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Irrespective of whether it is applied directly or indirectly to the contravention, the obligation to perform an activity for the benefit of the community cannot be considered forced labor because the necessary conditions are not cumulatively fulfilled, without the condition of threatening a sanction. In the case of performing an activity for the benefit of the community, there is no threat with any sanction if the obliged one does not perform the activity for the benefit of the community. In any case, if the obligor refuses to perform the activity for the benefit of the community, these sanctions are replaced by the sanction of the fine, but what is essential is that the sanction of the fine imposed as a result of the replacement is not the direct consequence of the refusal to provide activity for the benefit of the community. it is the consequence of its contraventional liability for the offense committed.
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The Romanian Ministry of Education and Research has recently issued an official communication addressed to higher education institutions organizing doctoral university studies, which informed them that the database in which all the doctoral theses defended since 2016 are indexed is to be made public. This communication, after mentioning the protection of personal data in the context of the publication of the doctoral theses and the possibility of the data subject to oppose the data processing for well-founded reasons, states that the reasoned refusal must be submitted until 23 March 2020 to the higher education institutions where the doctoral thesis has been publicly defended. Thus, at first sight, former doctoral students could prevent the publication of the digital form of their thesis on the online national platform relying on the right to object under Article 21 of the General Data Protection Regulation. However, as we will conclude from the analysis of the incident legislation, the option not to have the thesis made available on the national online platform has no basis in Regulation (EU) 2016/679, but in the Romanian Law on National Education and in the Law on Copyright and Neighbouring Rights.
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The pledge, as an administrative operation, is an extremely important formality met in administrative law practice, for the persons that occupy a public function or of public dignity. During the last 150 years, all the romanian Constitutions have stipulated the pledge, but, according to the form of government and political regime, its content was different. Here is why, in this paper, the established objective is to reveal the methods of Constitutional reflection of the pledge in the three state powers: legislative, executive and judiciary. Considering that, in administrative law there is almost a year of codification, this work also draws a brief panel on the pledge stipulated by the administrative Code, to have a better image on the examined theme. The conclusions I have gotten to at the end of the ample documented analysis done on the proposed subject, will be found in the last part of the paper.
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In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. Convention rights do not allow of any derogation. On a procedural level, the State availing itself of this right of derogation must keep the Secretary General of the Council of Europe fully informed. On 16 March 2020 the President of Romania decreed state of emergency on the territory of Romania in order to ensure the containment of the spread of SARS-CoV- 2 virus on the territory of Romania. The Decree includes the emergency measures of immediate and gradual application deemed necessary in order to limit the spread of the virus and ensure public health at national level. Some of the measures taken in this context involve derogations from the obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.
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Sometimes dramatic events are needed in order to change mindsets and create new paradigms. But when international and European signals set a clear trend towards modernizing justice and implementing information and communication technologies, change should occur by itself. In this study we try to clarify concepts, present experiences and raise awareness of decision-making authorities in the sense of abandoning the reluctant attitude towards the digitalization of justice system.
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During the state of emergency declared due to the pandemic triggered by the new coronavirus COVID-19, the social distancing and isolation imposed by the authorities could be translated through a more frequent use of the means of distance communication into the justice field, respectively the transmission by email of ordinary or electronically signed documents and also by using video conferencing in the criminal and non-criminal judicial process. Following this period, the decision makers will analyze to what extent the legislative framework can be expanded, so that, in conjunction with the most effective technical solution, to provide a complete regulation for the implementation of information and communication technology in the field of justice.
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Our health citizens is a fundamental priority of the European Union. Eurοрene Union health policy complements national policies to ensure that all people living in the Union have access to quality healthcare. In the past 10 years ambulatοry assistance in the fοѕt characterized by the emergence of new structures: hospital outpatient departments, ambulatory specialist. When discussing a healthy society is envisaged that societatea.Human health that make human life with physical integrity, freedom, constitutes a social value of great significance.
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Alternative methods of dispute resolution gives individuals a greater opportunity to resolve conflicts, these methods have emerged from ancient times, both in practice and in theory talks about alternative methods of conflict resolution. Alternative methods which we have characterized the work time are: mediation; negotiation; conciliation and arbitration.
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Mediation as an alternative has emerged as a necessity is known that crowding courts in Romania affects the entire judicial system, that apparently simple processes are delayed beyond reasonable limits and court decisions often come too late for litigants. Given that traditional means of conflict resolution have become scarce and hard to navigate, that courts are choked by heavy workloads for which final settlement may be extended during some years and pronouncing a sentence can lead to most times, the worsening conflict between the parties and not to diminish them, should apply concrete solutions, alternative to justice, to reduce economic and social costs involved an ongoing process. Moreover, and more than ever necessary to meet that demand ,, and need a different kind of justice. "
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Principle of peaceful settlement of international disputes and means of resolving concrete developments are the result of a long historical relations between states and the development and improvement of institutions and norms of international law. There are numerous ways of managing conflicts and resolving them, which focuses the very least very coercive. Thus conflicts can be avoided, exhausted, negotiated, arbitrated, awarded, rezulvate through legislation, through political action or violent force. Collectively - international dispute - these contradictions of interests, some based on as legal, others called smart policy based on various claims without contestation of law, often led to violent clashes with the track of the worst on the balance of international and so lackluster.
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Following mediation, the parties to whom it is invoked against a final court decision, passed under the force of res judicata, may agree by agreement, on completion, to supplement the obligations and rights of their opposable determined by the court after judgment, and on change in the way of bringing them to fruition, if there is no legal impediment, not affect the rights and legitimate interests of any third party, their understanding is not contrary to law or morality. If these conditions are met, the competent court, can only take note of the parties' agreement, and to exempt expedient to give judgment in the device containing his mediation agreement. The situation shown below, has endorsed the legality given by the court, by a judgment expedient, became final.
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This paper is intended for teachers who said that mediation is a beneficial method of resolving conflicts, they try to practice as much as possible and know this method in conflicts pupils whom have education and training in conflict resolution .. between students, teachers want to develop their ability to communicate, to remove possible labels put between students by herself or teachers, to diminish its judgment that and do each other to bring the atmosphere group a state of equilibrium and peace. Teachers say that every conflict of the students it considers a fact that can be educational and constructive, contributing to the educational process
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Dne 17. května 2017 byla schválena směrnice Evropského parlamentu a Rady (EU)2017/853, kterou se mění směrnice Rady (EHS) 91/477/EHS o kontrole nabývání a drženízbraní. Cíle zmíněné směrnice byly vládou České republiky zapracovány do návrhu zákonao zbraních a střelivu. Tento článek se zabývá dopadem změn zákona o zbraních a střelivuna práva a povinnosti držitelů zbraní v České republice se zaměřením na soukromoprávnídopady navrhované právní úpravy nabývání a držení zásobníků do střelných zbraní.
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V článku je pojednáno o problematice znaleckého dokazování se zaměřením na specializaci„Sebeobrana“ a „Použití zbraně“. Autor prezentuje zkušenosti s orgány činnými v trestnímřízení z hlediska uvedené specializace, včetně forem a metod odborného dokazování.Důraz je kladen na analýzu nejčastěji pokládaných dotazů a uváděných názorů orgánůčinných v trestním řízení směrem k uvedené problematice.
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V uvedenom článku sa autorka snažila prezentovať historický vývoj elektronickéhomonitoringu osôb v Spolkovej republike Nemecko. Skúšobný model elektronickéhomonitoringu osôb bol povolený v roku 2000 ako pilotný program a zaviedli ho v dvochspolkových krajinách – Hessen a Baden-Württemberg. V roku 2011 sa do nemeckéhoTrestného zákonníka zaviedol Elektronický monitoring pobytu v rámci ochrannéhodohľadu. V Spolkovej republike Nemecko nie je trest domáceho väzenia zakotvenýv systéme trestov, ako je tomu napríklad v Slovenskej republike a v iných krajinách EÚ.
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Though a constitutionally recognized right to same-sex marriage remains the global minority view, in June 2019, Ecuador became the 27th country in the world to recognize this right. Following a binding advisory opinion issued by the Inter-American Court of Human Rights (IACHR), the Constitutional Court of Ecuador (CCE) reinterpreted the Constitution of Ecuador to ensure that same-sex couples be granted the same title, rights, and benefits as their married heterosexual counterparts. The IACHR’s advisory opinion focused on three elements: the developed trend for the interpretation of global laws, the relevant provisions of the American Convention on Human Rights, and the positive obligation of member States derived from the interpretation of these Convention provisions. This article will analyze these elements and discuss the extent to which the CCE relied on the IACHR’s interpretations to arrive at its holding.
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