In addition, control bodies (and primarily the labor inspectorate) have so far shown little concern for identifying cases of undeclared work and, in general, for the protection of long-term home care workers. The paper presents the legal grounds in which this type of activity can be performed and presents aspects of the dysfunctionality of the current regulations, which are generally centered only on the needs of the beneficiaries, not including worker protection rules.
Considerații privind noile reglementări ale instituției reprezentanților salariaților din legea dialogului social
Considerații privind noile reglementări ale instituției reprezentanților salariaților din legea dialogului social
(Considerations Regarding The New Regulations of The Institution of The Employee Representatives From The Social Dialogue Law)
- Author(s):Dan Ţop
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:46-51
- No. of Pages:6
- Keywords:Employee Representatives; Social Dialogue; Representativeness;
- Summary/Abstract:At the end of 2022, the situation of employee representatives has changed, being much detailed at the regulatory level, through the new social dialogue law. At the employer where there are at least 10 employees/workers and where there is no union, the interests of the employees/workers can be promoted and defended by their representatives. It is established, in the absence of the agreement of the parties, the number of representatives considered optimal, and their attributions have been specified. The representatives of employees/workers cannot carry out activities that are recognized by law exclusively for trade unions. It is assumed that in the new legislative framework, the activity of employee representatives will increase through effective participation in the procedures for information, consultation, and resolution of collective labor disputes.
Avatarurile termenelor substanțiale și procedurale în dreptul muncii
Avatarurile termenelor substanțiale și procedurale în dreptul muncii
(The avatars of Substantial and Procedural Terms in Labour Law)
- Author(s):Corina Mihaela Marcu-Şiman
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:52-60
- No. of Pages:9
- Keywords:Labour Relationship; Individual Labour Contract Term; Extinguishing prescription; Prescription of Disciplinary Liability;
- Summary/Abstract:Labour relationship has its entire existence decisively marked by both substantial and procedural terms. A thorough regulation of terms is the premise of a harmonious development of labor relations. Unfortunately, the present legal frame is far from being accurate and comprehensive enough, therefore divergent doctrine and jurisprudence have fertile soil to develop. The present study aims to underline certain major deficiencies in respect of terms and their consequences, hoping for legilastive initiative in order to fix the reproted problems.
Considerații cu privire la contractele electronice și consensualismul digital
Considerații cu privire la contractele electronice și consensualismul digital
(Considerations Regarding Electronic Contracts and Digital Consensualism)
- Author(s):Elena Sârghi
- Language:Romanian
- Subject(s):Civil Law, ICT Information and Communications Technologies
- Page Range:61-70
- No. of Pages:10
- Keywords:Electronic Contracts; Digital Consensualism; Digitization of Contracts; Electronic Signature;
- Summary/Abstract:This article focuses on the analysis of the concepts of electronic contract and consensualism offered by digital methods, presenting the existing normative framework at national, European and international level, which establishes this method of contracting, in order to provide an overview of the implementation these contracts from the legislator's perspective. Afterwards, are presented the main distinctions between classic and electronic contracts, with reference to doctrinal aspects, and will be examined the manner in which electronic contracts are formed, with its particularities. Next, we will make a transition from the abstract plan, of the legislator and the doctrine, to the concrete one, of the judicial practice of the Court of Justice of the European Union, in order to observe the way in which European law is interpreted in the matter of electronic contracts, following that, at the end of the paper, attention should be directed to the manner in which these atypical legal acts are mirrored in the plan of comparative law, taking as a benchmark states from the European, American, Asian and African continents, to illustrate the configuration adopted by this paradigm by expanding it all over the globe and highlighting the level at which Romania is in terms of the digitalization of contracts.
Inteligența artificială la încheierea contractelor. Și cum rămâne cu protecția datelor personale?
Inteligența artificială la încheierea contractelor. Și cum rămâne cu protecția datelor personale?
(Artificial Intelligence When Concluding Contracts. And What About Personal Data Protection?)
- Author(s):Mirela-Carmen Dobrilă
- Language:Romanian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Civil Law, ICT Information and Communications Technologies
- Page Range:71-89
- No. of Pages:19
- Keywords:Contract; Negotiation of a Contract; Concluding the Contract; Artificial Intelligence; Consent; Good Faith; GDPR; Personal Data;
- Summary/Abstract:Artificial intelligence means rapidly evolving technologies that are created to optimize operations, but the use of artificial intelligence must be considered in close relation to human and ethical implications. An observation of the risks associated with the use of artificial intelligence is required in certain situations, especially as artificial intelligence systems are designed to be increasingly autonomous, where the system is designed to learn and act on previously observed effects. Thus, technologies inevitably evolve and we witness the use of artificial intelligence in the conclusion of contracts. The article analyzes aspects regarding the use of artificial technology in the negotiation of a contract and at the stage of concluding the contract; then they are analyzed in close connection with the principle of contractual freedom and the principle of good faith when negotiating and concluding the contract. Within the article, the use of artificial intelligence at the conclusion of the contract is analyzed in relation to the existence of a valid consent of the contracting parties; it is necessary to ask ourselves what are the risks and limits related to artificial intelligence and the condition of the existence of serious, free and informed consent. Some aspects related to the use of artificial intelligence at the conclusion of the contract and the risks (or advantages) that exist regarding the observance of the right to the protection of personal data are also analyzed, the observance of the General Data Protection Regulation (RGPD) being mandatory. Given that, at this moment, we are witnessing the use of artificial intelligence in numerous fields, and which can (or not?) replace the realization of a scientific work by a human or even replace the human judge (or not?) in the courtroom judgement, the question we propose to answer (or not) is whether artificial intelligence in the conclusion of the contract can be equivalent to the conclusion of the contract based on human thinking and whether there are risks associated with the conclusion of the contract based on artificial intelligence, respectively if personal data is reviewed.
Caracterizarea noțiunii de fază post-contractuală
Caracterizarea noțiunii de fază post-contractuală
(Definition of Post-Contractual Period)
- Author(s):Radu Stancu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
- Page Range:90-97
- No. of Pages:8
- Keywords:Civil Law; Comparative Law; Contract; Contract Negotiations; Contract Enforcement; Post-contractual;
- Summary/Abstract:The material aims to (re)introduce into the debate the contract, specifically the last stage of the three that define what might be called the contractual process. The contract seen in its chronological dynamics is divided, at the beginning by jurisprudence and doctrine, and now also by the legislator through the civil reforms, into two phases, namely the pre-contractual phase and the actual execution phase of the contract. However, since the 1980s, specialists, especially French specialists, have distinguished a third phase, namely the post-contractual phase. Given the nature of the scientific event, this study is limited to presenting the intellectual construction of this view of the outcome of manifestations of will made with the intention of producing legal effects.
Incidența Legii numărul 140 din 2022 asupra materiei moștenirilor
Incidența Legii numărul 140 din 2022 asupra materiei moștenirilor
(The Incidence of Law No. 140 of 2022 on The Matter of Inheritances)
- Author(s):Ilioara Genoiu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
- Page Range:98-107
- No. of Pages:10
- Keywords:Special Guardianship; Judicial Advice; Assistance for The Conclusion of Legal Acts; Special Curator; Guardianship Court;
- Summary/Abstract:The entry into force, in August 2022, of Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts generated notable consequences in the matter of the protection of the natural person and the capacity of the individual subject of law to conclude civil legal acts. Mainly, this normative act was intended to harmonize the national legislation regarding the protection of the natural person with the provisions of the Convention on the Rights of Persons with Disabilities (CRPD), adopted by the General Assembly of the United Nations Organization in 2006 and ratified by our country. As a result of this approach, the measure of placing under judicial prohibition, which targeted natural persons lacking discernment due to alienation or mental debility, is replaced by special guardianship. Apart from this latter measure of protection of the natural person, two other measures are regulated, for the first time in our legislation, namely judicial advice and assistance for the conclusion of legal acts. These legislative changes have an immediate, direct impact on the protection of the natural person and indirect, but undoubtedly essential, on the capacity of the natural person to perform any civil legal acts, including acts of interest for the matter of inheritances.
Despre transmiterea proprietății private asupra imobilelor în perioada de tranziție a sistemelor de publicitate imobiliară
Despre transmiterea proprietății private asupra imobilelor în perioada de tranziție a sistemelor de publicitate imobiliară
(Entry in The Land Register, The Perspective of The Transmission of The Property Right)
- Author(s):Oana Ispas
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:108-117
- No. of Pages:10
- Keywords:Real Estate; Transfer; Opposability; Land Registry/Real Estate Register;
- Summary/Abstract:The legal regime of the right of private property over real estate has experienced variations throughout the period of application of Romanian civil law, from ancient times to the present. In this paper, the research interest is the visualization of the legal perspectives of real estate advertising methods. With the help of the legal systems of bringing to the knowledge of all participants in the civil circuit of the holders of the rights of real property ownership, the subjective civil rights are protected by the erga omnes obligation to respect, and not to violate, the right of real property ownership with respect to which they have fulfilled real estate advertising formalities. From the present study it will be observed, on the one hand, that on the territory of Romania the real estate advertising systems were influenced by legal systems applicable at different times in the different historical regions, and on the other hand by the legal content of the effects, systems. of advertising have produced different legal effects: either of advertising, or of transmitting or constituting the right. The conclusion of the works brings into focus the need for a systematic, harmonized interpretation of the current regime of real estate advertising. The answer to the question "What is, by law, the legal nature of the effects of the entries in the Real Estate Register?", is constituted by the concordant application of the main normative acts incident to the matter: the Civil Code of 2011, Law no. 71/2011 implementing the Civil Code, Law no. 7/1996 The cadastre and Land Registration law together with the most recent special regulation Reception and storage regulation1 in the cadastre records and functional book approved by the Order of the ANCPI director no. 600/2023. Therefore, at this very moment, the following tabular rights are carried out in the Real Estate Register is strictly for the publicity of the formal constitutive legal operations of transmission of the right of ownership by means of a legal act concluded in the authentic form.
Dreptul la despăgubiri în cadrul divorțului contencios
Dreptul la despăgubiri în cadrul divorțului contencios
(The Right to Compensation in Contentious Divorce)
- Author(s):Cristiana Mihaela Crăciunescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:118-124
- No. of Pages:7
- Keywords:Divorce; Exclusive Fault; Compensation; Compensatory Damages; Damages;
- Summary/Abstract:According to the current Civil Code, the fault of the spouses in divorce acquires an unprecedented importance, especially on the material level. The pecuniary effects of the contentious divorce try to compensate, as far as possible, the sufferings of the innocent spouse, who, in addition to losing access to the family, also suffers a series of material damages, or at least inconveniences, who have a negative impact upon their future. These are mainly: compensation, compensatory damages, and obligation of maintenance between the former spouses. As we take into consideration the fact that these are relatively new legal institutions, both the right to compensation for the damages caused by the dissolution of the marriage and the compensatory damages have a non-unitary jurisprudence that is always looking for meanings and interpretations to support the applicants.
Câteva considerații privind dreptul copiilor minori la întreținere din partea părinților
Câteva considerații privind dreptul copiilor minori la întreținere din partea părinților
(Some Considerations Regarding The Right of Minor Children to Maintenance From Their Parents)
- Author(s):Mihaela-Gabriela Berindei
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:125-135
- No. of Pages:11
- Keywords:enfants mineurs; parents; obligation alimentaire; état de besoin; jurisprudence nationale;
- Summary/Abstract:Le droit des enfants mineurs à une pension alimentaire assurée par leurs parents est réglementé depuis longtemps. La famille était construite sur la base de la solidarité et des liens du sang entre ses membres. Dans le droit roumain actuel, la législation relative à l'exécution de l'obligation alimentaire en nature ou en argent a connu et continue de connaître de multiples modifications, compte tenu du caractère permanent et actuel de la garantie des moyens nécessaires à la survie de la personne qui se trouve en état de besoin. Particulièrement, dans cet article, nous avons fait référence aux enfants mineurs qui ont besoin du soutien de leurs parents. Ce qui se passe lorsque les parents sont séparés ou ne vivent plus avec leurs enfants, sont des situations que nous argumenterons dans le contenu de l'article, sur la base des solutions prononcées par le tribunal, qui produisent des effets dans la jurisprudence nationale.
Considerații pe marginea răspunderii pentru fapta persoanei care beneficiază de consiliere judiciară sau tutelă specială
Considerații pe marginea răspunderii pentru fapta persoanei care beneficiază de consiliere judiciară sau tutelă specială
(Considerations Regarding The Liability For The Act of The Person Benefiting From Legal Advice or Special Guardianship)
- Author(s):Nora Andreea Daghie
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:136-143
- No. of Pages:8
- Keywords:Protective Measures; Judicial Advice; Special Guardianship; Guardian; Liability;
- Summary/Abstract:Article 1372 of the Civil Code, as amended by the provisions of art. 7 point 67 of Law no. 140/2022, enshrines with principle value the establishment of an objective liability, independent of any form of guilt of the perpetrator, of the guardian who supervises the persons protected by judicial counseling or special guardianship. Through their behavior, often spontaneous, surprising, these categories of people represent a particular social danger of harm, needing guidance, control and constant observation, due to their poor state of mental health. The responsibility of the person who had the obligation to supervise a person placed under protection presupposes the fulfillment, first of all, of the conditions necessary for the engagement of tortious civil liability for his own deed and is analyzed in the person of the person who benefits from legal advice and special guardianship, since he is the author himself - said of the deed for which the guardian is called to answer. However, there is a particularity, in the sense that, according to art. 1372 para. (2) C.civ., "responsibility exists even when the perpetrator, being without discernment, is not responsible for his own deed". Therefore, the application of art. 1372 para. (1) Civil Code it is not conditioned by the guilt of the person placed under protection.
Despre unitate, diversitate și schimbare în evoluția istorică a dreptului
Despre unitate, diversitate și schimbare în evoluția istorică a dreptului
(On unity, diversity and change in the historical evolution of law)
- Author(s):Ion Craiovan
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:147-154
- No. of Pages:8
- Keywords:Law; History; Culture; Unity; Permanence; Change;
- Summary/Abstract:Homo juridicus, in its historical development, builds the core of law, as a unitary imperative normative project of the human being on Earth - which must be respected by all in the name of the values that allow us to live together - such as peace, saving the planet or the right to life and dignity for all human beings. Of course, this generic construction can be configured differently, from the immeasurable diversity of social life. This is the result of social action in different local, regional, global contexts in historical time, not without contradictory developments, failures, avatars, always imperfect but perfectible. The triad of permanence, diversity, change, regarding law, cannot remain confined in the abstract. Its cardinal test is given by the way in which law participates in solving global problems but also concrete ones, how, in different contexts, it solves people's problems - hic et nunc!
Dreptul ca valoare și valoarea dreptului
Dreptul ca valoare și valoarea dreptului
(The Law as Value and The Value of The Law)
- Author(s):Emilian Ciongaru
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:155-159
- No. of Pages:5
- Keywords:Positive Law; The Science of Law; Right as Value; The Value of The Right; Legal Philosophy;
- Summary/Abstract:From the perspective of global evolution, law must be and is analyzed as a coherent and articulated system that has specific rules from several points of view, such as: from the point of view of historical considerations; studied as a phenomenon that preserves certain traditions and characteristics acquired over time, but which have maintained a permanent and continuous dynamic; studied from the point of view of the structure of the legal system; studied as a phenomenon that is formed by well-defined elements that are found in a state of deep and well-defined interference. In the analysis as a value, the true right is nothing but that right which aims to contribute decisively to the initiation and realization of a democratic society formed by people with free will, manifested as the will to stay, therefore which contributes to the creation of principles and values fundamentals of fulfilling the social ideal as the defining foundation of the state. Also, the law exclusively establishes very well-defined social norms, and as a value of positive law, it aims to formulate imperative values, but both social norms and imperative values aim to achieve an absolute value of the legal system.
Reflectarea școlilor dreptului în gândirea juridică românească: Școala dreptului natural și școala istorică a dreptului
Reflectarea școlilor dreptului în gândirea juridică românească: Școala dreptului natural și școala istorică a dreptului
(Reflecting the Schools and Currents of Law in Romanian Legal Thought: The School of Natural Law and the Historical School of Law)
- Author(s):Viorel Miulescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:160-164
- No. of Pages:5
- Keywords:Law; Natural Law; Historical School; Knowledge; Research;
- Summary/Abstract:The concepts employed in the description of the juridical reality have not always been the same, throughout the history of jurisprudence: different juridical concepts have been employed during different periods or the same concepts have been employed but their interpretations have differed from one period to another. The research devoted to the way in which the law schools were reflected in the Romanian juridical thinking – our focus being the first half of the XXth century up to the end of World War II – has represented an overdue restitution after 1990.
Importanța practică a interpretării corecte a legilor
Importanța practică a interpretării corecte a legilor
(The practical importance of correct interpretation of laws)
- Author(s):Maria-Luiza Hrestic, Vasile Ivan Ivanoff
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:165-169
- No. of Pages:5
- Keywords:Jurisprudence; Interpretation of Laws; Dangerous Precedent; Misinterpretation of Legal Rules; Hybrid Meetings of Local Authorities;
- Summary/Abstract:The importance of the correct interpretation of the laws involves correctly applying their letter and spirit, in the context of the practical relevance of the legal norm. The dissociation of interpretation methods and their unilateral application can lead to particularly serious practical consequences in the operation of public authorities empowered to carry out activities for the benefit of the citizen. Even if the competence of the correct application of the legal norms is the prerogative of the courts, they cannot deviate from the elementary rules of interpretation of normative acts, they cannot pronounce solutions that are impossible to apply in practice and that defy any elementary logic. Thus, through a Civil Judgment no. 694/14.04.2021 pronounced by the Vâlcea County Court, the Fiscal Litigation Section, there was a wrong application of articles 134, 137 and 141 of the Administrative Code, opening in the doctrine and in the daily practice of those who apply the Administrative Code, a real "Pandora's box". Thus, the idea of the possibility of conducting and deliberating local/county council meetings in the "hybrid" version, both with the physical and online presence of local/county councilors, is accredited. The analysis made by us combats this dangerous precedent, bringing into discussion both solid arguments for the interpretation of legal norms, but also judicial practice for correcting such unfortunate solutions made by some administrative litigation courts.
Respectarea legilor și a drepturilor celorlalți
Respectarea legilor și a drepturilor celorlalți
(Respecting The Laws and The Rights of Others)
- Author(s):Ion Flămînzeanu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:170-174
- No. of Pages:5
- Keywords:Rights; Laws; Tradition; Norms; Unification;
- Summary/Abstract:There are also unwritten laws, that tradition or custom, the custom of the land as it is also called. Romanian law was formed and evolved under the influence of Roman law, both in the early period, the era of its creation, then feudalism and the era of Cuza, with implications and influences of Roman law. Also, the constitutional norms guarantee equality before the law and public authorities, without privileges and without discrimination, regardless of race, nationality, ethnic origin, language, religion, sex, opinion, political affiliation, wealth, etc.
Constante ale Dreptului, constante sociale - constante contrastante?
Constante ale Dreptului, constante sociale - constante contrastante?
(Constants of Law, Social Constants - Contrasting Constants?)
- Author(s):Cristian Neacsiu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:175-181
- No. of Pages:7
- Keywords:Constant; Continuity; Constancy; Actualize;
- Summary/Abstract:Since by defining what is implicitly constant the aspect of a continuity in temporality is verified, the further question is justifiably asked whether the idea of constant implies and signifies only the aspect of continuity in temporality? As any interruption of continuity represents an opening to another continuity which thus actualizes itself, it follows that in order to be characterized by constancy, a continuity must not know interruption. Therefore, continuity as constant is that which is not fractured by the act of interruption. Regarding the latter relationship, it is necessary to mention the aspect that its object is represented by continuity, and the feature that applies to it is represented by constant character. But, viewed from the opposite direction, could a relationship be conceptualized in which what is constant as uniformity has its object value, respectively continuity represents the feature that applies to the object?
Justiția constituțională în tranziție
Justiția constituțională în tranziție
(Constitutional Justice In Transition)
- Author(s):Marieta Safta
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:185-196
- No. of Pages:11
- Keywords:Constitutional Justice; Constitutional Court; Constitutional Procedures; Constitutionalism;
- Summary/Abstract:The evolution of constitutional justice also reflects Romania's transition to a democratic political regime. The years since the establishment of the European model of constitutional justice in Romania have been marked by settlement and resettlement, transformations, and challenges. Highlighting some critical benchmarks on both the substantive and the procedural components of the Constitutional Court's activity, the study expresses the idea that at this moment, substantial experiences have been gathered for the realization of a regulation that would value them for the benefit of constitutionality control and its role in a democratic society. The conclusion expressed is that the legislator's intervention for necessary adjustments is more than desirable, being necessary a careful analysis and legislative solutions aimed at making the Constitutional Court more efficient, thus facilitating access to constitutional justice as a whole.
Suveranitatea națională și puterea de stat în contextul integrării euroatlantice a României
Suveranitatea națională și puterea de stat în contextul integrării euroatlantice a României
(National Sovereignty and State Power in The Context of Romania's Euroatlantic Integration)
- Author(s):Marius Andreescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:197-205
- No. of Pages:9
- Keywords:National Sovereignty; State Power; State Characters and Attributes; The Relationship Between the Internal Constitutional Order and European Union Law;
- Summary/Abstract:: From the terminological point of view, but with different implications and content from a conceptual point of view, the doctrine uses the notions of popular sovereignty, national sovereignty and state sovereignty. The sovereignty of the people represents the right of the people to decide on their fate, to establish the political line of the state and the composition of its organs and to control their activity. Ideally, in the society where state power truly belongs to the entire people, the sovereignty of the people is identified with the sovereignty of the state. National sovereignty is based on the sociological idea of a nation considered as a legal entity that has its own will, distinct from that of the people who temporarily compose it at the present time, a will that is expressed through the representatives of the nation designated by electoral procedures. State sovereignty is one of the general features of power and the state and implicitly one of the constitutive elements of the state. In this sense, sovereignty is the right of the state to decide freely in everything that means internal and external politics. In the context of the Euro-Atlantic integration of Romania, the report, the internal legal and constitutional order, and on the other hand the application of the principle of priority of European Union law involves numerous legal problems and a new conception of national sovereignty. In this study we refer to the most relevant aspects of doctrine and jurisprudence regarding the relationship between the internal constitutional order and European Union law.
Efectul direct al hotărârilor penale pronunțate de statele membre ale Uniunii Europene în lumina CJUE. Implicații asupra reținerii recidivei internaționale
Efectul direct al hotărârilor penale pronunțate de statele membre ale Uniunii Europene în lumina CJUE. Implicații asupra reținerii recidivei internaționale
(The Direct Effect of The Criminal Judgments Pronounced by The Member States of The European Union in The Light of The CJEU. Implications on The Deterrence of International Recidivism)
- Author(s):Adrian-Milutin Truichici, Luiza Neagu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:206-212
- No. of Pages:7
- Keywords:International Recidive; Recognition of Foreign Convictions;
- Summary/Abstract:It is necessary for the competent authorities of the Member States to cooperate diligently and uniformly in the exchange of information on criminal convictions, in order to avoid that national judicial authorities brought with a new criminal trial against a person who has already been the subject of convictions by courts in other member states for other facts, to rule without being able to take into account these previous convictions.
Unele considerații privind influența calității reglementării actelor administrației publice asupra statului de drept din România într-o societate aflată permanent în tranziție
Unele considerații privind influența calității reglementării actelor administrației publice asupra statului de drept din România într-o societate aflată permanent în tranziție
(Some Considerations Regarding The Tnfluence of The Quality of Regulation of Public Administration Acts on The Rule of Law in Romania in a Aociety Permanently in Transition)
- Author(s):Valentin Stelian Bădescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:213-222
- No. of Pages:10
- Keywords:Public Administration; State Law; Transition; Regulation; Quality;
- Summary/Abstract:With the development of technology and the complexity of legal relationships, the amount of regulations has reached impressive dimensions. Thus, the authors of the primary and secondary normative acts, being pressured by the speed with which the changes appeared, first of all proposed that the law provide for the rights, freedoms and obligations of the subjects of law and neglected the aspects related to its quality (accessibility, clarity, predictability, simplification). The quality of regulation is of interest for the observance of the rule of law - which is based on the principle of legality, the principle of legal security, the principle of equality before the law and non-discrimination and other fundamental principles. In order to be respected the rigors of the village of law, the regulations, which constitute a universe of imperative rules or provisions, must present certain quality conditions in such a way as to offer the effective possibility to those to whom they are addressed to know, retain, understand and respect the provisions which they contain whereas the public administration has a decisive role in harmonizing relations in society.
Dreptul și societatea contemporană - evoluție sau involuție
Dreptul și societatea contemporană - evoluție sau involuție
(Law and Contemporary Society - Evolution or Involution)
- Author(s):Iosif Friedmann-Nicolescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:223-225
- No. of Pages:3
- Keywords:Right; Society; Evolution; Involution; Legal Culture;
- Summary/Abstract:Contemporary society is undergoing unprecedented change. In this context appears the dilemma regarding Law in human society: progress or regression ?
Demarhia sau despre încercarea de îmblânzire a hazardului: între trecut și viitor
Demarhia sau despre încercarea de îmblânzire a hazardului: între trecut și viitor
(Demarchia or about the attempt to tame the hazard: between past and future)
- Author(s):Cosmin Țugui
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:226-236
- No. of Pages:11
- Keywords:Demarchy; Representivity; Lottocracy; Community; Engagement;
- Summary/Abstract:Democracies go through a continuous process of successive transformations, which requires a special capacity of adaptation on the part of the citizens, but also of those in charge of the state. The essence of a functional democracy lies in the permanent collaboration between the state and society, based on responsibility, trust and mutual support. Citizens feel systematically excluded from the decision-making process, as democratic practices tend to become more and more formal and the legislative process more and more rigid. That is why the state must encourage civic engagement in all its forms, by developing some normative framework conditions intended to encourage the individual desire of the citizen to get involved. Participatory democracy can be combined with demarchy, representing the drawing of lots of a group of citizens invested with decision-making power on matters of major interest. In an age dominated by the optimism of rational planning, random democratic procedures can help strengthen the legitimacy of representative institutions and rebuild citizens' trust in the political class.
Dinamica dreptului internațional în societatea contemporană și transdisciplinaritatea sa
Dinamica dreptului internațional în societatea contemporană și transdisciplinaritatea sa
(Dynamics of International Law in Contemporary Society and its Transdisciplinaryness)
- Author(s):Cristina Elena Popa Tache
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:239-252
- No. of Pages:14
- Keywords:Society; Transition; World Crises; International Law; Transdisciplinarity;
- Summary/Abstract:Today's society has experienced an unprecedented level of world crises, from armed conflicts to financial and health crises. Their management and prevention solutions have led to the proliferation of digitization and the search for new strategic solutions. We can list non-exhaustively: drone warfare, new technologies, the use of lawfare in self-defense, the position of power of terrorist groups and non-state actors (felt in Brazil, China, Russia, India, Israel, the United Kingdom, etc.). Thus, society increasingly moved towards shaping international norms, towards creation and transdisciplinarity as a tool for the regulation of all derivative aspects, observing the influence of strategic and technological developments on the meaning and interpretation of international law itself. The life and evolution of "norms, like many other social processes, are complex combinations of normative, instrumental, and other constraints and causes of action." A current of constructivism of evolution and diffusion of international norms appeared. The arguments and conclusions of this paper are meant to emphasize the importance of understanding reality, going through the appropriate meta-analysis filtered through the ethos of the researcher. The specific scientific introspection method correlated with the transdisciplinary type method based on primary and secondary sources from scientific journals, books, documents, expert opinions and other publications was used for the elaboration of this article.
Principiul proporționalității în domeniul confidențialității și protecției datelor: Riscurile dezechilibrului raportului public – privat
Principiul proporționalității în domeniul confidențialității și protecției datelor: Riscurile dezechilibrului raportului public – privat
(The Principle of Proportionality in the Field of Data Protection and Privacy: The Risks of the Public-Private Relationship Imbalance)
- Author(s):Marius Catalin Mitrea
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:253-263
- No. of Pages:11
- Keywords:GDPR; Proportionality; Public; Private; Imbalance;
- Summary/Abstract:Different from multiple points of view, but especially from a teleological perspective, both the public and private sectors are obliged to respect the principle of proportionality in the field of data protection and confidentiality. A principle of the European Union which essentially stipulates that the means used do not exceed the limit set by the minimum impairment of the rights and freedoms of the data subjects necessary to fulfill the purpose of the processing, the principle of proportionality has a different applicability, depending on the specific instruments for each sector. In the area of privacy and personal data protection, the relationship between the public sector (whose primary objective should be the public service) and the private sector (whose mainly objectives are profit making and economic development) cannot be addressed without a third element, namely the data subjects (natural persons, individuals). Influenced by the type of political regime (pluralist, totalitarian or mixed), the reporting of the two sectors to the data subjects is carried out by virtue of their qualities as citizens, respectively clients, with the related rights and obligations. Therefore, by violating the proportionality of the processing of data subjects, one sector would become more powerful than the other, a fact that would lead to functional imbalance. This research aims to identify the situations in which either the public or private sector abandons its specific purpose of a democratic state of law, violates the principle of proportionality and processes personal data contrary to the principles of Regulation (EU) 679/2016. One conclusion is certain: the possible desire to maximize authority and control at any cost, respectively profit, by violating the principle of proportionality, represents a serious slippage that strongly affects the whole society.
nteligența artificială. Recomandări, orientări și cadrul juridic în România
nteligența artificială. Recomandări, orientări și cadrul juridic în România
(Artificial Intelligence. Recommendations, Guidelines and the Legal Framework in Romania)
- Author(s):Daniela Ghituleasa (Duță)
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:264-271
- No. of Pages:11
- Keywords:Artificial Intelligence; Artificial Intelligence Regulation; Facial Recognition; Algorithmic Transparency; Human Rights;
- Summary/Abstract:This study aims to present the legal framework, endorsed or implemented recommendations and guidelines in Romania, and significant developments regarding artificial intelligence. Romania is among the last EU member states without a national strategy in the field of artificial intelligence. To facilitate the development of the national strategy on AI and the Action Plan for implementing the strategy at the national level, the Romanian Committee for Artificial Intelligence was established at the end of 2022. The research is focuses on the implementation of norms and recommendations regarding artificial intelligence, algorithmic transparency, facial recognition and combating the use of autonomous weapon systems in Romania. Romania has endorsed or implemented the OECD Recommendation on Artificial Intelligence, the UNESCO Recommendation on the Ethics of Artificial Intelligence, and the Universal Guidelines for Artificial Intelligence?
Cadrul legislativ unional și de transpunere privind contractele de vânzare de bunuri încheiate între vânzători și consumatori în condițiile unei economii digitalizate
Cadrul legislativ unional și de transpunere privind contractele de vânzare de bunuri încheiate între vânzători și consumatori în condițiile unei economii digitalizate
(Union Legislative and Transposition Framework Regarding Contracts for The Sale of Goods Concluded Between Sellers and Consumers in The Conditions of a Digitalized Economy)
- Author(s):Elise-Nicoleta Vâlcu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, EU-Legislation
- Page Range:272-280
- No. of Pages:9
- Keywords:Consumer; Seller; Goods with Digitized Elements; Compliance Conditions; Corrective Measures;
- Summary/Abstract:In accordance with the provisions inserted in Para 1-2) letter (a) of Art 169 of the TFEU, the European Union, through its own legislative mechanisms adopted pursuant to Article 114 of the TFEU, must ensure consumers a high level of protection, as well as the promotion of the competitiveness of enterprises, considering the technological evolution that generated the development of a market of goods including of those incorporating digital content or digital services, given that online sales of goods constitute the vast majority of cross-border sales in the European Union. The adoption of the Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects relating to contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing of Directive 1999/44/EC, is part of the European Union’s policy of increasing legal security regarding the rules applicable to contracts for the sale of products. In Romanian legislation, Directive (EU) 2019/771 was transposed by Emergency Ordinance no. 140/2021 regarding certain aspects related to contracts for the sale of goods.
Adaptarea dreptului penal la evoluția digitală - Fenomenul Cyberbullying
Adaptarea dreptului penal la evoluția digitală - Fenomenul Cyberbullying
(Adaptation of Criminal Law to Digital Evolution - Cyberbullying Phenomenon)
- Author(s):Versavia Brutaru
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:283-292
- No. of Pages:10
- Keywords:Bullying; Cyberbullying; Harassment; Technology; Aggression;
- Summary/Abstract:Adults are increasingly using technology (computer, tablet, smartphone) as a vehicle for establishing personal relationships (as evidenced by the proliferation of online dating sites), but also for more practical purposes, such as getting directions, watching news or entertainment, or performing tasks at work, and the general trend is growing. In relation to the current context we find that the influence of technology will be even. Cyberbullying has a variety of attributes that can accentuate the impact of bullying behavior: for example, the potential to include a wider audience; anonymity; the more sustainable nature of the written word; and the ability to reach the target at any time and in any place, including previously considered safe environments, such as the harassed person's home.
Mijloace de identificare electronică
Mijloace de identificare electronică
(Methods of Electronic Identification)
- Author(s):Nicoleta-Elena Hegheș
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:293-298
- No. of Pages:6
- Keywords:Identity; Identification; Systems; Electronic Means; Biometrics;
- Summary/Abstract:In this article we have proposed to make a presentation of the national electronic identification systems and the means of identification within the notified system and a brief analysis of the definitions in Regulation (EU) no 910/2014 of the European Parliament and of the Council of July 23, 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, with an emphasis on biometrics which is a traditional method of identifying a people with the help of modern technical and scientific means, based on their anatomical and behavioral characteristics.
Considerații generale privind infracțiunile contra persoanei
Considerații generale privind infracțiunile contra persoanei
(General Considerations Regarding The Crimes Against The Person)
- Author(s):Ion Ristea
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:299-307
- No. of Pages:9
- Keywords:Medieval Regulations; Criminal Codes; Preexisting Conditions; Protection of The Person; Legal Content;
- Summary/Abstract:Considering the special importance of social relations regarding the human person, which constitutes the generic legal object of these categories of crimes, the author of this material, on the one hand, carried out an evolutionary-historical presentation of these offences, and on the other hand highlighted their specific common aspects. Regarding the first aspect, the author was able to demonstrate that the protection of the person through the mediation of the criminal law has concerned the Romanian society since ancient times, this results from the old penal legislations printed during the Middle Ages (for example, the Correction of the Law, from 1652) the regulations that appeared in the modern society that succeeded the medieval period (e.g. the Penal Code of 1864) and the codification in the contemporary society that succeeded the modern period (e.g. the Penal Code of 2009). Regarding the second aspect, were revealed common aspects whose analysis is necessary for the overall characterization of this category of crimes in relation to the pre-existing conditions (the legal object and the material object, the subjects of the crimes, the place and time of the crimes), the structure and the legal content (premise situation, objective and subjective constitutive content), forms, methods, sanctions and procedural aspects. From the material, the conclusion emerges that the protection of the person by means of the criminal law represented and represents one of the most important objectives of the criminal law, since the human person was and is protected both in terms of his physical personality and his moral personality but drawing criminal liability must be carried out in full compliance with the general and special conditions of incrimination.
Noi reflecții privind criza dogmaticii penale
Noi reflecții privind criza dogmaticii penale
(New Reflections on The Penal Dogmatic Crisis)
- Author(s):Mioara-Ketty Guiu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:308-326
- No. of Pages:19
- Keywords:Empirical Science; Formal Science; Normativism;
- Summary/Abstract:This study starts from the observation that nowadays, more and more authors speak of a "crisis of law", especially of a "crisis of penal dogmatics", and it is trying to clarify how this situation came about. To this end, the author makes a foray into the history of law, which reveals, in summary, the following: the fact that legal science was not born in the modern era, but dates back to early antiquity; the fact that unlike other sciences (most), which present themselves as empirical sciences, legal science presents itself, par excellence, as a formal science, which derives directly from the general logic (metaphysica generalis); the fact that, like all sciences, legal science consists of two parts, namely a general part (purely theoretical) and a special part (applicative); the fact that until the modern era, prevailed the view that legal science and, in particular, its general part presents itself as a philosophical discipline, with a high degree of abstraction, which can progress, only by virtue of a normative conception, that is, taking into account that, by its rules, the law creates a (ideal) juridical reality, with own entities, which never coincides with the concrete, objectively existing reality; the fact that the regression or "crisis" of law started in the middle of the nineteenth century (after Hegel's death), when idealistic philosophy went into decline, to make way for a materialistic and deterministic conception; the fact that, from that moment on, legal science abandoned the normative conception in favor of a naturalistic conception, according to the new ”philosophy about the world and life"; the fact that overcoming the state of crisis is possible only in one way, namely returning to the old conception, normative, as claimed, in particular, by the German penalists.
Unele considerente privind constatarea infracţiunilor flagrante privind securitatea naţională
Unele considerente privind constatarea infracţiunilor flagrante privind securitatea naţională
(Some Considerations Regarding The Detection of Flagrant Crimes Regarding National Security)
- Author(s):Cristian Popa, Romeo-Ioan Gârz
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:327-331
- No. of Pages:5
- Keywords:National Security; Criminal Procedure Code; Flagrant Crime;
- Summary/Abstract:In the case of flagrant crimes against national security, by the personnel of the Romanian Intelligence Service, the document that is concluded is called, according to the law, a statement of findings and must contain both the general conditions of substance and form provided by the law, as well as the those specific to the flagrant crime. The law stipulates that, after the conclusion of the flagrant crime detection operations, the person will be immediately handed over to the competent judicial bodies, together with the finding document and the criminal bodies. We mention that the act of apprehension, by the personnel of the Romanian Intelligence Service, of the perpetrator, as part of the activity of detecting the flagrante, is not a judicial apprehension, but only a temporary preservation of him, for handed over to the competent criminal investigations structure.
Probleme în legătura cu revocarea suspendării executării pedepsei sub supraveghere
Probleme în legătura cu revocarea suspendării executării pedepsei sub supraveghere
(Problems in Connection with The Revocation of The Suspension of The Execution of The Sentence Under Supervision)
- Author(s):Victor Andrei Cărcăle
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:332-336
- No. of Pages:5
- Keywords:Expiry of The Trial Period; Revocation of The Suspension of Execution of The Sentence Under Supervision; Late Discovery of The Offense;
- Summary/Abstract:In this communication, we answer the question raised by judicial practice: whether it is possible to discover by the end of the probation period that the convicted person had committed another offense before the judgment ordering the suspension was handed down or until the judgment has become final, even if the prison sentence was imposed for that offense after the expiry of the probation period. To this question, we say that the new offense only triggers the revocation of the suspension of the execution of the sentence under supervision if it is discovered during the trial period. If it is found afterward, even if the judgment becomes final, it will not be possible to revoke the suspension of the execution of the probation sentence. Therefore, the late discovery of the offense is a shortcoming on the part of the authorities, and a revocation of the suspension of the execution of the sentence under supervision after a long period of time has elapsed would no longer produce the effects that this institution implies.
Analiza cantitativă privind victimele traficului de persoane în/din România (2020-2021)
Analiza cantitativă privind victimele traficului de persoane în/din România (2020-2021)
(Quantitative Analysis of Victims of Human Trafficking in/from Romania (2020-2021))
- Author(s):Aura Preda
- Language:Romanian
- Subject(s):Criminal Law, Health and medicine and law
- Page Range:337-347
- No. of Pages:11
- Keywords:Antitafficking Entities; The Covid-19 Pandemic; Quantitative Analyses; Victimization; Prevention Measures; Legislative Framework;
- Summary/Abstract:The article briefly presents the legislation in Romania regarding the protection of victims, as it was amended, but also quantitative and qualitative aspects regarding a certain type of victims from the years 2020-2021. In the pandemic context, it is relevant to discuss the challenges imposed by Covid -19 on some types of victims. Due this we were focused at victism of human trafficking durind the period between 2020-2021. The author tries to make a comparative quantitative analysis on the mentioned years, within the limits of the date obtained from our national agency specialized in monitoring and preventing this phenomenon (ANITP).
Justiția restaurativă, o soluție majoră a timpurilor noastre
Justiția restaurativă, o soluție majoră a timpurilor noastre
(Restorative Justice, a Major Solution of Our Time)
- Author(s):Mihaela Aghenitei, Adriana Iulian Stancu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:348-351
- No. of Pages:4
- Keywords:Justice; Evaluation; Society; Measures; Damage;
- Summary/Abstract:Restorative justice is a happy combination between the application of the legal provisions by those entitled to do it and the civil society that comes to complete through non-restrictive means, the awareness activity by the one who broke the law, that he must repair the damage created and understand that he it is not a way of life that he can continue to choose in society. All the more since the legislation does not offer a reparative post-conviction possibility, it is necessary that on a national, regional or global level, there should be this alternative against the decline of the community. Moreover, a harmonious combination is required between new legislation in the field, on the one hand, and the acceptance of the existence of the victim in the person of the perpetrator, both from the perspective of not taking elementary psychological measures by those in law and from the perspective of the study of his history in its development individually in society.
Reacția socială împotriva criminalității
Reacția socială împotriva criminalității
(Social Reaction Against Crime)
- Author(s):Mihaela Aghenitei, Getty Gabriela Popescu
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:352-357
- No. of Pages:6
- Keywords:Crime; Criminal Justice; Criminality; Criminals; Role Models;
- Summary/Abstract:Currently, the problems of crime and criminal justice concern the highest world forums, including the UN, which constituted, within the Social and Economic Council (ECOSOC), a section for criminal justice and combating crime. However, the penal policy models applied in various countries are not and cannot be identical. They depend on the political, economic, social, and cultural specifics of each individual country, on its own historical evolution, on the regional context in which it is located and, of course, on the state and dynamics of the criminal phenomenon. Moreover, the theoretical treatment of the models of social reaction against crime and, in this context, of the models of criminal policy, which cannot be carried out without stating that, over time, they did not exist in a pure state except at the level of principles general, concrete modalities interfering and coexisting in space and time.
Dreptul românesc în perioada tranziției către societatea criminogenă actuală
Dreptul românesc în perioada tranziției către societatea criminogenă actuală
(Romanian Law During The Transition to The Current Criminogenic Society)
- Author(s):Tiberiu Viorel POPESCU
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:358-363
- No. of Pages:6
- Keywords:Law; Criminology; Criminality; Criminal Law;
- Summary/Abstract:Romania, together with the other Eastern European countries that belonged to the former communist bloc, started more than 30 years ago on a new path towards acquiring the status of liberal democracies. The literature analyzed crime in liberal democracies and gave interesting answers that argued why they can constitute criminogenic areas. If these liberal democracies, including Romania, can themselves be criminogenic, it is absolutely necessary to analyze whether the law represented, or could represent, an obstacle to the evolution of the volume and structure of current crime. If the law could have an important role in weighing the volume and severity of crime, but this role did not manifest itself, it is important to emphasize the factors that favored this circumstance.
