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KAZNENO-POPRAVNI ZAVOD ĆUPRIJA

Author(s): Author Not Specified / Language(s): Serbian Publication Year: 0

The conditions of life and work of the entire personnel should be improved by higher pay and other measures to stimulate their commitment and conscientious and lawful work; The personnel should be encouraged at all times to add to their vocational knowledge and skills by attending vocational development, additional training and education courses as well as by counselling and example of positive management; The personnel should be educated or outside experts engaged to deal with special categories of prisoners; In selecting and recruiting personnel, priority must be given to the candidate’s social skills and emotional stability; The security service job systematization should be modified according to the real problems and challenges the service has to cope with.

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Kadın Hakları Konusunda Bir Öncü: Süreyya Ağaoğlu

Author(s): Zeynep Özlem Üskül Engin / Language(s): Turkish Publication Year: 0

It is extremely recent for women to talk about their rights, and obtaining these rights includes many challenges and struggles. Süreyya Ağaoğlu, the subject of the article, was born in the late Ottoman Empire and wanted to exist as a lawyer in a world where women were not in the public space. Perhaps the difference from other women is that she had a wealthy and educated family, as well as the will to work and succeed. The long life of Ağaoğlu, who was recognized as the first female lawyer, also offered her the opportunity to work in many other areas: she represented Turkey abroad many times through professional associations and explained the importance Turkey attaches to women, development and advances in women's rights. In addition, he worked in associations that focused on children's education, and even became the founder of two

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Pending Agenda for Post-Pandemic Social Protection - An Integral Systematic Interdisciplinary Look From the Law of Emergency

Author(s): Jorge Isaac Torres Manrique / Language(s): English Publication Year: 0

The health situation has been taking a heavy toll on the people of the world. We are witnesses of the exception of the astronomical figures of infections, deaths, economies of the countries, loss of employment, increase in poverty rates, among others. The effect of the pandemic is presented in an irrepressible and worrying way in every order.The policies of the different governments have not been successful, since they cannot control or stop the advance of COVID-19. Nevertheless, it should be noted that the additional problem that is coming is the one that will arise after the virus has been overcome.In this installment and in that order of ideas, we explain and develop in a comprehensive, systemic and interdisciplinary way, the challenges that different governments must assume when the health situation of the world has been overcome. Additionally, it is noteworthy that we have developed our proposal in the form of a package of measures to be taken. We do it not only from the world of law but also, from an interdisciplinary approach, in order to find an explanation for the failed policies assumed, as well as, to be able to overcome them. The great value, importance, and significance of our study are based on it.

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PROTECȚIA DREPTURILOR REPRODUCTIVE ALE FEMEII: ASPECTE TEORETICO-NORMATIVE

Author(s): Victoria Ţarălungă / Language(s): Romanian Publication Year: 0

Women's sexual and reproductive health is linked to multiple human rights, including the right to life, the right not to be subjected to torture and ill-treatment, the right to health, the right to privacy, the right to education and the prohibition of discrimination. Considerable global progress has been made in recent decades in the area of women's sexual and reproductive health and rights, and in eliminating related forms of discrimination, and the international community is at the forefront of these efforts. However, despite significant progress, the content and area of reproductive rights remain controversial and women continue to face spread denials and violations of their sexual and reproductive rights and health

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Jurisprudența Curții Constituționale – sprijin real pentru noua viziune a legiuitorului în materia administrării probelor în procesul civil

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

The right to a fair trial and settlement of cases within a reasonable time is a rule taken over by the Romanian constituent from the European Convention for the Protection of Human Rights and Fundamental Freedoms the ultimate purpose of which is to assure the quality of justice delivery, and effectively secure the fundamental right of free access to justice for the persons seeking justice. In civil proceedings, the judge draws conclusions and renders a judgment on the basis of the evidence produced in the case – da mihi factum, dabo tibi ius. The judge’s intimate belief as to the truthfulness of the facts presented relies on a correct and complete evidence production exercise, as well as on the value of the evidence thus produced. In the civil proceedings heard by the Romanian courts of law, evidence is usually produced in the written stage of such proceedings. The New Civil Procedure Code contains general provisions about the production of evidence which were not available in this form under the previous legislation. The law-maker rendered the exercise of a right conditional upon the effective exercise thereof within a certain period of time with a view to putting in place an indispensable climate of order, and thus preventing any abuses and protecting the rights and legitimate interests of the other parties, but without prejudice to the realization of the free access to justice

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LIMITELE COMUNICĂRII ÎN JUSTIȚIA NEGOCIATĂ

Author(s): Alexandru Sava / Language(s): Romanian Publication Year: 0

During the guilty plea negotiations, ensuring a real communication between the prosecutor and the defendant is essential, in order for the latter to fully understand the consequences of the deal. The presence of a lawyer is meant to facilitate this. Still, a certain psychological pressure on the defendant may exist while guilt is accepted as stipulated in the agreement. Because this procedure takesplace during the arraignment, the defendant may assimilate the act of being sent into court with settling a certain degree of guilt for him, perceived as bigger than it really is. There is even a risk for an innocent person to accept the deal, only to insure the application of favorable circumstances in his case.

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Impactul situației pandemice asupra relațiilor comerciale

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

The year of grace 2020 brought a unique situation for our society, in the context of pandemic situations never seen before by contemporaries. The danger of losing one's life but also the fear of the unknown has determined and continues to determine a state of insecurity that is fundamentally reflected in all areas of society. Of course, the sphere of trade could not be avoided, this very important area of the economy being severely affected by all the measures that have been taken to combat, limit and prevent the spread of the virus. Thus, the commercial contracts suffered, the non-executions of the contract being very common, just as the delays or non-conformities increased. Also effects on trade were the decreases in the number of transactions and the clientele that used the goods/services of traders, given the travel limitations and restrictions imposed during emergencies and/or alerts.

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Instrumente constituționale pentru gestionarea situațiilor de criză

Author(s): Grigore-Florin Popescu / Language(s): Romanian Publication Year: 0

The premise of this study is given by the pandemic of COVID-19, which determined the adopting of measures, at state level, which restricted fundamental rights and freedoms in order to protect public order and health. This article will show that the state has a constitutional nature duty to intervene actively through legal means commensurate with the existing danger in order to remove the imminent threats. Practically, it will be underlined that any restriction must pursue the protection of the general interest or the rights of other persons and must be necessary and proportionate to the need to do so. In this regard, references will be made to the exceptional situations, which are limitingly provided in the Romanian Constitution. One of these situations is the state of emergency, which was declared in our country in March 2020. A constitutionality issue proposed for approach concerns the competent institutions in this matter, in accordance with the principle of state powers separation and balance. It will also be shown that the idea of constitutionality is not limited to the regulation in the Fundamental Law of exceptional situations and measures intended to return to normality, but it also involves verifying the compatibility with the Constitution of normative acts enacted in specific circumstances. In this respect, will be highlighted the control exercised by the Constitutional Court over the laws and ordinances of the Government during the health crisis, which either confirms constitutional validity or reveals defects of unconstitutionality and provides the guidelines for remedy

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

Author(s): Dumitru Dobrev,Adriana Arseni / Language(s): Romanian Publication Year: 0

The study presents the legislation on requisitioning of goods in Romania, the way it passed the pandemic test and the different case-law solutions that were generated by the application of this law as well as de lege ferenda proposals as a result of the COVID 19 pandemic.

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Sancţionarea organizării evenimentelor sportive în perioada stării de alertă

Author(s): Adrian-Milutin Truichici,Luiza Neagu / Language(s): Romanian Publication Year: 0

Compliance with the law is mandatory, but a subject of law cannot be required to comply with a law that is not clear (regarding the unequivocal nature of the object of regulation), accurate (with reference to the accuracy of the chosen legislative solution and the language used) and predictable (on the purpose and consequences it entails), as he cannot adapt his conduct to the normative hypothesis of the law. One of the requirements of the principle of compliance with the laws concerns the quality of normative acts, therefore, any normative act must meet certain qualitative conditions, respectively to be clear, precise and predictable

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

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

The COVID-19 pandemic has fundamentally changed the global pace, leaving strong marks especially on the economy, people and interpersonal social relations. Faced with an exceptional situation, EU Member States have put in place exceptional measures to combat the pandemic, including by restricting fundamental rights and freedoms, to protect the public health. In order to limit the effects of COVID-19, EU states have restricted non-essential cross-border travel. The effects of restricting free movement have severely affected Member States' economies and decision-makers have sought the best solutions to speed up their recovery. Initiated by the European Commission, the idea of implementing for EU citizens a standardized document dedicated to facilitate a safe free movement during the COVID-19 pandemic has progressed from the European Electronic Certificate to the EU Digital COVID Certificate, passing through numerous filters, receiving adjustments and improvements. Presented by the Commission as a necessary tool for reaffirming freedom of movement within the EU and reviving the economies of EU states, the EU Digital COVID Certificate must respect fundamental rights and freedoms, including the ones regarding the processed data and their protection. This scientific study will identify both the safeguards and the data protection risks of the EU Digital COVID Certificate, analyzing the context, the technical measures on data security, as well as the operations on collection, registration, organization, structuring, storage, extraction, consulting, using, restricting, deleting or destroying the data collected.

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Implicațiile pandemiei COVID 19 în domeniul prelucrării datelor cu caracter personal

Author(s): Alexandru Georgescu / Language(s): Romanian Publication Year: 0

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

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Efectele pandemiei Covid-19 asupra Codului penal

Author(s): Cornelia Vladu / Language(s): Romanian Publication Year: 0

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

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Între pandemie și drept: unele schimbări ale vieții în penitenciar

Author(s): Lorena-Mihaela Zidaru / Language(s): Romanian Publication Year: 0

The outbreak and spread of the COVID-19 virus confronted prison services daily with new challenges especially because these services are dealing with closed environments and this makes it especially difficult to provide for the right care for both prisoners and staff working in prisons. In this context it was highly important to tackle the newly arisen issues in the best possible way, choose the optimum approach and measures to keep the situation as much as possible under control and adjust to the changes in a fast, decisive and balanced rhythm.

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

Author(s): Aura Preda / Language(s): Romanian Publication Year: 0

The paper presents the Impact of the sanitary crisis generated by the Covid-19 pandemic at the level of the Romanian penitentiary system, respectively in various types of penitentiary units: penitentiaries, penitentiary hospitals, detention centers and educational centers.

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Pandemia în mediul carceral

Author(s): Crina-Bianca Vereș / Language(s): Romanian Publication Year: 0

International human rights law guarantees everyone the right to the highest achievable and mandatory standard of health and obliges the governments to take measures to prevent threats to public health and to provide medical care to those who need it. In the context of the SARS-CoV-2 pandemic, regarding the problem of overcrowding and poor hygiene conditions in prisons, an analysis is required that brings to the forefront possible compliance with generally binding rules imposed internationally. the study proposes to highlight the impact of the pandemic in the prison environment

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

Author(s): Delia Magherescu / Language(s): Romanian Publication Year: 0

Developing rapidly new forms of criminality is usually based on several premises, which together concur within a common framework, having their own definitively features. This framework is most of the time characterized by the new tendencies of changing mechanisms in particular areas of activity. These features have prevalently met with the aspect of delimiting new forms of criminality, which have been highlighted and developed in the context of social changes as well, they being produced by the pandemic crisis caused by the SARS-CoV-2 virus. In the current article, the new forms of criminality which were committed during the period of two years from the pandemic to nowadays will be discussed, along with the serious forms of criminality which, although do not have achieved new feature, have been developed on the current crisis. This paper approaches the topic from the point of view of the forensic investigation of the new forms of criminality, the analysis being insisted on the particularities which feature such a technical, scientific and methodological approach, belonging to forensic science. All these aspects will be taken into account from the perspectives of opportunity and necessity of the forensic investigation in this area of research.

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Jurisdiction of the Court of Justice of the European Union on implementing monetary policy. Case-law analysis

Author(s): Mihaela Tofan / Language(s): English Publication Year: 0

The paper presents the arguments of the Court of Justice of the European Union (CJEU) in case Dietrich (C-422/19) and case Weiss (C-493/17), which concern the analysis on the compliance of the national law and regulations adopted by the European Central Bank (ECB) with the primary sources of European law (Treaty on the Functioning of the European Union - TFEU) and with the mandatory rules of the Statute of the European System of Central Banks (ESCB). Pending disputes, both in Germany, have reopened the subject previously discussed in the case Gauweiler (C-62/14), concerning the adoption of rules alleging that monetary policy limits have been exceeded and that the ban on monetary financing has been infringed (Article 123 TFEU). In the case Dietrich CJEU examined the concept of means of payment accepted in the euro area, in the case Weiss there is an analysis on the program of acquisition of the public sector in secondary markets, formally adopted and implemented for more than three years, while case Gauweiler verified the conformity of the program for the purchase of government securities issued by euro area Member States. The paper reveals the competence of the CJEU to verify the rules by which monetary policy measures are implemented and it proves the extension of the EU monetary policy effects outside the euro area, through the influence of the CJEU jurisprudence in the legal system of all Member States.

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Considerations for the "Digital Single Market"

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

With the Communication from the Commission, entitled "Single Market Act" of 2010, on the Europe 2020 Strategy, the issue of the internal market is relaunched by the European Union institutions. The field of progress of the internal market is oriented towards the digital single market - PUD. The European Union is thus becoming a digital player, which means for the Member States a transformation and adaptation to the information society. A key role in the completion of the digital internal market is played by the Commission, which has tabled numerous legislative proposals since 2010, in parallel with the European Parliament, which has adopted a number of resolutions to this effect. In the context of these regulatory concerns, many questions are emerging about how the digital single market responds to the needs of citizens, businesses and beyond.

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North Macedonia looking for the “best electoral geography” for the parliamentary elections-controversies and perspectives

Author(s): Jeton Shasivari / Language(s): English Publication Year: 0

The right to vote is a constitutionally guaranteed right of citizens to elect representatives and to be elected to the representative bodies of a given state. As a subjective public right, the right to vote is a way of indirect participation of citizens in the political life of the state. The main difference between the electoral models, which in itself is based on the legal and political dilemma of which electoral model is best, is directly related to the proportionality of the election results. In this regard, proportional electoral models more reliably reflect the political mosaic of a given society within its parliamentary structure. Therefore, in the electoral literature, it is usually emphasized that the ratio between the votes and the mandates won is provided more in the proportional electoral models than in the majority electoral models. However, the main dilemma is related to the research question of how proportionate is the proportional electoral model and what are the main factors that affect its proportionality. Therefore, with this paper author by explanation of the electoral system of North Macedonia, using: legal interpretive methods, statistical and comparative methods as well as the method of simulating of the election results with one constituency of the last five parliamentary elections in this country (2008, 2011, 2014, 2016 and 2020) held according to the proportional electoral model with six constituencies, will focus on the specific analysis of recent requirements of small political parties for reforming the electoral system with a single constituency, analyzing the advantages and disadvantages of such an electoral reform, taking into account the lessons from the experiences of countries in the region such as: Kosovo and Serbia that implement this electoral system.

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