Ascensiunea roboților, o cutie a Pandorei?

Author(s): Andreea Verteș-Olteanu / Language(s): Romanian Issue: 1-bis/2018

The science of robotics carries in itself the promise (or threat) of a new civilization. However, the notion implies a complex reality and defining the term “robot” may prove to be a rather delicate operation, a Pandora’s box. Androids, drones, vacuum cleaners, intelligent refrigerators and cars, all constitute an extremely different robotic reality which can be differentiated by means of their nature, autonomy, scope of application and, especially, the type of relationship they are likely to have with the man. Robotics constitutes an economic lever capable of profoundly modifying the existing legal model. This article attempts to address some of the areas of law that may be affected, with increased attention to intellectual property, the protection of copyright on works of art produced by creative robots, the differences between assistant-robots and autonomous-robots and the copyright holders for robot creations.

Dreptul la Internet de mare viteză, principiul „net neutrality”, Directiva europeană cu privire la drepturile de autor în domeniul pieţei digitale unice şi impactul acestora asupra dreptului la informaţie

Author(s): Codruta Mangu / Language(s): Romanian Issue: 1-bis/2018

This paper aims to analyze the impact of the right to broadband, the principle of "net neutrality" and the content of art. 11 and 13 of the Directive on Copyright in the Digital Single Market have on the right to information for European citizens. In this respect, we will notice that, while the right to broadband and the principle of "net neutrality" positively influence the right to information, potentiating a more efficient access to it, the provisions of art. 11 and 13 of the Directive on Copyright in the Digital Single Market appear to have a negative impact on the right to information, thus a limitation of it.

Regimul de supraveghere prin intermediul Internetului și drepturile fundamentale

Author(s): Carmen Moldovan / Language(s): Romanian Issue: 1-bis/2018

The paper aims to analyze the effects that the regime of mass surveillance may have on the protection of fundamental rights (in particular the right to privacy and freedom of information) by intercepting communications, exchanging information with foreign governments and obtaining information from service providers, issues analyzed in the most recent judgment of the European Court of Human Rights - Big Brother Watch and Others v. the United Kingdom (September 13th, 2018).

Protecția copiilor în mediul online

Author(s): Ana-Maria Goldan / Language(s): Romanian Issue: 1-bis/2018

Lately, in Romania, more and more families have facilitated children's access to the Internet. This situation has brought besides opportunities for psycho-cognitive development, also risk factors that affect children's rights. The diversification of psycho-social and legal issues, in the context of the current technology's development, requires specialists from different fields to find ways to improve situations that endanger the well-being of the child and of the family. Therefore, the Romanian society, aided by the international organizations which fight for the children's rights, initiated a series of actions in favor of the latter, designed to draw attention to the need for protection in the online environment. This paper contains a detailed analysis of the current regulations in children's rights domain, and how the latter can be used to protect children in the online environment.

Protecția datelor cu caracter personal în activitatea farmaciilor online

Author(s): Ștefan Răzvan Tătaru / Language(s): Romanian Issue: 1-bis/2018

Personal data concerning health is included in the sensitive data category and its one of the most valuable personal data, considering the prejudice that might result from its illegal or unauthorized processing. In the context of the emergence and usage of online pharmacies for the purchase of pharmaceutical products, including prescription drugs, we aim to analyze the impact of the General Data Protection Regulation on electronic commerce with medicine. In the first stage of this study, we intend to emphasize the legal requirements that must be ensured in order for an online pharmacy to be allowed to market products in the state of origin and in the EU internal market. In the final stage of this study, we are going to analyze the data that is processed by an e-pharmacy as the controller, the purposes and the legal basis underlying the processing and the transfer of such data to third parties.

Egalitatea de tratament a bărbaților și femeilor în raporturile de muncă

Author(s): Dragoş Lucian Rădulescu / Language(s): Romanian Issue: 1-bis/2018

The institution of discrimination covers the differentiations made by means of applying unequal legal treatment regarding the acknowledgement of fundamental rights of individuals in comparable or different situations, excepting aspects referring to positive measures. The criteria applicable to discrimination have evolved within the framework of international law, being subsequently transposed in national law systems. The primary anti-discrimination laws are represented by the consolidated version of the European Union Treaty, of the dispositions of the Fundamental Rights of the European Union Charter; similar dispositions are also found in the European directives on this subject, especially 2002/73/EC and 2006/54/EC, as they include provisions regarding access to labour, promotion and professional development, wages, working conditions and social security. Regarding the national legislation, the special dispositions belong to Law no. 202/2002 on the equal opportunities of men and women, but also to the provisions of the Labour Code. The paper includes references to the possibility of employers to objectively justify discriminatory acts, inclusively applying CRDO jurisprudence on the subject.

Transferul transfrontalier de date cu caracter personal

Author(s): Horia Alexandru Modran / Language(s): Romanian Issue: 1-bis/2018

This study defines and explains the concept of transborder data-flow, addressing as well the problem of the transfer of personal data to third-countries in the context of the General Data Protection Regulation. Cross-border data transfer is one of the central and most important problems of data protection law. In the age of comprehensive networks, it is technically possible for a company to store its data in a foreign data center and, then, to retrieve and use it without any time delay. This possibility can be exploited by companies to circumvent national and European data protection laws by storing all important personal data in foreign data center. The need to ponder companies' interest in transferring data abroad with the data subjects' interest in protecting their own data has led to the adoption of a relatively complex regulatory framework. However, the transfer of data abroad continues to raise many problems, often generated by the legislator's difficulties to anticipate the various scenarios that may involve data transfers abroad and the different interpretation of existing rules by either authorities and practitioners.

Reflecții privind limitele dreptului de autor și utilizatorii Internetului

Author(s): Nicoleta Rodica Dominte / Language(s): Romanian Issue: 1-bis/2018

Since the first computer program created in the nineteenth century to the Internet era, the legal framework of copyright has been the subject of effervescent debates and changes to the legislation drafted around the idea of strengthening the protection by harmonizing the interests of authors with the interest of the people captivated by the literary, artistic and scientific works. The Internet is the virtual space where the content of the works can be disseminated to the public by modifying the support that is attached to the work without “losing the joy of reading”, the meeting with the artwork. On the other hand, the Internet facilitates the transformation of an original work into a derivative work by a user, often without the consent of the authors. In the article, we will analyze the convergence between the limits of copyright and Internet users, in the context of the emergence of new normative provisions.

Goods - As in Article 1, Protocol no. 1 of The European Convention on Human Rights

Author(s): Ana-Maria Brezniceanu / Language(s): English Issue: 11/2006

Le droit de propriété est un des droits fondamentaux de l'homme. Cet article le discute en partant du texte de la Convention Européenne des Droits de L'Homme et des arrêts les plus importants des dernières années.

Komparácia ochrany ľudských, občianskych a politických práv občanov v medzivojnovej Československej republike a vojnovej Slovenskej republike

Author(s): Tomáš Čentéš / Language(s): Slovak Issue: 2/2018

The subject of this article is the constitutional protection of human and civil rights in the Czechoslovak Republic and the Czech-Slovak republic and its comparison with the protection of these rights in wartime Slovak republic for a better understanding of how quickly and dramatically the dehumanization of a part of the population can be carried out despite its validity and effectiveness. Slovak Republic, which was established in 1939, was created by the dissolution of Czech-Slovak Republic. Czechoslovak Republic, as one of the countries which have arisen on the ruins of the former Austria-Hungary Empire, was a modern country, democratic, respecting the main principles of the rule of law and equality of all its citizens before the law of the Republic. The purpose of my short article is to try to explain in a simple way the fact that in the Slovak Republic was created an anti-Jewish legislation, but not as a result of some coincidence and pressure from abroad, but that it was a result of thoughtful and pure rational calculation at the origin of the Slovak Republic, and this calculation was fully reflected in the new Constitution and other legislative adopted in summer 1939 and later.

The Capacity of the Administrative Court in Serbia to Deal with Asylum Cases

Author(s): Marko Davinić,Ivana Krstić / Language(s): English Issue: 4/2018

This paper explores the capacity of the Administrative Court in Serbia to adjudicate asylum cases, which have been in its jurisdiction since the Court’s establishment in 2010. The analysis of its asylum case law is divided into three phases, based on both temporal and substantive criteria. It demonstrates that the best period in handling asylum cases was 2014–2015, during which judgments of the Court significantly improved the decision-making of administrative authorities. Nevertheless, this research has identified several issues that have negatively influenced the work of the Administrative Court in the field of asylum law: the Court’s excessive inherited caseload, the influx of new claims, a small number of asylum related cases, the insufficient number of judges, the extremely broad jurisdiction of the Court, as well as a lack of specialized panels within the Court. The last problem is identified as the major one and the authors propose concrete steps that should be undertaken in order to increase the capacity of the Administrative Court to deal with asylum cases. Lessons learned from Serbia, as a country in the middle of the Western Balkan migration route, can be useful for all other countries along it.

RESPECTAREA DREPTURILOR OMULUI ÎN PROCESUL PENAL. CONSIDERAȚII PRIVIND EXPERTIZA JUDICIARĂ ÎN MATERIE PENALĂ ÎN LUMINA EXIGENȚELOR CEDO

Author(s): Alexandru Peicea / Language(s): Romanian Issue: 37/2019

Expertise represents a particularly important probative process in criminal law. The judiciary is obliged, when it deems it necessary, to appeal to experts to clarify certain aspects of the case in order to observe both the principle of the truth and the principle of the right to a fair process. The Code of Criminal Procedure, which came into force in 2014, complies, in principle, with the ECHR's requirements regarding the administration of evidence with expertise, however, by adopting O.U.G. 18/2016 have been introduced in the above-mentioned normative act provisions that flagrantly violate the principles enshrined in the European Convention on Human Rights.This paper aims to address the existing provisions in the Code of Procedure and to show to what extent these provisions respect the requirements of the European Convention on Human Rights.

SHORT CONSIDERATIONS REGARDING THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE REVISED EUROPEAN SOCIAL CHARTER

Author(s): Marta-Claudia Cliza,Laura-Cristiana Spătaru-Negură / Language(s): English Issue: 2/2018

The present study started from our wish to present to the large audience the economic, social and cultural rights enshrined in an international legal instrument, adopted by the Council of Europe, instrument that is not very under scrutiny by the specialists. The revised European Social Charter completes the Convention for the Protection of Human Rights and Fundamental Freedoms, and should be interpreted as creating fundamental economic, social and cultural rights. Although contested sometimes, because of its construction, as having a limited purpose, different than the Convention for the Protection of Human Rights and Fundamental Freedoms, we consider that it was conceived like this in order to offer flexibility, giving the chance to the states to choose the rights they will guarantee. We consider that disseminating the revised European Social Charter would increase the domestic reforms in the social area and would facilitate the insurance of the economic, social and cultural rights specified under this instrument, in order to improve the level of life and to promote the social welfare of the member states of the Council of Europe.

JUDICIAL ERROR. NOTIONS OF COMPARATIVE LAW

Author(s): George Mara / Language(s): English Issue: 2/2018

Due to recent changes in the field of the judicial error regulations, that lead to a new definition of the concept and to the creation of a dual system of liability for the damage caused through a judicial error (on one hand, an objective liability of the State and, on the other hand, a personal liability of the magistrate), the paper aims to reflectthe potential impact these new regulations can cause in the field of the judicial activity. The solutions for which the lawmaker opted will be analysed, by comparison with similar regulations that exist in various European law systems (which represents also a source of inspiration for the law making process) and proposal will be made, in order to ensure an effective and uniform law application. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.

THE GUARANTEE OF THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY IN ROMANIA - SELECTIVE ADMINISTRATIVE ASPECTS

Author(s): Cătălin-Radu Pavel / Language(s): English Issue: 2/2018

The present study aims to analyse the selective administrative aspects regarding the granting of the right of a person aggrieved by a public authority in Romania. The right of a person – natural person or juridical entity – aggrieved by a public authority in Romania is regulated by the Article 52 of the Constitution of Romania. Therefore, this fundamental right which guarantees also the right of the players in economy, being granted at the Constitutional level, ensures a good administration of the rule of law and grants a safety of the economic and business climate in Romania. It is granted the fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and the repair of prejudice, respectively. The liability of the Romanian State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted the juridical, constitutional and administrative ways of defence for the natural person or juridical entity – aggrieved by a public authority in Romania.

Ljudska prava u pravnom sistemu Srbije

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2018

Posebna prava

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2018

Ljudska prava u primeni – odabrane teme

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2018

Zaštita i ostvarivanje prava pojedinih kategorija stanovništva

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2018

Dodatak

Author(s): Author Not Specified / Language(s): Serbian Issue: 1/2018