DOCSLIB.ORG

AGORA International Journal of Juridical Sciences

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
AGORA International Journal of Juridical Sciences AGORA International Journal of Juridical Sciences www.juridicaljournal.univagora.ro Year 2014 No. 4 Publisher: Agora University Press This journal is indexed in: International Database International Catalog EDITORIAL BOARD Editor in chief: PhD. Professor Elena-Ana IANCU, Agora University of Oradea, Oradea, Romania – member in the Executive Editorial Board. Associate Editor in chief: PhD. Professor Adriana MANOLESCU, Agora University of Oradea, Oradea, Romania – member in Executive Editorial Board; PhD. Professor Cornelia LEFTER, The Academy of Economic Studies, Bucharest, Romania. Scientific Editor: PhD. Professor Ovidiu ŢINCA, Agora University of Oradea, Romania – member in the Executive Editorial Board. Executive editor: PhD. Professor Salvo ANDO, “Kore” University, Enna, Italy; PhD. Associate Professor Alina-Angela MANOLESCU, Agora University of Oradea, Romania Associate executive editors: 1. PhD. Professor Ion DOGARU, University of Craiova, Craiova, Romania; 2. PhD. Professor Emilian STANCU, University of Bucharest, Bucharest, Romania. Associate editors: 1. PhD. Professor Alfio D'URSO, “Magna Grecia” University, Catanzaro, Italy; 2. PhD. Professor Alexandru BOROI, “Danubius” University from Galați, Galaţi, Romania; 3. PhD. Professor Ioan-Nuţu MIRCEA, associated professor “Babeş-Bolyai” University, Cluj-Napoca, Romania; 4. PhD. Professor Ovidiu PREDESCU, “Law Journal” (executive editor), “Criminal Law Journal” (editor in chief), Bucharest, Romania; 5. PhD. Professor Brânduşa ŞTEFĂNESCU, The Academy of Economic Studies, Bucharest, Romania; 6. PhD. Alexandru CORDOŞ, Christian University „Dimitrie Cantemir”, Romania 7. PhD. Szabó BÉLA, University of Debrecen, Debrecen, Hungary; 8. PhD. Professor Farkas AKOS - University of Miskolc, State and Juridical Sciences Chair - The Institute of Criminal law sciences, Miskolc, Hungary; 9. PhD. Professor Jozsef SZABADFALVI, University of Debrecen, Debrecen, Hungary; 10. PhD. Professor Luigi MELICA, University of Lecce, Lecce, Italy; 11. PhD. José NORONHA RODRIGUES, Azores University, Portugal. Tehnical secretariate: 1. PhD. Lecturer Florian MATEAŞ, Agora University of Oradea, Oradea, Romania; 2. PhD. Associate Professor Laura-Roxana POPOVICIU, Agora University of Oradea, Oradea, Romania; 3. PhD. Candidate Lecturer Radu FLORIAN, Agora University of Oradea, Oradea, Romania; 4. PhD. Reader Alina-Livia NICU, University of Craiova, Craiova, Romania; 5. Anca TĂTĂRAN, Agora University of Oradea, Oradea, Romania. Web Master: Beniamin ȘINCA, Department of Information, Agora University of Oradea, Oradea, Romania. TABLE OF CONTENTS Carmen - Nicoleta Bărbieru - EXERCISING THE RIGHT TO VOTE IN THE EUROPEAN ECONOMIC INTEREST GROUPING……………..…………………………………………………..1 Denisa Barbu - ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY ……..……..7 Magdalena Maria Barsan - SELF DEFENSE IN THE NEW REGULATION. ELEMENTS OF COMPARED CRIMINAL LAW….……………………………………………….……………………13 Izabela Bratiloveanu - „OBJEKTFORMEL” – EVENTUAL ACTS OF DAMAGE TO HUMAN DIGNITY…………………………………….…………………………………….….…………………..19 Claudiu Ramon D. Butculescu, Sorina Maria Florea - CONSIDERATIONS REGARDING SYSTEMIC INTERACTION OF LAW WITH OTHER SOCIAL NORMATIVE SUBSYSTEMS ……………………………………….……………………....………………..27 Smărăndiţa - Elena Ciudin- Colţa - CONSIDERATIONS ON THE LIMITS OF THE PRIVATE PROPERTY RIGHT AND ITS IMPLICATIONS IN THE CONCEPT OF URBAN RENEWAL …………………………………………………………….…………………………………..…………....32 Daniel Creţu, Camelia Maria Morăreanu - THEORETICAL AND PRACTICAL ASPECTS REGARDING THE PHASE OF THE PRE-TRIAL CHAMBER PHASE IN THE CRIMINAL TRIAL …………………………………………………………………………….………………….……..41 Mihai Floroiu - INTERNATIONAL CRIMINAL PROSSECUTION FROM AD-HOC TO PERMANENT CRIMINAL JURISDICTIONS…………………………………..………..……………46 Oana Elena Gălăţeanu - ABUSIVE CLAUSES IN INSURANCES DOMAIN………..…………..53 Oana Ghiţă - MARRIAGE AND FAMILY LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS……………………………………………..…………...58 Ştefan Herchi - CURRENT TENDENCIES OF THE EUROPEAN UNION DEVELOPMENTCONSEQUENCES OF THIS DEVELOPMENT ON SHORT AND MEDIUM TERM …………………………………………………………….………………………………………...64 Emanuela Iftime - GOOD FAITH IN DOMESTIC SALES LAW……………………….…………68 Andra Iftimiei - ROLE OF THE INTERPRETATION RESERVE IN THE CONSTITUTIONALIZATION OF ROMANIAN AND FRENCH CRIMINAL LAW ………………………………………………………..………………………………………………………81 Cristian Jura, Denis Buruian - ETHNICAL MINORITIES AND ISSUE OF CHANGING THE STATE TERRITORY ………………………………………………………….……………………….….88 Liviu-Alexandru Lascu - THE EXERCISE OF A RIGHT OR THE CARYING OUT OF AN OBLIGATION – JUSTIFIED CAUSES REINTRODUCED INTO THE NEW ROMANIAN CRIMINAL CODE ………………………………………………………….…………………………….98 Florian Mateaş - DOCUMENTARY FRAUD AS SEEN BY THE DOCUMENTARY FRAUD BUREAU OF THE DIRECTION OF BORDER POLICE ………….…………………………….103 Roxana Matefi - THE RIGHT TO LEGAL ASSISTANCE AND REPRESENTATION – GENERAL ASPECTS …………………………………..…………………………………………….…113 Florentina Nina Mocanasu - INVOLVING OLDER PEOPLE AFTER RETIREMENT IN SOCIETY AND FAMILY ……………..…………………………………………….…………………..118 Camelia Maria Morăreanu, Daniel Creţu - ELECTORAL OFFENCES AFTER THE ENTRANCE INTO FORCE OF THE NEW CRIMINAL CODE ………………………………...124 i Cristinel - Ioan Murzea - “STATUS CIVITATIS” IN THE ROMANIAN SIBIU ASSEMBLY OF 1864 …………………………………………………………….………………………………………...129 Ioana Nicolae - THE JUDICIAL REGIME OF ANNULMENT OF MARRIAGE AND THE EFFECTS OF MARRIAGE ANNULMENT ……………………………………………………….…133 S.M. Olokooba, M. K. Adebayo - PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA ……………………………………………………..……….………139 Laura-Roxana Popoviciu - OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY …………………………………………………………………………….…………….………………….149 Petru Tărchilă - VALIDITY CONDITIONS OF THE JURIDICAL ACT ..……………..……….157 Oana Şaramet - THE STRUCTURE OF EXECUTIVE POWER. THE STRUCTURE'S EVOLUTION OF THE EXECUTIVE POWER IN ROMANIA .…………………………………………………………………………………………………………….163 Tudor Tănăsescu - THE COUNCIL OF EUROPE AND ITS CONSECRATION REGULATIONS AND PROTECTION OF HUMAN RIGHTS ..............................................................................172 Florin Tudor - ROLE OF CUSTOMS AND BORDER COOPERATION IN FIGHTING THE TERRORISM FINANCING AND FUNDING PROLIFERATION ……………………………………………………………………..……………………………………...181 Nicolae David Ungureanu - THE INTERNATIONAL HUMANITARIAN LAW APPLICABLE IN THE NEW TYPES OF ARMED CONFLICTS ……………………………………………………...184 Andreea Simona Uzlău, Marilena Carmen Uzlău - CONSIDERATIONS REGARDING THE COMPLIANCE OF ROMANIAN LEGISLATION WITH THE DIRECTIVE (EU) NO. 42/2014 REGARDING THE FREEZING AND CONFISCATION OF THE INSTRUMENTS AND PRODUCTS OF CRIMES COMMITTED IN THE EUROPEAN UNION ………………………………………………………………………………………..……………….195/203 Daniela Cristina Creţ - THE ARBITRAL DECISION PRONOUNCED IN AD-HOC DOMESTIC-LAW ARBITRATION IN THE REGULATION OF THE NEW ROMANIAN CODE OF CIVIL PROCEDURE ………………………………………………………………………….204/213 ii AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro ISSN 1843-570X, E-ISSN 2067-7677 No. 4 (2014), pp. 1-6 EXERCISING THE RIGHT TO VOTE IN THE EUROPEAN ECONOMIC INTEREST GROUPING C. N. Bărbieru Carmen - Nicoleta Bărbieru Faculty of Law, Private Law Department Alexandru Ioan Cuza University of Iaşi, Romania *Correspondence: Carmen- Nicoleta Bărbieru, Alexandru Ioan Cuza University of Iaşi, 11 Carol I St., Iaşi, Romania E-mail: [email protected] Abstract The article proposes an analysis with respect to the exercise of the right to vote in the European Economic Interest Grouping. Both the European legislator through the Regulation No. 2137/1985, and the Romanian one, through the Law No. 161 of April 19th, 2003 related to certain measures to ensure the transparency in the exercise of the public dignities, of the public functions and in business, the prevention and sanction of corruption have given an important place to the autonomy of the will of the members with regard to the functioning of the group, the first one limited itself regarding the Organization of the group to determine the minimum number of bodies of the group, namely the decision-making and the group administrator. The analysis of the exercise of the right to vote has a triple purpose: the exercise of the right to vote, the criteria for the award of the right to vote and making decisions. Keywords: Regulation, law, Romanian, group, vote, decisions. Introduction The To enable the adoption of the European Economic Interest Grouping to a multitude of y situations it may face to achieve its objective, the European legislator has reserved an important place to the autonomy of will of its members regarding its operation, though it provided certain mandatory rules and it authorized the Member States to draw others into their national laws. This one, related to the European Economic Interest Grouping organization, limited itself to only set a minimum number of organs of the group, leaving to its members the opportunity to also provide the existence of other organs, provided, however, that they are stipulated in the contract of association1. Like a legal person, the European Economic Interest Grouping has no organic existence and therefore no natural will. Therefore, its will is manifested itself through its bodies. According to Article 16 of the Regulation No.2137/1985 the will of the European Economic Interest Grouping will be formed in the body of deliberation which consists of the group members acting collectively, this body being equivalent to the general meeting of
Load more

Recommended publications
  • General Assembly Distr.: General 30 November 1999
    United Nations A/AC.254/22 General Assembly Distr.: General 30 November 1999 Original: English Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime Sixth session Vienna, 6-17 December 1999 Analytical study on serious crime Report by the Secretariat I. Introduction 1. At its second session, held in Vienna from 8 to 12 March 1999, the Ad Hoc Committee on the Elaboration of a Convention against Transnational Organized Crime requested the Secretariat to carry out an analytical study on provisions of national laws V.99-90212 (E) A/AC.254/22 concerning serious offences punishable by deprivation of liberty, in relation to article 2 bis (b) of the draft Convention (see A/AC.254/11, para. 18). Pursuant to that request, the Secretariat asked States to provide information on the following: (a) What provisions were contained in their national laws relevant to the draft Convention concerning offences punishable by deprivation of liberty, with an indication of the number of years of imprisonment; (b) Whether their legislation qualified offences as serious and, if so, what criteria were used for such qualification and which crimes fell into that category. 2. As at 15 October 1999, the Secretariat had received responses from 45 States. The present analytical study is based on the information provided by those States. II. Analysis A. National laws concerning offences punishable by deprivation of liberty 3. In response to the first question, many States listed examples of offences punishable by deprivation of liberty and provided information on the number of years of imprisonment imposed for such offences.
    [Show full text]
  • ANNUAL REPORT 2013 - Romania
    ANNUAL REPORT 2013 - Romania Authors: Silvia-Antoaneta Berbec (Ch. 1, 2, 9.3 and 9.5) Ágnes Csonta (Ch. 3) Mihaela Manole (Ch. 4) Iustina Ionescu (Ch. 5, 6 and 9.4) Delia Niţă (Ch. 7 and 10) Adela Dumbrăvan (Ch. 8, 9.1 and 9.2) Georgiana Fusu Plăiaşu (Ch. 11) Senior Expert: Lucian Bojin National Focal Point: Centre for Legal Resources The collection of data and information contained in this report were commissioned in 2013 by the European Union Agency for Fundamental Rights as background material for the Agency’s comparative analysis that feeds into its annual report. All opinions and views expressed in this report are those of the authors and do not represent in any way the official position of the FRA. The FRA Annual report: Fundamental rights: challenges and achievements in 2013 is available online at: www.fra.europa.eu 1 1 ASYLUM, IMMIGRATION AND INTEGRATION 1.1 Monitoring of forced returns The 2011 amendments1 to the Aliens Act2 provided that national and international organizations and entities in the field of migration will have the possibility of monitoring the removal of aliens from the national territory.3 The general legal provisions in the field specify the categories of aliens who can be placed in public custody (administrative detention) until their removal from the territory4, what is the maximum period of public custody as well as the conditions for judicial control of the public custody measure,5 the requirements for granting a temporary permission to remain in Romania (known as toleration),6 and the rights of aliens in public custody.7 The monitoring system of forced returns established in 2011 by the NGO Romanian National Council for Refugees (NRCR) (Consiliul Naţional Român pentru Refugiaţi, CNRR) continued under the project “Improving the implementation and monitoring of forced returns“ until June 2013.
    [Show full text]
  • Space Ii - 2018
    Persons under the supervision of Probation Agencies SPACE II - 2018 Marcelo F. Aebi Yuji Z. Hashimoto Strasbourg, 20 December 2018 pc-cp\space\documents\pc-cp (2018)13 PC-CP (2018) 13 Updated on 21 May 2019 This report has been written by Marcelo F. Aebi and Yuji Z. Hashimoto on behalf of the Council for Penological Cooperation (PC-CP) of the Council of Europe, Strasbourg, France. The report has been prepared under a contract with the Action against Crime Department, Information Society and Action against Crime Directorate, DGI - Directorate General Human Rights and Rule of Law of the Council of Europe. It has also received support from the University of Lausanne, Switzerland. Country based information on persons under the supervision of Probation Agencies was collected through the SPACE II 2018 questionnaire (Ref: PC-CP (2018) 13) and analysed by the authors of this report. The opinions expressed in this work are the responsibility of the author(s) and do not necessarily reflect the official policy of the Council of Europe. Cover picture: Migrant European Robin (Erithacus rubecula), by Lucas Nicolás Muñoz. ©Lucas Nicolás Muñoz. Reproduction authorized for this publication by the author. Suggested citation [APA norms]: Aebi, M. F., & Hashimoto, Y. Z. (2018). SPACE II – 2018 – Council of Europe Annual Penal Statistics: Persons under the supervision of Probation Agencies. Strasbourg: Council of Europe © Council of Europe & University of Lausanne, 2018 Reproduction is authorised, except for commercial purposes, provided that the source is acknowledged. Council of Europe Annual Penal Statistics – SPACE II – 2018 1 FINAL DRAFT REPORT: NOT FOR CIRCULATION – UNDER EMBARGO UNTIL 21 MAY 2019 Key points of SPACE II 2018 The participation rate in the 2018 SPACE II Survey was satisfactory: 44 out of the 52 Probation Agencies (or equivalent institutions) of the 47 Council of Europe Member States answered the questionnaire.
    [Show full text]
  • An Approach to the Crime of Theft and Its Connection with the Civil Theory of Possession
    Journal of Social Sciences and Humanities Vol. 1, No. 4, 2015, pp. 361-367 http://www.aiscience.org/journal/jssh An Approach to the Crime of Theft and Its Connection with the Civil Theory of Possession Doinel Dinuică 1, Mioara-Ketty Guiu 2, * 1Faculty of Law and Public Administration, “Spiru Haret” University, Bucharest, Romania 2Faculty of Law and Public Administration, Spiru Haret University, Research Associate of “Acad, Andrei Rădulescu” Legal Research Institute of Romanian Academy, Bucharest, Romania Abstract Contrary to appearances, the crime of theft raises many complex and difficult issues, most of which have not yet been settled. Almost all essential aspects related to this crime are controversial: its definition, legal object or protection purpose, the limitation period, its delimitation from other similar crimes (such as the crime of breach of trust) etc. One of the reasons of this failure is the so-called “subjective theory of possession” which continues to dominate the civil doctrine and to have a negative influence on the analysis of the crimes against patrimony, in general, and the crime of theft, in special. It is for this reason that the authors of the present paper have endeavoured, firstly, to develop a different theory of possession, an objective one, according to which possession and detention are not “facts as such” but specific prerogatives of the patrimonial rights which differ between themselves by content (possession implies detention, but its content is much broader). Then, starting from this point, the authors have set as their purpose to offer new answers regarding the controversial issues related to the crime of theft (for example, they consider that the theft ensures protection only to legal detention thus, there is no crime of theft if the good is taken from a thief).
    [Show full text]
  • 8 Edition of International Conference
    DANUBIUS UNIVERSITY OF GALATI, ROMANIA UNIVERSITY OF CAMERINO, ITALY 8th Edition of International Conference The European Integration – Realities and Perspectives PROCEEDINGS 2 0 1 3 Danubius University Press Galati ISSN 2067-9211 8th Edition of International Conference The European Integration – Realities and Perspectives. Proceedings 2013 © All rights reserved by the authors The selected articles cannot be given for publication to other journals. The quality of the articles is ensured by a blind review process with minimum four (4) national and international reviewers. Publication frequency: 1 issue per year Contact data Address: 3 Galati Boulevard, 800654 Galati, Romania E-mail: [email protected] Website: www.proceedings.univ-danubius.ro Telephone: +4 0372 361 140 Information about the Publishing House Danubius University Press 3 Galati Boulevard, 800654 Galati, Romania Telephone: + 4 0372 361 140 Fax: + 4 0372 361 294 Website: www.editura.univ-danubius.ro Email: [email protected] [email protected] The journal is financed by Danubius University of Galati, Romania Website: www.univ-danubius.ro Cover: Doru Trandafir Printed at Zigotto Printing House, Galati, Romania Gestrom, Galati, Romania Price per volume: 60 Euro 2 ORGANIZING COMMITTEES General Co-Chairs Andy Pusca, Danubius University, Romania Flavio Corradini, University of Camerino, Italy International Program Committee Benone Pusca, Danubius University, Romania Yvon Pesqueux, Conservatoire National des Arts et Métiers, France Emanuele Felice, University
    [Show full text]
  • Convention on the Rights of the Child
    UNITED NATIONS CRC Convention on the Distr. GENERAL Rights of the Child CRC/C/65/Add.19 5 July 2002 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Periodic reports of States parties due in 1997 ROMANIA* [18 January 2000] * For the initial report submitted by the Government of Romania, see document CRC/C/3/Add.16, for its consideration by the Committee see documents CRC/C/SR.120-122 and for the concluding observations, see document CRC/C/15/Add.16 GE.02-43077 (E) 080802 CRC/C/65/Add.19 page 2 CONTENTS Paragraphs Page I. GENERAL IMPLEMENTATION MEASURES ........................ 1 - 51 5 II. THE DEFINITION OF A CHILD (art. 1)..................................... 52 - 53 13 III. GENERAL PRINCIPLES ............................................................ 54 - 120 18 A. Non-discrimination (art. 2) ............................................... 54 - 77 18 B. Best interests of the child (art. 3) ...................................... 78 - 97 22 C. Right to life, survival and development (art. 6) ................ 98 - 107 30 D. Respect for the views of the child (art. 12) ....................... 108 - 120 32 IV. CIVIL RIGHTS AND FREEDOMS ............................................ 121 - 182 34 A. Name and nationality (art. 7) ............................................ 121 - 129 34 B. Preservation of personal identity (art. 8) .......................... 130 - 136 36 C. Freedom of expression (art. 13) ........................................ 137 - 139 37 D. Freedom of thought, conscience and religion (art. 14) ..... 140 - 144 38 E. Freedom of association and peaceful assembly (art. 15) ............................................................................. 145 - 152 39 F. Protection of privacy (art. 16) ........................................... 153 - 160 41 G. Access to appropriate information (art. 17 ) ..................... 161 - 167 42 H. The right not to be subjected to torture or other cruel, inhuman or degrading treatment (art.
    [Show full text]
  • Journal of Eastern-European Criminal
    JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 1 JOURNAL OF EASTERN­EUROPEAN CRIMINAL LAW No. 1/2014 Evolution of the Penal Legislation in Romania and Hungary, in the Post­Communist Era 2014 2 AUTOR JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO. 1/2014 3 UNIVERSITY OF TIMISOARA UNIVERSITY OF PÉCS FACULTY OF LAW FACULTY OF LAW JOURNAL OF EASTERN­EUROPEAN CRIMINAL LAW P BOARD OF EDITORS P Editors­in­Chief Prof. dr. VIOREL PASCA Prof. dr. ISTVÁN GÁL West University of Timisoara University of Pécs Faculty of Law Faculty of Law Editors DR. ADRIAN FANU­MOCA Dr. LAURA MARIA STĂNILĂ Dr. ANDREEA VERTES­OLTEANU Dr. LIVIA SUMANARU Dr. CSABA FENYVESI DR. MIHÁLY TÓTH Dr. DOREL JULEAN Dr. MAGDALENA ROIBU DR. FLORENTINA MUŢIU Dr. PETRE DUNGAN Dr. FLAVIU CIOPEC Dr. TIBERIU MEDEANU Dr. IOANA­CELINA PAȘCA Dr. VOICU PUȘCAȘU ZOLTÁN ANDRÁS NAGY The board of editors shall not take responsibility for the authors' opinions therefore the authors are exclusively responsible for the former. Edited biannually by courtesy of the Criminal Law Departments within the Law Faculties of the West University of Timisoara and the University of Pécs 4 AUTOR Universul Juridic Publishing House Edited by Universul Juridic Publishing House Copyright © 2014, S.C. UNIVERSUL JURIDIC S.R.L. All rights on this edition are reserved to Universul Juridic Publishing House No part of this volume can’t be copied without the subscription of Universul Juridic Publishing House Editorial office: Phone/fax: 021.314.93.13 Phone: 0734.303.101 E­mail: [email protected] Distribution: Phone: 021.314.93.15 Phone/fax: 021.314.93.16 E­mail: [email protected] www.universuljuridic.ro ISSN 2360–4964 JOURNAL OF EASTERN‐EUROPEAN CRIMINAL LAW NO.
    [Show full text]
  • This Article Was Originally Published in Issue 4.3 Of
    Year 4, Issue 3 CEE March 2017 Legal Matters In-Depth Analysis of the News and Newsmakers That Shape Europe’s Emerging Legal Markets Special Editorial: Calling the Better Angels Across the Wire: Deals and Cases in CEE On the Move: New Firms and Practices The Buzz in CEE Experts Review: Compliance A Closer Look: Reported CEE Deals in 2016 Market Spotlight: Serbia The Corner Office: Change of Practice The Belgrade Bar: Discord and Dissent The Fashion of the Day: Law Firm Networks and Alliances in the Former Yugoslavia Inside Out: The EBRD Issues RSD Floating Rate Bonds PRELIMINARY MATTERS MARCH 2017 CEE EDITORIAL: CALLING THE Legal Matters In-Depth Analysis of the News and Newsmakers That Shape Europe's Emerging Legal Markets BETTER ANGELS Special warning: planet. The dangers of this phenomenon are This is a personal real, and go far beyond the mere election of editorial, and not overmatched and unenlightened strongmen. particularly related to That wave could well generate major military lawyering in CEE. I conflict, and soon. Our friends in Ukraine hope our readers will might suggest that time has already come, in indulge this unusual fact, and Mikhail Gorbachev recently lamented exception to our nor- in Time magazine that “it looks as if the entire mal practice. world is preparing for war.” He’s right. As an American This is madness. living in Europe, I’ve received many requests Outrageously, infuriatingly, this retreat from for my thoughts about Donald Trump’s be- democratic principles and from the institutions coming President of the United States. In that have been so instrumental in creating an one sense, my explanation for that bewilder- unprecedented period of peace, progress, and ing achievement is simple: He encouraged and cooperation across the Western world flies di- then exploited fear for his own benefit.
    [Show full text]
  • G2006727.Pdf
    United Nations CAT/C/ROU/3 Convention against Torture Distr.: General 16 March 2020 and Other Cruel, Inhuman or Degrading Treatment Original: English English, French and Spanish only or Punishment Committee against Torture Third periodic report submitted by Romania under article 19 of the Convention pursuant to the simplified reporting procedure, due in 2019*, ** [Date received: 30 September 2019] * The present document is being issued without formal editing. ** The annexes to the present report be accessed from the web page of the Committee. GE.20-04020(E) CAT/C/ROU/3 1. The Government of Romania received, through diplomatic channels, a List of questions of the United Nations Committee against Torture (CAT) in connection with the third regular report by Romania (CAT/C/ROU/QPR/3). 2. The Ministry of Justice (MoJ) distributed this list of questions to all institutions concerned-the Ministry of Internal Affairs, the National Prison Administration, the Prosecutor’s Office attached to the High Court of Cassation and Justice, the Directorate for Investigating Organized Crime and Terrorism, the Ombudsman, the Ministry of Labor and Social Justice, the Ministry of Health, the Ministry of Foreign Affairs, the National Probation Directorate – including to its own structures, for the purpose of replying and submitting remarks in connection with the comments and inquiries of information delivered by CAT. 3. The reply comprises a point-by-point detailing of the replies provided by Romanian authorities to the questions and inquiries of information delivered by CAT in its report and observes the order of the concerns addressed. At the same time, the responses provided in the present reply were intended to cover any relevant legislative, administrative or judicial measures taken in order to implement the provisions of the Convention, not only the Committee’s follow-up questions.
    [Show full text]
  • Convention on the Rights of the Child
    UNITED NATIONS CRC Convention on the Distr. Rights of the Child GENERAL CRC/C/ROM/4 18 November 2008 Original: ENGLISH COMMITTEE ON THE RIGHTS OF THE CHILD CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 44 OF THE CONVENTION Third and fourth periodic reports of States parties due in 2007 * ** ROMANIA [1 November 2007] * In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services. ** Annexes can be consulted in the files of the Secretariat. GE.08-45181 (E) 191108 181208 CRC/C/ROM/4 page 2 CONTENTS Chapter Paragraphs Page Introduction .................................................................................................... 1 - 7 6 I. GENERAL MEASURES OF IMPLEMENTATION ....................... 8 - 156 7 II. DEFINITION OF THE WORD “CHILD” ........................................ 157 - 204 31 III. GENERAL PRINCIPLES ................................................................. 205 - 285 38 A. Non-discrimination .................................................................... 228 - 259 41 B. Best interests of the child ........................................................... 260 - 267 45 C. The right to life, survival and development ............................... 268 - 276 47 D. Respect for the views of the child .............................................. 277 - 285 48 IV. CIVIL RIGHTS AND FREEDOMS ................................................. 286 -
    [Show full text]
  • Dynamic Elements in the Contemporary Business Law
    Dobrinka Chankova (ed.) Ivan Pankevych (ed.) Dynamic Elements in the Contemporary Business Law Dynamic Elements in the Contemporary Business Law Editors: Dobrinka Chankova Activity Dobrinka Chankova, PhD, is Professor of Criminal Procedure Law at South-West University, Blagoevgrad, Bulgaria. From 2004 until 2018 she lectured on Mediation in Penal and Civil Matters at New Bulgarian University, Sofia. Guest-professor at many foreign universities. She is the Chair of the Institute of Conflict Resolution in Sofia and has served as an expert of the National Assembly and Ministry of Justice of Bulgaria and of the Council of Europe Committees on Crime Problems and Media- tion in Penal Matters. Mediator, founder and member of the Board of the National Association of Mediators, Bulgaria. Member of the European Forum for Restorative Justice, World Society of Victimology, the Union of the Scientists in Bulgaria and the Union of the Jurists in Bulgaria. Editor-in-chief of Law, Politics, Administration Journal. Member of the Editorial Board of the European Journal of Policing Studies, US-China Law Review and International Journal of Law and Society. Publications Editor of the Manual for the Local Elections Supervisor, Sofia, 2000 and Human Rights and Their Protection (compendium), Sofia, 2001. Co-editor of A Century of the Criminal Code and Current Issues of Criminal Legislation 1896-1996, Sofia, 1996 and Manual for Education of Pedagogical Staff for School Violence Prevention (V. 1, 2 and 3) Social Fund-Pazardjik, 2008. Sole author of 3 books: Investigation of Perjury, Sofia, 1995, Victim-Offender Mediation, Sofia, Feneya, 2002 and Restora- tive Justice. A Comparative Analysis, Avangard Prima Publishing, 2011.
    [Show full text]
  • The Sovietization of the Romanian Criminal Justice System
    Subordinating Justice in Communist Romania: The Sovietization of the Romanian Criminal Justice System (1945-1953) By Cojocariu Maria Andreea Submitted to the Central European University, Department of History In partial fulfillment of the requirements for the degree of Master of Arts Supervisor: Constantin Iordachi Second reader: Virgiliu Ţârău CEU eTD Collection Budapest, Hungary 2011 Statement of copyright Copyright in the text of this thesis rests with the Author. Copies by any process, either in full or part may be made only in accordance with the instructions given by the author and lodged in the Central European Library. Details must be obtained from the librarian. This page must be a part of copies such made. Further copies made in accordance with the instructions may not be made without the written permission of the Author. CEU eTD Collection ii ABSTRACT In this thesis I address the judicial and legal systems of Romania from 1945 to 1953 within the context of the communist tack-over of Sovietization of Romania. More precisely, I discuss the arrangement of the judiciary and several amendments brought to criminal legislation (Penal Code). I argue that during the period under my focus Soviet- type judicial institutions, legal concepts, and practices were transplanted to Romania at different stages. I also argue that beginning in 1948, when a Soviet-type constitution and a new penal code came into effect, the communist government of Romania gave political repression, to a certain extent a legal dimension. Accordingly, my aim is to demonstrate that the repressive nature of the regime was upheld by the ideological interpretation of criminal law.
    [Show full text]