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SOME REFLECTIONS ON THE EFFECTIVE PROMOTION OF ROMANIAN JUDGES TO THE TRIBUNALS, SPECIALIZED TRIBUNALS AND COURTS OF APPEAL UNDER LAW No. 303/2022
Viorica POPESCU9 December 2024In modern organizations, whether in the public or private sector, proactivity has become a fundamental element of success. Retaining high-performing employees is a challenge in this era of limitless careers. Although Romanian judges enjoy irremovability and independence according to the statute, access to higher courts by promotion is not only a personal desire and a way to facilitate professional development, but also a way for the judicial organization to ensure its performance and consequently confidence in the act of justice. The law adopted by the Romanian legislator in 2022 maintained the two forms of promotion to the higher courts, one effective and one on the spot, but established different ways of carrying out the promotion process. This article aims to make an analysis of the way in which the process of effective promotion of judges at the Tribunals, Specialized Courts and Courts of Appeal is carried out, not only in relation to the national legislation, but also in relation to the criteria laid down in the international regulations in this field. -
INDEPENDENCE OF THE JUDGE – AS A PRINCIPLE OF CRIMINAL PROCEEDINGS
Liliana CATANA9 December 2024The independence of the judge as a principle of criminal procedure is a fundamental element of the rule of law and of guaranteeing a fair trial. This principle ensures that the judge performs his duties without external influences or pressures, being guided exclusively by the law and his own professional conscience. The independence of the judge is essential for the respect of the fundamental rights and freedoms of the persons involved in the process. In conclusion, the independence of the judge is not just an abstract principle, but a practical foundation for the proper functioning of the criminal procedure. It ensures the respect of fundamental rights and freedoms, protection against abuses and maintenance of confidence in the justice system. -
SUPREME COURT RESOLUTIONS AND THE JURISDICTIONAL INDEPENDENCE OF THE COURTS
Igor ZGOLIŃSKI9 December 2024The normative positioning of the Supreme Court in Poland entitles one to conduct a twofold analysis. On the one hand, it is possible to look at this court from the functional side, understood as the procedural role of the highest judicial instance in the prism of related tasks. On the other hand, it is also possible to carry out a strictly systemic analysis, understood as a set of legal regulations outlining the position of this Court in the structure of the judiciary and the organisational solutions in force within it. The scope of analysis of this article, due to the narrowly defined nature of the study and the multiplicity of procedural legal constructions, was limited to the sphere of resolutions issued by the Supreme Court. The aim of the article is therefore to analyse a certain section of the functional role of the supreme court in Poland, precisely in the form of these specific rulings. Indeed, the Supreme Court's resolutions are a direct emanation of the essential function entrusted to it by the Polish Basic Law, but they also constitute a break from the principle of jurisdictional independence. They are, however, burdened with certain shortcomings. For this reason, legal views on their nature and the need for their existence in Polish law are sometimes extremely different. -
REGULATING SOCIAL MEDIA: FACEBOOK, TIK-TOK AND GOVERNMENTAL INTERESTS
Marius VĂCĂRELU9 December 2024Literature of any kind – philosophical, scientific, fictional, etc. – has revealed for thousands of years the human need to live in communities, seeking to establish relationships that are as mutually beneficial as possible with all other members of society. This desire is instinctively understood from the first months of life, and this phenomenon can be observed in any living being – animal or plant – because in the absence of communities of the same species, there is no future; reproduction ceases, leading to inevitable extinction. Communities, once formed, have an interest in expanding or improving the quality and well-being of their members. Thus, economic development programs can be created, which will succeed if there is social harmony within the community. Social harmony can be fostered through certain types of policies that encourage not only pragmatic connections between people but also entertainment and coexistence based on mutual support. The 21st century has brought to the forefront a unique form of community, namely the electronic, transnational one, which allows for human connections at an intensity and scale unprecedented in history. These communities aggregate on social networks, and certain legal situations in recent years compel a response to the question: can these entities be regulated, and if the answer is affirmative, based on what principles? This text will seek to provide an introduction to this debate, in relation to a decision recently adopted by the U.S. judiciary regarding one of the most important social networks, namely TikTok. -
THE LEGAL CONTOURS OF ELECTORAL RIGHTS COVERED BY ART 22 TFEU – AN EXTENDED PERSPECTIVE OFFERED BY THE CJEU
Mihaela OPRESCU9 December 2024The judgments in Cases C-808/21 and C-814/21 provide a new perspective on the legal contours of the electoral rights covered by Article 22 TFEU. The CJEU, seized in two infringement proceedings, was called upon to determine the content of electoral rights, in the light of the principle of non-discrimination. In other words, does that principle relate solely to the right to vote and to stand as a candidate or to other ancillary measures guaranteeing participation in political life? This study aims to shed light on the architecture of the CJEU's legal reasoning in the two cases, emphasizing that the right to participate in the democratic life of the Union is enforceable not only against the European institutions, but also against the Member States, insofar as the latter, through legislative and administrative measures, restrict such a right or diminish its effectiveness. -
HUMAN RIGHTS IN ARMED CONFLICTS: THE RELATIONSHIP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
Anastasia CATANA9 December 2024There is no armed conflict (or even political conflict, in the strict sense of the term) in which the issue of human rights violations does not arise. Moreover, it is absurd to believe that there can be an open conflict that does not affect the rights of the civilian population. As in any debate that is simultaneously sociological, political, legal and international relations, terminology is a key variable. If we talk about war crimes, we theoretically and legally more correctly frame this collective crime in the context of a type of interaction between two states. A concept such as crimes against humanity also covers the situation in which we criminalize, for example, the crime of a political regime against its own population, against a minority, not just a war between two states or a civil war between well-determined parties. -
ARTIFICIAL INTELLIGENCE AND THE TRANSPORT SYSTEM
In the digital age, artificial intelligence (AI) is intervening in many areas, and the transport industry is no exception. AI has the potential to significantly transform the way this sector operates, bringing significant benefits in terms of efficiency, costs and sustainability. We will explore the different ways in which artificial intelligence can be integrated into transport management and how it can revolutionize this field. Artificial intelligence (AI) represents the next frontier in logistics innovation, with the potential to make transport more efficient by minimizing costs and maximizing profit, but also by ensuring the safety of transport. -
DEFINITION OF USUFRUCT AND ITS IMPORTANCE IN CIVIL LAW
Mariana-Alina ZISU9 December 2024Usufructuary is a general way of acquiring the property right, but it also constitutes an indirect sanction directed against the former owner of the building, who, showing negligence, left it in possession for a long time another person, allowing him through his passivity to behave publicly as an owner. Therefore, the active procedural capacity in the request to establish the right to ownership through usufruct can only be owned by the former owner of the building and by since the plaintiff did not prove the ownership of the land in dispute, and the defendant constantly testified to the court that the plaintiff never had the respective land in his patrimony, it is obvious that the plaintiff has no standing active process. -
COMMUNICATION WITH NEUROLOGICAL PATIENTS: A PUBLIC POLICY PERSPECTIVE
Medical communication is an important element in the doctor-patient relationship. Special attention must be paid to neurological patients and how they are communicated with. They often feel vulnerable due to health problems and unfamiliar people, frequently having poor memory and confused thinking. Particularly, emphasis must be placed on obtaining informed consent and respecting their confidentiality. Effective medical communication will help the doctor achieve their goals in dialogue with the patient and improve the outcomes of their professional activity. -
SEVERAL LANDMARKS REGARDING THE HISTORICAL FOUNDATIONS OF ROMANIAN CIVIL LAW
Ramona DUMINICĂ; Daniela IANCU9 December 2024Civil law is the foundation of the entire private law legislation. Therefore, at present, the autonomy of other special matters, such as family law, commercial law, labour law, private international law and so on is never total, their concepts maintaining a strong connection with the fundamental notions of civil law. In view of this aspect, without the pretence of an exhaustive analysis, this article seeks to show that the whole “greatness” of civil law is justified primarily by its historical foundations. Starting from Roman law, passing through the old Romanian law and culminating in the elaboration of the Romanian Civil Code of 1864 we find a model of reasoning, technique and procedure that forms the nucleus around which the current civil law developed. -
CAPACITY AND UNDUE INFLUENCE IN WILLS AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: WHICH HUMAN RIGHT?
Prue VINES9 December 2024This article considers capacity and undue influence in the Anglo-Australian law of wills and how they might be impacted by Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. The article compares the common law view of capacity, which is transactional but either exists or doesn’t exist with the view taken by Article 12 which asks States to protect capacity by supporting decisionmaking. Undue influence is only pleaded where capacity exists, but it is notoriously difficult to prove and it has been argued that it should be made easier, in part by reference to Article 12. In this article I use the prevalence of elder abuse to illustrate the problems that may be created by using supported decision-making. I argue that supported decision-making is a naïve approach to capacity in view of the level of inheritance impatience and financial elder abuse in existence, and that those who seek to lower the bar for undue influence may be mischaracterizing the relevant human rights and causing rather than alleviating harm. I argue that the relevant human right is not the right not to be unduly influenced, but the right to exercise testamentary capacity. I then argue that the way to protect this right is not by lowering the bar, but by requiring lawyers to take the necessary steps while making wills and other instruments such as enduring powers of attorney or guardianship. -
ARTIFICIAL INTELLIGENCE AND THE NEW LEGAL ORDER: CHALLENGES AND OPPORTUNITIES FOR FUNDAMENTAL RIGHTS
Rainer ARNOLD9 December 2024Artificial intelligence has become part of our lives and has gained a significant role. In this context, the law has a dual task: on the one hand, it must promote technological development, but on the other hand, it must protect against its potential dangers. This is a task for the state, but also for the supra- and international legal system. In relation to the state, there is a constitutional duty to promote technological progress. This follows from the fundamental constitutional idea of protecting and promoting the people in the national community, also from the principle of the social state and also from the duty of protection inherent in fundamental rights. The state's obligation to protect against the dangers of technology can be derived directly from fundamental rights. The guarantee of human dignity as the supreme value of the legal system plays a special role here, precluding the domination of technology over humans. But numerous other fundamental rights (at the national and EU level and based on corresponding guarantees in the European Convention on Human Rights and other documents) are also guarantees against potential threats from artificial intelligence. The fundamental values of the liberal democratic constitution: human dignity, the principle of freedom and equality remain unchanged as the basis for the legally regulated coexistence of people in the state community. However, the constitutional norms must duly integrate the new reality that artificial intelligence creates through its power of influence into their protective function. -
EMBRACING THE NEEDS OF SOCIETY: THE EXTENDED PROTECTION ORDER
Mădălina MANOLEJuly 2024Domestic violence has specific characteristics that distinguish it from violence encountered in other social contexts. The close and intimate interpersonal relationships between family members amplify the impact and complexity of this phenomenon. The Romanian legislator’s adoption of the Law on Prevention and Combating Domestic Violente in 2003 was an important step in addressing this serious problem. However, it is obvious that Romanian society has evolved since then and tis needs have also evolved. Despite legislative efforts and increased awareness of violence, the phenomenon has not been significantly reduced and, in some cases, has even increased. The Romanian legislator noted that, in addition to criminal legal instruments, a comprehensive and integrated approach should be necessary to provide adequate support and protection to all victims of violence, regardless of the context in which it takes place. Thus, the adoption of the extended protection order is an innovative and necessary measure aimed at providing support and protection to any victim of violence, whether he or she is a family member or is experiencing violence in another social context. This initiative reflects the continuous efforts of the legislator to adapt the legislation to the current needs of society and to ensure that all those affected by violence can receive adequate support and protection. -
FIGHTING ORGANIZED CRIME THROUGH THE EUROPEAN INVESTIGATION WARRANT
Maria-Andreea STAN; Paper coordinated by Ph.D. Associate Professor Constanța MĂTUȘESCU, email: constanta_matusescu@yahoo.com, ORCID: 0000-0001-7055-5843.July 2024Romania's accession to the European Union has determined, among the many benefits, also trends in the manifestation of criminal ideas, such as organized crossborder crime. This aspect boosted the development of concrete and effective legislative frameworks, which contravene the anti-social behavior of the nationals of the member states.Judicial cooperation in criminal matters is based on the principle of mutual recognition of court judgments and judicial decisions and includes measures to connect Member States' legislation in several areas. Thus, this article proposes the analysis of the European investigation order, as one of the main means of obtaining evidence in the European criminal process. -
ASPECTS OF ARTIFICIAL INTELLIGENCE BASED ON HUMAN RIGHTS
Sidhanta KUMAR BALABANTARAY; Vasundhara; Amisha KUMARI; Abhishek EMMANUAL HANSDAKJuly 2024The applications of artificial intelligence is definitely useful towards beneficial of society and can preserve all positive aspects linked with society. The primary intention in this study is to focus on impacts of artificial intelligence from social and legal perspectives. This specific application in general may be provisioned with executable framework addressing the challenges enhancing the usage of several applications linked with human rights. However, this study may not be so inclusive on the technological and business oriented aspects, but more inclined with the legal, social as well as algorithmic aspects. Usually, artificial intelligence is designed to perform specific functions in a way better and efficiently. Of course the perception of the development may revolve around its propensity to interfere with human rights. Usually, the experimentation on the intelligent system may not be identical as carried out by traditional mechanisms; somehow the relation of an intelligent system emanating from Artificial Intelligence may not include the rights in all respects. Also as a part of contribution, it can ease the day to day activities and monitor the human rights effectively. In this work, the several aspects of intelligence based on human rights are prioritized. -
DOCTRINARY AND CASE-LAW ASPECTS OF THE LEGAL INSTITUTION OF REMOVAL FROM OFFICE
Florina MITROFANJuly 2024This study starts from the analysis of the public office as a specific legal institution of administrative law, highlighting the particularities in doctrine and case law that constitute elements that may lead to dismissal from public office. -
ARTIFICIAL INTELLIGENCE, PLAGIARISM AND UNIVERSITIES
Marius VĂCĂRELUJuly 2024Education is a crucial sector of society, but it does not always receive the attention from governments that it rightly deserves. Nevertheless, many of its issues are not solely dependent on the funding brought into the system, but rather on a comprehensive, integrated approach to the entire education system. The advent of the Internet – as the first major step in digitalisation – and subsequently the capabilities of Artificial Intelligence (AI) have disrupted a functioning logic that has been established for centuries, which has not been advantageous for the system. However, these technologies are here, and their effects on education multiply every day, one of which is an almost natural increase: plagiarism in universities. The contemporary context necessitates – across the full spectrum of digital systems' capabilities – that the debate on plagiarism and its prevention holds a prominent place. This is essential to preempt the numerous issues that will inevitably arise should there be a lack of prudent regulation. The text I propose will examine this situation within the dynamic framework of advancing Artificial Intelligence capabilities. -
INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS - EUROPEAN AND ROMANIAN ITINERARY
Camelia MORĂREANU DRAGNEAJuly 2024Confronting criminal phenomena that go beyond the borders of their own territories, states have realized that only their own tools to combat them are insufficient, requiring a joint effort. In the effort to combat the phenomenon of crime, it was realized that the best results against crime can only be obtained through an extensive and complex cooperative activity. In this material, we will highlight the historical course of international judicial cooperation in criminal matters on the European continent, but also in the Romanian national framework. -
THE FUNCTIONS OF THE INSURANCE OPERATION
Insurance, through its valences, of an economic, technical and legal nature, also fulfills socio-economic functions to which is added the protection of people and goods against various risks. These materialize in the following functions: compensation of damages caused to the insured, prevention of damages, of a financial nature, as a result of the establishment of the insurance fund, of distribution in the process of distributing the annual profit, of control, of saving, of supporting the state. -
ARTIFICIAL INTELLIGENCE (AI) - “ALLY” IN THE SUCCESS OF INSOLVENCY AND RESTRUCTURING PRACTICES
The central objective of our research is to analyze and evaluate the digital transformation in the insolvency area, by identifying transformative methods and technologies that allow the robotic automation of processes, simplifying the work of insolvency practitioners, the acceleration of repetitive tasks, the creation of platforms for virtual tours of the insolvent debtor's assets by creditors and more, all of which create opportunities for legislative reform and ensuring the success of global and local insolvency practices, helping to shape and strengthen a "rescue culture", in accordance with ethical guidelines in business. What we propose is to outline answers to questions such as: Can AI become an “ally” of the debtor for the successful implementation of a judicial reorganization plan or for making a correct decision, in the sense of reorganization or liquidation of their business, anticipating economic changes and potential profit results? Is AI able to provide tailored specialist assistance to a debtor in financial difficulty, so that it adopts the optimal solutions for the recovery of the business in a timely manner? Can AI become a real support in the work of insolvency practitioners? Can AI provide the necessary support in the (r)evolution and success of insolvency practices, with an impact on the effervescence of restructuring and reorganization cases? -
BUSINESS ETHICS FROM THE PERSPECTIVE OF CORPORATE SOCIAL RESPONSABILITY
Fábio da SILVA VEIGA; Anna Flávia AZEVEDOJuly 2024This work intends to provide a brief exposition of some concepts frequently used in Business Law nowadays, and subsequently to analyze the relevance of these themes, how they can be employed as a smokescreen to conceal the true interests of business management. In addition, it seeks to discuss ISO 26000, the 2030 Agenda and the correlation of these commitments with business management practices and the commitment to social responsibility. Finally, yet importantly, it presents the challenge of data analysis since the interest in profit is achieved by companies even when it is not openly defended that this is the organization's priority. Furthermore, the power that information on social networks and social judgment on corporate actions have is a relevant point in terms of strategy and corporate culture. Keywords: Corporate social responsibility, business ethics, corporate conduct duty. -
ARTIFICIAL INTELIGENCE AND BIOLAW IN THE “FUTURE” SURGICAL INTERVENTIONS PERFORMED BY ROBOTS WITH A.I VERSUS TELEMEDICINE
João PROENÇA XAVIER; Giovana CRUZJuly 2024This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time now, can unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being. -
COMPLAINT FOR LENGTHINESS OF PROCEEDINGS IN THE LIGHT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND POLISH LEGAL SOLUTIONS
Igor ZGOLINSKIJuly 2024The institution of a complaint for violation of a party's right to a hearing within a reasonable time has two clearly distinguishable legal dimensions. The first is the European dimension, which became in Poland the cause of the introduction into the legal order of the relevant legal solutions related to the excessively long and harmful to the parties conduct of proceedings before the judicial authorities. As a consequence, the second legal dimension - domestic - was created. Originally, it concerned only the determination of protractedness in a given judicial proceeding. With the passage of years, the strong influence of ECHR case law has resulted in the evolution of domestic normative construction and their extension to pre-trial proceedings, conducted by law enforcement agencies, and to enforcement proceedings, conducted by bailiffs. This interesting coincidence is the main content of the article, which discusses in detail the most important threads of the title issue and reveals the main practical aspects related to the application of legal norms dedicated to persons against whom the judicial authorities act too dilatorily. -
HORIZONTAL EFFICACY OF FUNDAMENTAL RIGHTS IN BRAZIL
As we know, fundamental rights are the result of a long process of historical maturation, which involves struggle, achievements and sometimes even setbacks. The meaning of the expression “horizontal effectiveness” points to the effectiveness of fundamental rights in the course of private relationships, that is, to those relationships in which the State does not act directly. -
THE RULE OF LAW AS THE BASIS OF CONSTITUTIONALISM
The rule of law is the central principle of every human-centered, i.e. liberaldemocratic constitution. The state community is bound to the law in its hierarchical structure; the primacy of the constitution is essential to today's constitutionalism and extends the earlier restriction of the rule of law to legality, i.e. to the primacy of the simple law over the executive. The normative existence of this principle is independent of whether it is a written or unwritten part of the constitutional order. The example of Great Britain, with parliamentary sovereignty as the supreme constitutional principle, shows how difficult it is to safeguard the rule of law against unrestricted access by the legislature. From a comparative legal perspective, a constitutional model of the rule of law has emerged.
ISSN print: 1583-1809
ISSN online: 2344-4908
Nr.2/2025
SCIENTIFIC BULLETIN - ECONOMIC SCIENCES
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