Considerații pe marginea răspunderii pentru fapta persoanei care beneficiază de consiliere judiciară sau tutelă specială

Author(s): Nora Andreea Daghie / Language(s): Romanian Publication Year: 0

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

Author(s): Ion Craiovan / Language(s): Romanian Publication Year: 0

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

Author(s): Emilian Ciongaru / Language(s): Romanian Publication Year: 0

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

Author(s): Viorel Miulescu / Language(s): Romanian Publication Year: 0

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

Author(s): Maria-Luiza Hrestic,Vasile Ivan Ivanoff / Language(s): Romanian Publication Year: 0

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

Author(s): Ion Flămînzeanu / Language(s): Romanian Publication Year: 0

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?

Author(s): Cristian Neacsiu / Language(s): Romanian Publication Year: 0

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

Author(s): Marieta Safta / Language(s): Romanian Publication Year: 0

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

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

: 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.

Unele considerații privind influența calității reglementării actelor administrației publice asupra statului de drept din România într-o societate aflată permanent în tranziție

Author(s): Valentin Stelian Bădescu / Language(s): Romanian Publication Year: 0

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

Author(s): Iosif Friedmann-Nicolescu / Language(s): Romanian Publication Year: 0

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

Author(s): Cosmin Țugui / Language(s): Romanian Publication Year: 0

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

Author(s): Cristina Elena Popa Tache / Language(s): Romanian Publication Year: 0

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

Author(s): Marius Catalin Mitrea / Language(s): Romanian Publication Year: 0

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

Author(s): Daniela Ghituleasa (Duță) / Language(s): Romanian Publication Year: 0

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?

Adaptarea dreptului penal la evoluția digitală - Fenomenul Cyberbullying

Author(s): Versavia Brutaru / Language(s): Romanian Publication Year: 0

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.

Dreptul românesc în perioada tranziției către societatea criminogenă actuală

Author(s): Tiberiu Viorel POPESCU / Language(s): Romanian Publication Year: 0

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.

Vergilemede Adalet İlkesi ve Türkiye'de Durum

Author(s): Hakkı M. AY,Adnan Söylemez,Nihal Güneş Ay / Language(s): Turkish Publication Year: 0

Zamana, toplumlara ve kültürlere göre değişen adalet olgusu, düşünürlerin, filozofların, bilim insanlarının ve siyasetçilerin ilgi alanı olmuştur. Adalet kimi zaman sultandan, kimi zaman da din adamlarından beklenmiştir. Modern toplumlarda adaletin sağlanması hukuk kurallarına bağlanmıştır. Devletin en önemli ve en büyük gelir kaynağı olan vergilerin de bir hukuku vardır. Kanun yapma yetkisi genellikle meclislerin görevidir. Vergi kanunları hazırlanırken, vergi mükelleflerinin psikolojileri dikkate alınmalıdır. Vergi ahlakının yüksek olduğu toplumlarda vergi gelirleri de fazla olacaktır. Vergi ahlakını olumlu etkilemesi bakımından vergilerin de ahlaklı/vicdanlı olması gerekir.

ПРИВЕТСТВЕНО СЛОВО НА ПРОФ. Д-Р ИРЕНА ИЛИЕВА до участниците в юбилейната научна конференция по случай 110 години от рождението на акад. Любен Василев „Актуални проблеми на частното право“, 16 септември 2021 г.

Author(s): Irena Ilieva / Language(s): Bulgarian Publication Year: 0

ТРУДОВИ И ОСИГУРИТЕЛНИ ПРАВА ПРИ КОВИД-19

Author(s): Georgi Gochev / Language(s): Bulgarian Publication Year: 0

In 2020, the world faced a new global pandemic– the SARS-COV-2 virus, which causes COVID-19 disease. It ischaracterized by changing the lives of millions of people around theworld, directly affecting all sectors of the economy and limiting opportunitiesfor paid work. This has raised many questions about bothlabor and social security law. The present study focuses on some employmentand social security rights that arise from COVID-19 disease.On the one hand, the illness may appear as a legal, law changingor terminating legal fact for the employment relationship, and onthe other hand - it represents an social risk, reg ulated by the socialsecurity law. With the occurrence of the disease for a specific person,the social security relationship transforms from latent to activeform, because an social security case arises, which is the reason forthe payment of benefits from the social security funds in the form ofbenefits, allowances or supplements.