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Legislaţia educaţiei. Între reformă şi interes, între viziune de dezvoltare şi tradiţii retrograde

Author(s): Gabriel-Liviu Ispas / Language(s): Romanian Issue: I/2013

The development of a society cannot be thought of without an evolution of the educational system. In a globalized world, where the values have a well-defined competitiveness scheme, the development of a nation is conditioned by the promotion of quality education, by the search for and the promotion of talent. Romania, a country that has assumed its presence in the European space, has been struggling for 20 years in attempts, always unsuccessful, to give the educational field another image and another substance. Legal regulation is, in this case, a mandatory condition. In this study I will analyze the impact of legislative policies in education, the realities of the Romanian school, viewed from the perspective of legal norms and through the practice of the courts.

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Obligaţia cunoaşterii legii – prezumţie sau ficţiune juridică ?

Author(s): Emilian Ciongaru / Language(s): Romanian Issue: I/2013

The legislature, entitled as such to bring forward the law, shall find the most appropriate expression in the legal language, in the content of legal norms and the manner this language is perceived by those to whom it addresses. In this respect, it makes use of certain specific procedures for bringing forward legal rules, procedures whose purpose is to explain and express as clearly as possible the legal rules it decides upon. The most important proceedings used by the legislator are presumptions and fictions. The presumption considers that something is true, without any evidence and without proving its existence and the fiction is a certain process of the legislator or the judge by means of which a fact is deemed to exist or to be established although it does not actually exist neither has it really been established. The most important presumption one can operate with is the presumption to know the law upon its publication, an presumption otherwise considered to be conclusive, unlikely to be challenged by anyone and under no circumstances. This presumption can have hard and undesirable effects in so that the individual called to account for the violation of law can bring evidence to testify he was actually in the effective impossibility of knowing the law. Therefore, a law comes into force within three days upon its publication and this term is usually not enough for disseminating and supporting the idea that laws are known by the majority of those interested. Through the legal rules established, the state guarantees the fundamental rights and freedom of citizens but it cannot be able to guarantee the fact that all the addressees of legal rules shall know these rules and they shall not be violated. In this respect, knowing the law can fulfil the requirements for passing from the concept of presumption to that of legal fiction.

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Unele consideraţii privind impactul dreptului francez asupra celui românesc, în contextul formării României moderne

Author(s): Andrei Tinu,Cătălin Boboc / Language(s): Romanian Issue: I/2013

In the 19th century take splace not only the establishment of the independent Romanian State, but also the founding of various juridico-instituţional principles of its functionng. It is the century when the small nations are trying to break away from the domination of the Great Powers. France is the country that best felt the need of the under privileged of Europe, acting accordingly. The Romanian people had France’s attention directed towards them France paid heed and protection to the Romanian people, while their law, culture and administration used the patterns provided by Paris. It is known that Muntenia and Moldova, the two Romanian countries who chose to “walk” the same path, starting with 1859, had elite who benefited from a western formation, especially in France. As a consequence, impregnated with the innovative ideas of the French revolution in 1789, people such as Nicolae Balcescu, Mihail Kogalniceanu or Ion. C. Bratianu were at the fore of the Pasoptist revolutionists and later at the fore of the founding fathers of the Romanian state.This study attempts to analyse, from a historical and institutional perspective, the impact of the French law on the Romanian one, as we find it in the main juristic documents of the first seven decades of the 19th century. The study cannot and attempts not to cover all the French elements in the Romanian legal system, which is ascertained to be a mere copy of the original pattern, the purpose of the authors being to synthesize the most important information regarding the way the legal system of a Great Power is reflected upon a state in its incipent stage.

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Protecția penală a libertății în România și în Franța

Author(s): Andra Iftimiei / Language(s): Romanian Issue: II/2014

Being a fundamental principle, the individual freedom presents the practical relevance of a double analysis, both from the constitutional and penal point of view (taking into consideration both the substantial and the procedural components) as the expression of the tight links between the two law domains, the mentioned links being a part of the premises of both Romanian and French criminal law constitutionalization.The analysis of the constitutional case law’s applications? Helps creating a complex framework for understanding the concept of freedom and the identification of the correspondences between the constitutional value and the mean of penal protection, from the comparative law perspective has the role to emphasize the similarity between the two criminal legislations.

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Regimul juridic al servituţilor din perspectiva dreptului privat comparat

Author(s): Smărăndiţa-Elena CIUDIN-COLŢA / Language(s): Romanian Issue: II/2014

This paper work deals with the way that legal rules, concerning public property, mix with those concerning private property, in such a way that the art of living in cities located in the European cultural space, could be improved in the most harmonious way. We shall analyse the characteristics of the servitudes, whether they are applicable under private law rules, or as limits that have to be obeyed by individuals when concerning the public domain. Property rights are stipulated by the modern Civil Codes, most of them being inspired by the Napoleonian Civil Code. Romanian Civil Code from 1865 stipulated that property rights refer to the aptitude of enjoying and disposing of goods in an exclusive and absolute manner, but respecting the boundaries established by law. We shall analyse the definition of „servitude” from the French Civil Code, emphasizing the meaning of the „destination du père de famille” principle, the tigni immittendi and oneris ferendi servitudes, urbanistic servitudes. The second chapter deals with servitudes, as they are classified by the Swiss Civil Code, pointing to the role of civil servitudes established in case of collective ownership (propriété par étages- P.P.E.). Nevertheless, we shall focus on the Romanian legal rules regarding servitudes.

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The Arrival of Romanian Cases before the Court of Justice of the European Union

Author(s): Gabriela Alexandra Oanta / Language(s): English Issue: II/2014

The European Union’s juditial system is formed by the Court of Justice, the General Court and the specialized courts. As a European Union’s Member State, Romania is one of the beneficiaries of this judicial system. The judicial practice of the Court of Luxembourg shows how, during the seven years of Romania’s membership to the European Union, this State has participated in various cases as both claimant and defendant – either individually or jointly with other European Union’s Member States -; or Romanian private individual (natural or legal persons) have come to the Court of Justice of the European Union; or the Romanian national courts have raised preliminary ruling to the Court of Justice of the European Union concerning the interpretation of the European Union law or on the validity of acts adopted by the European Union’s institutions. In order to examine the relationship between Romania and the Court of Justice of the European Union since this State has adhered to this international organization, the present paper will be divided into two main parts: in the First Part, we will briefly address an approach to the types of competences of the Court of Luxembourg from which Romania could benefit as a Member State of this organization. And we will devote the Second Part of this paper to a study of the jurisprudence that already exists starting 2007 regarding Romania.

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Securitatea cibernetică, prioritate absolută a prezentului

Author(s): Adriana Camelia Voicu / Language(s): Romanian Issue: II/2014

We live in a world that still have coordinates hard to fix because the overall condition of the states and nations is of pronounced nervousness and anxiety exacerbated by major disputes and confrontation between great powers. We are witnessing the setting up of political seasons, the dissolution of systems of power characterized by tyranny and despotism under the pressure of opposing forces and a new configuration of geopolitics. Modern information and communication technologies exercise a tremendous pressure on companies, starting with the most developed and ending with the emerging ones, the consequences are obvious in terms of the philosophy of the organization and functioning of economies, policies and their cultures. In such a context, it is imperative to develop a culture of cyber security, which that users of the IT and communication systems need to acquire; they must be informed about the risks, threats and vulnerabilities in this area, as well as about solutions against them. In this context the EU has adopted a policy on the fight against cybercrime due to the growth of computer crime and the involvement of organized crime groups in cyber crime and cyber attacks targeted to cyber infrastructure of Member States.

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Convenția de la Haga asupra legii aplicabile trusturilor și recunoașterii lor

Author(s): Anemari OPRIŢOIU / Language(s): Romanian Issue: II/2014

Lucrarea de față își propune să facă o analiză practică asupra a ceea ce este numită legislația internațională în materia trusturilor: „Convenția de la Haga asupra legii aplicabile trusturilor și recunoașterii lor”. Convenția a fost adoptată în anul 1985 fiind considerată una dintre cele mai importante opere de armonizare a dreptului privat la nivel internațional în primul rând datorită faptului că prin intermediul ei s-a încercat armonizarea nu doar a unor legislații diferite dar și a unor sisteme de drept diferite: cel de civil law și cel de common law. Scopul convenției nu a fost acela de a introduce în țările de civil law o reglementare a trustului ci doar să ofere practicienilor în drept și judecătorilor din aceste state a unui mecanism care să le faciliteze înțelegerea acesteia. Țările civiliste, neavând reglementată în dreptul lor intern instituția trustului, nu au nici reguli de drept internațional privat referitoare la această instituție, iar modificarea normelor de drept internațional privat pentru a introduce noțiunea de trust poate fi o chestiune dificilă. În acest context Convenția de la Haga asupra legii aplicabile trusturilor și recunoașterii lor a venit în ajutorul statelor cu sistem de drept civil, tocmai prin oferirea unor norme conflictuale aplicabile în cazul trusturilor, acesta putând justifica interesul manifestat de statele cu sistem de drept civil în adoptarea Convenției. Prezentarea și analiza dispozițiilor Convenției se poate dovedi utilă în procesul de înțelegere a mecanismului trustului și a modului în care aceasta instituție este reglementată la nivel internațional.

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QUANTITATIVE METHODS IN THE STUDY OF LAW - JURIMETRICS

Author(s): Carmen Silvia Paraschiv / Language(s): English Issue: III/2015

Jurimetrics is used for denominating a conceptual and methodological framework that comprises the totality of principles, methods and techniques, applied for the quantitative measurement of the characteristics of legal texts and their effects. Juri and metrics designate the concept of measurement as a modality of knowing the syntactic and semantic differences between legal texts, as well as the measurement, with the help of quantity indicators, of the anti-entropic effects of the legal texts.

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THREATS TO CYBER SECURITY

Author(s): Ana Maria Tudor / Language(s): English Issue: III/2015

The rapid development of modern information technologies and communications-the sine qua non of the information society-building has had a major impact on the society, marking true mutations in the philosophy of economic, political and cultural life, but also on the everyday lives of individuals. Basically, at present, easy access to information and communication technology is one of the prerequisites for the smooth functioning of modern society. Cyberspace is characterized by the absence of borders, dynamism and anonymity, generating both alike, knowledge-based opportunities for the development of the information society and risks to its operation (at the individual level, state and even cross-border manifestation. More a society is computerized, the more vulnerable it becomes and ensuring the security of cyberspace should be a major concern of all actors involved, particularly at the institutional level, where the focus is the development and implementation of responsible policies in the field.

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THE ROLE OF REGULATORY AUTHORITY IN THE ENERGY SECTOR

Author(s): Ovidiu Joiţa / Language(s): English Issue: III/2015

A functional energy market in the absence of a regulator cannot exist; therefore the first condition is the establishment and the existence of this body. An independent functional and regulatory decision-making is the second condition. Both fail and is not sufficient in itself for the functionality of the energy market. The rules of law in force can give some possible solutions, such transparency which would lead to a regulatory body’s efficiency in energy.

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NEW DIMENSIONS OF THE BIOETHICS EMERGING FROM THE ANALYSIS OF THE ABORTION PHENOMENON. CONSEQUENCES ON CRIMINAL LAW PROVISIONS IN REFERENCE TO ABORTION

Author(s): Elena Ancuta Franţ / Language(s): English Issue: III/2015

Over the centuries, abortion was the source of intense debates. Since, in present-day, bioethics tends to manifest intense influence over the areas that challenge the essential rights of individuals, including the right to life, we believe it is very important to analyse abortion from bioethical perspective. The approach that we make illustrates the difficulty of using traditional methods in the analysis of abortion from a bioethical view. The abortion issue is unique because it is based on a unique type of relationship, namely the relationship between a pregnant woman and the foetus. In these circumstances, we must accept that all the conclusions that can be drawn with regard to abortion on bioethical field can only be unique. Thus, bioethics can accept abortion if conditions are created to prove that, as a rule, states value each individual and encourage people to have children. When applying this idea in criminal law it results in justifying the decriminalization of abortion in small stages of pregnancy.

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FORENSIC INVESTIGATION OF FORGERY IN DOCUMENTS AT NATIONAL AND EUROPEAN LEVEL

Author(s): Ioana Mirela Mirea / Language(s): English Issue: III/2015

The article presents some aspects forensically dealt with, offence of forgeries, by reference to each individual offence, whether it is committed at national or European level. Further, we present the way of conducting the forensic investigation of documents, in order to identify its perpetrator.

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A FEW CONSIDERATIONS ON THE USE OF INTERNET IN RELATION TO TERRORIST ACTS

Author(s): Adrian Cristian Moise / Language(s): English Issue: III/2015

Terrorist attacks committed in the cyberspace represent a category of offences in the cyberspace, which refer to the abuses committed on the information and communication technology, this phenomenon being known also as cyberterrorism. In this study are analysed the most important legal instruments at European level in the field of prevention and combating terrorism: Council of Europe Convention on the Prevention of Terrorism and the Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism which has been amended by the Council Framework Decision 2008/919/JHA of 28 November 2008. In relation to the express regulation of the use of Internet in relation to terrorist acts, here are presented the best examples within the two regulation areas existent at present in the literature: computer-related terrorist attacks and illegal content. Moreover, in this study is analysed from the point of view of Social Learning Theory the way in which Internet network is used to develop terrorist activities.

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Deciziile prim-ministrului privind revocarea şefilor instituţiilor subordonate. Limitele impuse de lege şi de doctrină

Author(s): Andrei Tinu / Language(s): Romanian Issue: IV/2016

The Government’s role, seen as one of the most important public authorities in Romania, as the main institution with executive branches of power, is twofold: political and administrative. Political, as it functions based on winning a confidence vote from the Parliament, and administrative, because its most important role is to manage the public administration sector. The Romanian Government’s structure is determined by its Constitution, which establishes that it is comprised of a prime minister, which leads it, as well as ministers and other legally appointed members [3]. When speaking of administration on a national level, apart from ministries, there are other specialised central public institutions some of which are managed by the prime minister, through his office, and others through the ministries.This study analyses the process in which the leaders of these central public administration institutions, which exercise office[4] , whose title is secretary of state or sub-secretary of state, are chosen and dismissed from office. This research wishes to shed light on the untrodden road of case law courts in Romania, concerning the border between the discretionary power which the Prime Minister has in evaluating the decision of the dismissal of dignitaries and the excess of power, as defined in the Law of administrative contentious matters[5].

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Norma şi cibernetica juridică

Author(s): Titi Paraschiv / Language(s): Romanian Issue: IV/2016

The article studies the logical process of establishing the norm, from the juridical cybernetic perspective. The normative activity is a technical activity that is accomplished by a technician, that is a lawyer knowledgeable not only the juridical system, but juridical cybernetics as well, instruments required by a good regulation activity.

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Funcţia reglatoare a subsistemului juridic

Author(s): Carmen Silvia Paraschiv / Language(s): Romanian Issue: IV/2016

The article analysis the regulation function of the law system as a subsystem of the social system that is considered from the cybernetic-juridical perspective. From this point of view the social system is a dynamic, adaptively self-regulated system in relation with the purpose established by political resolution, in conformity with the general framework established by the fundamental law. Corresponding to this perspective, law distinguishes itself from philosophy, and draws near to logics, informatics and measure sciences.

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$O perspectivă statistică asupra evoluţiei infracţiunilor de corupţie în ultimul deceniu, prin raportare la activitatea Direcţiei Naţionale Anticorupţie$

O perspectivă statistică asupra evoluţiei infracţiunilor de corupţie în ultimul deceniu, prin raportare la activitatea Direcţiei Naţionale Anticorupţie

Author(s): Maria-Georgiana Teodorescu,Daniela Panc (Dancă) / Language(s): Romanian Issue: IV/2016

Nowadays, the Informational Society has a major impact on every human activity. Academic research is one of the domains that has benefited from the technological development in the past decades, including in the legal field. Jurimetrics represents such a proof of combination of mathematical sciences with legal sciences. Using as instrument the Statistical Package for the Social Sciences, this paper analyzes the activity of the National Anticorruption Directorate, from a statistical perspective, for a period of more than a decade, from 2005 to 2015. The paper focuses on the activity of the Directorate from a comparative point of view, with regard to both the causes in work at the central structure, but also the total amount of causes instrumented at the territorial structures of the National Anticorruption Directorate

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$Caracteristici comportamentale ale infractorilor care comit crime cu substrat sexual pe teritoriul României$

Caracteristici comportamentale ale infractorilor care comit crime cu substrat sexual pe teritoriul României

Author(s): Iulian Ipate,Oana Mateescu / Language(s): Romanian Issue: IV/2016

The present study aims to highlight the behavioral and demographic characteristics of the 205 offenders convicted of sexual crimes in Romania. Through the analysis of behaviors exhibited in the offense field three specific operating modes were identified. These are: "opportunistic", "aggressive" and "sadistic". The similarities of this model with other international models which refers to sexual are also taken into account.

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Rolul convingerilor în estimarea acurateţii informaţiilor conţinute de profilele psihologice criminalistice

Author(s): Oana Mateescu,Iulian Ipate / Language(s): Romanian Issue: IV/2016

This study aims to explore the findings made by Kocsis and Heller (2004), about the relationship between beliefs and how a person perceives the accuracy of a forensic psychological profile. The influence of various types of information contained in a profile, concerning how it is perceived as one precise and useful in conducting the judicial inquiry, was also considered. A group of 142 participants was used in the experimental approach, the aim being to highlight how they perceived information contained in a forensic psychological profile. The obtained results confirmed previous research conducted by Kocsis and Heller, noting a statistically significant correlation between individual beliefs and how he perceives the accuracy of a forensic psychological profile. Thus, the more an individual believes strongly in the effectiveness of profiling techniques, more likely he will perceive the information contained in a profile as accurate content that can be useful in judicial investigation. This relationship was broad regarding personal information related to the history of the offender and the way he operates.

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