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European and international institutional connection of the National Council for Combating Discrimination

Author(s): Cristian Jura / Language(s): English Publication Year: 0

The primary purpose of this research study is to introduce and examine the European and international network of the National Council for Combating Discrimination, one of the national institutions in a permanent connection with most of the international organizations, namely United Nations, Council of Europe, OSCE, European Union and others. The National Council for Combating Discrimination (CNCD) was established inAugust 2002, following the adoption of the Government Ordinance no. 137/2000 and Government Decision no. 1194/2001 regarding the organization and operation of CNCD. These documents are in fact the transposition into the national legislation of certain European directives. At European level, there are institutions similar to CNCD in all the Member States of the EU, yet CNCD is singular thanks to the fact that it can ascertain discrimination on 14 different criteria and can impose sanctions. No other institution of this nature covers such a large scope. CNCD is an autonomous state authority, under Parliament control, which carries out its activity in the field of prevention, combating and sanctioning of all the discrimination forms. The main method to compile this study is the content analysis, simple or comparative, dealt with in a manner specific to research in the sector of socio-human sciences, law and history, respectively. Several statistical aspects will be underlined where they are a natural completion to the quality analysis. An essential role is played by personal experience of almost 20 years in the public international law. This research study will help with a better understanding of the role and place that CNCD occupies in the society and a model of international connection of a national institution.

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The proportionality principle used as standard by the European Court of Human Rights when assessing the excess of power

Author(s): Oana Şaramet,Georgeta-Bianca Spîrchez / Language(s): English Publication Year: 0

The study herein aims at examining the implementation of the proportionality principle in the European Court of Human Rights case law, as a means of controlling the activity of the national authorities, namely limiting the excess of discretionary power. The main motivation for such an approach consists in providing the guidelines in the decisionmaking process of restricting certain fundamental rights and freedoms, so that the provided substantiation to form the belief that all relevant factors have been taken into accountand that the measures implemented in those cases are transparent, non-discriminatory and accountable. Thus, in drawing up this study, we have taken into account the relevance that the principle of proportionality should have in the activity of the public authorities, including that of the public administration. The exercise of their powers shall be always done in accordance with the principle of legality, but also within the limits of the discretionary power accepted so as not to prejudice the fundamental rights and freedoms of individuals and not to compromise the public interest by excess power or even abuse of power. The importance of the principle of proportionality is also revealed by the Constitutional Court of Romania, which has built its own case-law in this respect on the jurisprudential elements developed by the ECHR. This is the reason for which, in this study, we shall also mention the case-law issues of the Romanian Constitutional Court, not just those of ECHR.

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Considerations on the functions of the European Council

Author(s): Ileana Voica / Language(s): English Publication Year: 0

The work focuses mainly on the functions of the European Council, after a brief review of its regulations in the treaties, its composition and organization, as well as on the functioning of the European Council. It also addresses the European Council's connection with the EU Council, mainly in order to underline the importance of the EU Council for Romania in the current period, when our country holds the presidency of the EU Council, for six months, starting with January 1st 2019, but also in order to avoid any confusion between the European Council and the EU Council.

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The lawful State in the context of the normative and institutional requirements of European Union

Author(s): Marius Andreescu / Language(s): English Publication Year: 0

The doctrine of the lawful state comes from the German theory and jurisprudence, but is now a requirement and a reality of the constitutional democracy in contemporary society. Presently, the lawful state is no longer merely a doctrine but a fundamental principle of democracy consecrated in the Constitution and international political and legal documents. In essence, the concept of the lawful state is based on the supremacy of law in general and of Constitution in particular. Essential for the contemporary realities of the lawful state are the following fundamental elements: the moderation of the exercise of state power in relation to the law, the consecration, guaranteeing and observance of the constitutional rights of man especially by the state powers and, last but not least, the independence and impartiality of justice. In this study we analyze the most important elements and features of the lawful state with reference to the contemporary realities in Romania in the context of the requirements expressed in the political and legal instruments of European Union. An important aspect of the analysisis the separation, balance and cooperation of the state powers, in relation to the constitutional provisions. The excess of power of the public authorities, the excessive politicking and failure to respect the independence of justice are aspects of contemporary social and state reality that contravene to the requirements of the lawful state. Are analyzed the most significant aspects of the Constitutional Court jurisprudence and the jurisprudence of administrative courts in regard to the guaranteeing of the lawful state attribute in Romania, as well as, regarding the power excess.

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The Schengen area in the context of the free movement of persons in the European Union

Author(s): Ioana Nely Militaru / Language(s): English Publication Year: 0

The free movement of persons in the European Union is certainly one of the most concrete achievements of the European integration process. The establishment of the Schengen area in 1995 led to the abolition of controls at the internal borders of the European Union. Currently, the Schengen area comprises most of the EU states except Ireland and the United Kingdom, which have opted to stay outside, as well as Bulgaria, Croatia, Cyprus and Romania, which are bound to join Schengen. However, EU citizens benefit from free movement when traveling within the EU, whether or not the country is part of the Schengen area. If they enter the territory of an EU Member State that is not part of the Schengen area, EU citizens are in principle subject to a minimum identity check based on travel documents, respectively passports or identity cards).

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Why do we have to take examples from others?

Author(s): Lidia-Gabriela Herciu / Language(s): English Publication Year: 0

Intellectual capital is an up to date concept. The term intellectual capital (IC) has been used for the first time in 1836 by William Nassau Senior, economist, when he was pointing out that the IC of Great Britan has exceeded by far all the material capital, not only in importance, but also in productivity. The world has evolved since 1836 upuntil now. Industrial economy has been, step by step, replaced by the knowledge economy. This replacement process started in 1959. It was Peter F. Drucker who drew attention to knowledge economy. IC came from 3 diffrent spheres: economics, management and accounting and became attractive to academics. Therefore, reaserchers could use IC in order to create new toolsthat produced essential change. We refer particulary to The Intellectual Capital of the State of Israel Report that became an instrument to promote Israel. The purpose of this paper is to analyse the role and the importance of intellectual capital in developing communities, with a focus on Romania and how IC could help Romania to develop in the near or distant future. The reasearch emphasises the importance of the IC and of the organisational intelligence for the society’s development.

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The identity and legitimacy of the PhD in administrative sciences

Author(s): Valentina Cornea / Language(s): English Publication Year: 0

The research in public administration within the PHD programmes contributes to the satisfying of the need for scientific knowledge in the field. The present study is an approach to the nature of research within the PHD programmes in Administrative Sciences. We synthetize data and information obtained out of the analysis of the activity of the doctoral programmes in Administrative Sciences and we relate it to the criteria that confer the identity and legitimacy of the PHD. We consider three essential elements: major research subjects, research methodologies, and the results disseminated that we relate to the field of study in Administrative Sciences and to the context. We realise a first diagnosis of the stage of the PHD in Administrative Sciences in Romania and the measure that it is relevant to the new economy of knowledge. The conclusion of the study is that the legitimacy of the PHD in Administrative Sciences is mainly ensured by the need to bring the academic studies in accordance to the Bologna system and the criteria imposed in order to follow an academic career. The major subjects of research consider the tendencies of evolution in Administrative Science as a totalizing science.

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The institution of civil servants in Romania, according to current legislation

Author(s): Viorica Cornelia Grăjdeanu / Language(s): English Publication Year: 0

All the functions and responsibilities established by the law in order to carry out the legal powers of public power by the central public administration, the local public administration and by all autonomous administrative authorities, designate the institution of the civil service. All the legislation in force defines the civil servant as the natural person, appointed under the law in a public position in Romania, who carries out the activities stipulated by the normative acts in force, activities that involve the exercise of the powers of public power. The total number of civil servants within the public administration central and local authorities and within the autonomous administrative authorities are the Corps of Civil Servants in Romania. The public state functions are established and approved according to the law, within the ministries, the specialized bodies of the central public administration, as well as within the autonomous administrative authorities. Territorial public functions are established and approved, according to the law, within the prefect institution, the deconcentrated public services of the ministries and the other bodies of the central public administration in the territorial administrative units. The local public services are established and approved, according to the law, within their own apparatus, the local public administration authorities and the public institutions subordinated to them.

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Considerations on certain legal issues regarding the establishment of the National Council for the Development of Human Resources in Public Administration

Author(s): Andreea Stoican / Language(s): English Publication Year: 0

At the beginning of 2019, Law no. 69/2019 on the establishment of the National Council for the Development of Human Resources in Public Administration entered into force. It is an advisory, with no legal personality, non-permanent body that functions alongside the General Secretary of the Government under the Prime Minister's coordination. Although the role of establishing such a body has been intensely debated and appreciated as being of particular interest in the existence of a strategy to strengthen the administrative efficiency of the Member States of the European Union, including a reformof the public administration, the entry into force of this law was not exempt from contradictory discussions, culminating even with the claim of its unconstitutionality, through the submission in court of the exception of unconstitutionality.

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The obligation to notify the judicial bodies in relation to commission of certain acts stipulated by the criminal law in connection with the exercise of state authority

Author(s): Gianina-Anemona Radu / Language(s): English Publication Year: 0

Entailing criminal responsibility is the most severe form of liability in a rule of law. Knowing the criminal law is a task for all citizens. When the violation of these rules is done by the very persons who carry out tasks within the state authorities, this become seven more serious. Our study aims to contribute to knowing the categories of persons who are criminally responsible for non-fulfilment of certain obligations deriving from their professional qualities when they are aware of commission of offenses and to determining their contribution to the initiation of criminal proceedings. The study of the judicial practice in criminal matters, in connection with the guidance decisions of the High Court of Cassation and Justice, helps to determine the scope of criminal liability of the civil servant when it has the obligation to denounce certain criminal acts which come to his/her attention from the perspective of his/her work duties.

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The collective negotiation and collective agreements – legal task or opportunity, in the management of the legal service relationships of the police officers

Author(s): Valentin Minoiu / Language(s): English Publication Year: 0

The issue of collective negotiation will always be of interest from the point of view of the permanent concern of the people employed to maximize the guarantees received from the employer, regardless of whether he is a public or private person, in connection with the satisfaction of economic and social interests, patrimonial or non-patrimonial, which arise from the legal relations between them. Even though, in terms of service legal relationships, in the public sector in general, but also in particular those of police officers, collective negotiation takes on a particular form, much more articulated by rules legally required for organization and conduct, on the merits, but, the importance of this issue determines at least the same concerns. In this context, it has become of interest to study and analyse to what extent, at the level of the public institution involved, in this case the Ministry of Home Affairs, which is entrusted with the overall material competence to manage police officers' relations, to bring together the social partners in a negotiation collective for the conclusion of a collective agreement can be identified and capitalized as an opportunity to obtain benefits also at institutional level, or it remains exclusively the exercise of a legally imposed obligation from which only benefits can be obtained for the policemen and, at the institutional level, at most, the concern to "get" losses or costs as little as possible, implicated in what is offered or accepted in the negotiation.The carried out analysis is based mainly on documentary analysis, which has covered both a part of the existing doctrinal space in the field, the ideological anchoring of the approach in the general landscape of the problem, as well as the normative framework in force in the field, to ensure the legal framing of the resulting conclusions and to size as accurately as possible the proposals formulated and launched for debate or further development.

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Living assistance for people with disabilities

Author(s): Claudia Boghicevici / Language(s): English Publication Year: 0

The living assistance of the disabled people involves using a pet to help the person in need to overcome their disabilities. The living assistance for people with visual impairments through guide dogs has become a new concern for the decision-makers in Romania. This paper aims to trace and extract those elements that may favor the development of this type of assistance in Romania as well, from the experience of other states in the use of guide dogs. The research articles in the field show that certain elements of the legislative context are necessary for a good implementation of the living assistance programs. But they are not enough either. The high cost of guide dogs training programs can be a serious inconvenient in this direction. This is where specialty medical literature comes to our attention. It is the one that complements the normative study and provides us with medical research that highlights a number of predictors of the guide dog training success. Applying the results of these research can greatly reduce the costs of training programs, thus facilitating the development of this form of assistance.

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Legal regime of requests for voluntary intervention in public procurement trials

Author(s): Adelina Vrâncianu / Language(s): English Publication Year: 0

The public procurement procedure is a complex procedure that is carried out in accordance with the provisions of Law no. 98/2016 and Law no. 99/2016 and in accordance with the steps and rules described in the normative acts already mentioned. Because in the procedure are involved factors with own interests and often contrary, Law no.101/2016 provided the legal possibility to challenge any act of the contracting authority/entity contrary to the legal provisions. Thus, as injured persons, economic operators can attack administrative acts and administrative contracts, but, at the same time, they can intervene in the trials opened by other parties involved. The most commonly used tools are the requests for ancillary and main intervention. The paper aims to treat these working tools provided to the economic operators by the civil procedure code from the perspective of legal provisions and the case law in public procurement.

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Pranayama Yoga: Measuring Brainwaves via EEG

Author(s): Rebecca Bhik-Ghanie / Language(s): English Publication Year: 0

Differences in baseline electroencephalogram (EEG) activity have been found among long-time practitioners of meditation (3+ years) in comparison to novice meditators (<1 year). In the current study, 10 participants (5 experienced meditators; 5 novices) engaged in a series of weekly, 20-minute Open Heart Meditation (OHM) practices; 5 control participants (all novices) engaged in a 20-minute reading/study session. EEG activity was measured in all participants during the first and final sessions. While the differences did not reach statistical significance, there were differences in the expected direction, suggesting an increase in baseline mean frequency of EEG measurements within the beta range for experienced meditators in comparison to novices and controls, suggesting an increase in neurological engagement during meditation. These findings suggest that there are potential neurological gains of certain meditative practices, which should lead to further investigation into the merits of meditative practice as a form of therapy.

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Adoption System in Some States in the EU and America

Author(s): Silvia Timofti / Language(s): English Publication Year: 0

In this material we will highlight the distinct adoption elements of the world's states, such as the US, Germany, Great Britain, Italy, France. In order to really know the evolution of our adoption system, it is necessary to compare us with other states to see the differences and similarities between them. The favor for adoption is the favor for the child and for the adopter. The importance for adoption is the importance for the children and for adopter. Therefore, the best interest of the child must be the most important thing in the institution of adoption. The national laws of the world's states have different mechanisms for implementing the adoption procedure. These differences are given by family traditions, culture, habits, religious concepts, social and political context, and last but not least their history. There are states that do not admit adoption with a adopter of race, religion different from that of the child. With the development of the adoption system, borders have been opened, adopting between races, international adoptions or same-sex adoptions

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Criminological Analysis of the Antisocial Personality of the Terrorist

Author(s): Gabriel Tănăsescu / Language(s): English Publication Year: 0

This article describes the causal link between the antisocial personality of the terrorist and the suicidal behavior that preceded the passage to the criminal act. People with antisocial personality disorder are characterized as aggressive, irresponsible, cynical, impulsive, empathy-free, have a criminal behavior and know the experience of professional failure. From a psychoanalytic point of view, the terrorist has a devalued Superego, the ego is influenced by the drive of destruction, and can no longer censor the morbid demands of Id. Anticipating the sanction and assessing the consequences of the criminal act lead to the inhibition of the aggressive personality, the passage to the act being stopped by the moral barrier, by the censorship of the overwhelm in the case of a social being. The concept of radicalization is presented in comparison with the failure of social integration programs. Radicalization is preceded by suicidal behavior.

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Some Aspects of Criminal Participation

Author(s): Silviu-Ștefan Petriman / Language(s): English Publication Year: 0

In the social life, human activity may be performed by one person, but in some other people can contribute to the same activity. If this human activity is characterized by committing an act provided by the Criminal Law, and other persons are contributing to this deed, we are in the presence of participation to the commission of an offense under Criminal Law. In other words, we have a plurality of people who commit a crime stipulated by the criminal law. So who directly commits the deed directly is the author and the others are participants. In order to be in the presence of a criminal participation, it is not enough that other people participate, but the participants need to be animated by a common will, together with the author, to commit the crime provided by the Criminal Law. Another condition is that the crime provided by the Criminal Law has been committed by a larger number of persons than necessary, according to the nature of the act otherwise we will have either a plurality constituted either by natural plurality. The Romanian Criminal Law incriminates this form of plurality of offenders (also called occasional) in Title II, Chapter 6, entitled “The Author and the Participants.”

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Preventive Measures in the Criminal Procedural System in Romania

Author(s): Alexandru Peicea / Language(s): English Publication Year: 0

Preventive measures are those measures ordered by the judicial bodies in order to ensure the proper conduct of the process and the participation of suspects or defendants in the judicial proceedings. Preventive measures shall also be ordered against persons committing criminal offences and where it is desirable that such persons do not influence witnesses or injured persons, experts or other participants in the criminal proceedings. The Code of Criminal Procedure in Romania regulates five preventive measures: taking in custody, judicial control, judicial control on bail, house arrest and pre-trial arrest. The present work aims to address preventive measures from a theoretical perspective, and we will analyze the conditions of ordering such preventive measures, remedies that may be formulated against these measures, the possibilities for revocation or termination of such measures in certain situations, but also the actual content of such measures.

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Law and Religion. The Mystical Link

Author(s): Oana Horhogea / Language(s): English Publication Year: 0

In history, between Law and Religion there existed an important connection because both have their origin in establishing some norms regulating the conduct of man in the society. Thus, if at the beginning, the religious and the legal norms were almost identical, over time these began to differentiate, preserving, however, a latent and permanent connection. In its evolution, law has always represented an assembly of behavioural rules in the social connections, whose main feature is the mandatory feature establish for all its members of a society. By studying religion, we can establish similar rules as the law ones, having as purpose the creation of a manner for preserving peace and understanding between individuals, without family links, rules which had to be complied with by all the participants in a social, economic or religious process.

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Emilio Uranga and the Communal Role of Melancholy in Postcolonial Korean Culture

Author(s): Carmen Huxley / Language(s): English Publication Year: 0

ABSTRACT: Melancholy has long been considered a negative state of being. However, negative interpretations fail to appreciate its positive potential. Melancholy and its effect can potentially benefit, not just an individual but a community. Changing attitudes towards the idea of melancholy in American culture may happen if the strategy of defining it is adapted. This paper focuses on how Emilio Uranga defines melancholy and how his philosophy can benefit a better understanding of melancholy in a communal dimension. The role of communal melancholy in Korean culture after colonialization exemplifies the way in which melancholy presupposes and manifests freedom and is a condition of authenticity.

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