bluuebunny/crossref_metadata_2025 huggingface dataset:
THE CLASSIFICATION OF COMPANIES REGARDING THE COMMERCIAL ACTIVITY
Authors: Vidican Roxana Denisa , Florian Radu-Gheorghe
Published: February 2020

The article deals with legal forms of companies incorporated in Romania according to different classification criteria with lega
BOKO HARAM INSURGENCY AND ITS IMPLICATIONS ON THE RIGHTS OF THE FEMALE GENDER IN NIGERIA
Authors: Olugbenga Oke-Samuel , St. Emmanuel S. Ayooluwa
Published: February 2020

The Boko Haram insurgency in Northern Nigeria and counter-insurgency measures adopted by the Nigerian Government has caused humanitarian crises and wanton destruction, thereby having adverse impact on the Nigerian nation and its citizenry especially the female gender. The situation has aggravated and degenerated into internal displacement, loss of livelihood and criminal acts such as abduction, murder and rape. This paper examines the various human rights violations perpetrated on the female gender as a result of the insurgency and counter-insurgency operations, it highlights the various women and girls’ rights instruments and in conclusion, posits that gender equality, economic empowerment for female folks, partnership with foreign superpowers and adopting an effective intelligence network are possible means of putting a stop to the insurgency and reducing its effect on the female gender in the Country.
THE INTERDISCIPLINARITY OF THE SCIENTIFIC RESEARCH OF LAW. THE INSOLVENCY INSTITUTION – AN INTEGRATIVE AREA CONFIGURED AND RESIZED BY THE INTERSECTION OF THE LEGAL, ECONOMIC AND SOCIAL REALITIES
Authors: Didea Ionel , Ilie Diana Maria , Vidican Roxana-Denisa
Published: February 2020

Law is a dynamic social phenomenon reconfigured and re-dimensioned by the continuous and complex changes of the society, the multidisciplinary and especially the interdisciplinary of scientific research ensuring the dynamics of the norms of law outlined in the light of an integrative knowledge so necessary in the postmodern era.
LIMITATION OF THE RIGHT TO REQUIRE ENFORCEMENT UNDER THE RULE OF THE NEW CIVIL PROCEDURE CODE OF AN ENFORCEMENT ORDER OBTAINED BEFORE ITS ENTRY INTO FORCE
Authors: DOMOCOȘ Carmen Adriana
Published: February 2020

In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satisfied that it can no longer be enforced, and the creditor knows that he no longer benefits from the coercive force of the state in order to recover his debt. On the other hand, to oblige the creditor to enforce a temporarily enforceable decision, about which he has no certainty that it will be upheld on appeal, means violating the very principle of the security of legal relationships, which the legislator intended to protect.
THE AUTHENTIC WILL BETWEEN THEORY AND PRACTICE
Authors: Ionaș Diana Geanina , DINU Cristina
Published: February 2020

A will is the unilateral, personal and revocable judicial act through which a person, called a testator, rules for the time when he is no longer alive. A specific form of will regulated by law is the authentic will. It is characterized by the fact that the will of the testator is drawn up in authentic form, the testator is advised, and thus the will acquires the specific force of the authentic act. What differentiates the authentic will from other forms of will is the authentication procedure, which is described within this article. This procedure ensures the protection of the testator’s will, the full understanding of the effects of a legal act with death cause.
EMPLOYEES PARTICIPATION RIGHTS - THE TRANSPOSITION OF THE ARTICLE 16 OF DIRECTIVE 2005/56/CE ON CROSS-BORDER MERGER IN THE MEMBER STATES
Authors: Bejan Felicia
Published: February 2020

The participation right of employees to the administration and supervision of companies is an aspect that may have a significant influence on the profile of a cross-border merger. In European Law, this right is protected through article no. 16 of the Directive 2005/56/EC on cross-border mergers, completed with Regulation(EC) 2157/2001 in the Statute for a European company and with Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employee. The current study aims to offer an analysis of the transposition of the Article 16 of Directive 2005/56/CE on cross-border merger in the national laws of some Member States and to underline the differences between the legal regimes in these legal systems. The research is of interest in the domain, whereas the level of employee participation in different states and a comparative perspective are criteria taken into consideration in the make-decision process regarding the country where the resulting company from a cross-border merger shall set up its headquarter.
THE BASIC ELEMENTS OF THE TESTAMENT IN THE ENGLISH LEGISLATION
Authors: Rath Boșca Laura-Dumitrana , Bodea Bogdan
Published: February 2020

Common Law represents the second biggest contemporary judicial system. Immanent to a historical process which led to the creation of a community, common law represents a form of social solidarity. It is not the result of any social consent to obey a law as much as it is the participation of the society, through its exceptions, to the process of elaborating the law by which it functions. So, society itself is through a sort of syncretism the common law.One the elementary concepts of common law is the doctrine of precedent which functions in parallel with organic laws in order to enhance both the results of judicial cases and the efficiency of the cases. In the English law, the testament is a representation of the wishes of a defunct person and the declaration of that persons wishes in relation to the belongings he wished to pass on after his death.
PENAL MEDIATION FROM A PERSPECTIVE OF SOCIAL CONTROL. FRENCH AND SPANISH EXPERIENCES
Authors: PALERMO Giovanna
Published: February 2020

This research is focused on the penal mediation that is resorted in social, educational, family, cultural, criminal and other conflicts, in order to obtain recognition not only in terms of otherness, but above all of collective belonging. The article presents cases of mediation in France and in Spain. The main idea is that mediation can be used in all the systems in which the conflictual dynamics are manifested.
PRACTICAL NOTIONS REGARDING THE CONTRACTUAL PROVISION ON THE WARANTY AGAINST THE EVICTION OF SELLING CONTRACTS
Authors: STOICA Veronica , GARJAU Elena (Rada)
Published: February 2020

The contractual provision on the warranty against eviction is a matter in which the parties involved in the making of a selling contract often have tight negotiations. Many times the seller is looking for the exemption of provision of warranty, but is such a clause legally available? In the following we will present you the procedure in which the parties can limit or extend the provision aginst eviction.
VIEWS ON THE OFFENCE OF HUMAN TRAFFICKING
Authors: PORUMB VLAD-ALEXANDRU
Published: February 2020

In the international background of the current period, Romania is included in the "Balkan Route" of illegal migration, which influences all the main areas of society, including the security of the state and that of its citizens.One of the main issues in the last decade, at national and international level, is the human trafficking, linked to the illegal migration, which is constantly increasing.Human trafficking is an offense which affects human rights, with profound economic and social interference, due to the mobility and perceivable advantages of the phenomenon.Until 2014, human trafficking was provided for by law 678/2001 regarding the prevention and control of human trafficking, but with the entry into force of the New Criminal Code this offense was covered by the same code, provided by art. 210.1
LEGAL PROTECTION AND SOCIAL REINTEGRATION OF HUMAN TRAFFICKING VICTIMS
Authors: Armeanu Andrei
Published: February 2020

As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania.
THE EUROPEAN PUBLIC PROSECUTOR'S OFFICE - AN INSTITUTION WITH A FUNDAMENTAL ROLE IN DEFINING THE EUROPEAN SECURITY SPACE
Authors: Iancu Elena-Ana , Jigău Cătălin
Published: February 2020

The security of the European space involves both an external and an internal component. The European authorities play an essential role in ensuring the internal security of the Community through both the security policy and the efficiency of the Community institutions. The European Public Prosecutor's Office represents a newly established institution, which through its form of organization as well as its attributions aims to ensure the internal security of the Community in the aspect of combating offenses against the financial interests of the European Union. By cooperating with the other European institutions and state authorities, the European Public Prosecutor's Office will play a decisive role in the fight against corruption.
DEVIANCE IN THE ECONOMIC BEHAVIOUR AT THE AGE OF ADOLESCENCE
Authors: Ungureanu Gabriel
Published: February 2020

The main cause of poverty is the extended economic crisis, among others due to theirrational closing down of hundreds of companies, plants and its emergenet consequence,namely unemployment. Although poverty cannot be considered a direct cause of juveniledelinquency, it strongly influences the way in which families educate their children and theuse of illegitimate methods as “solutions”. ". Poverty favours the phenomenon “children ofthe street”, and in turn this „supplies” the statistics of juvenile delinquency. Delinquency,thefts, prostitution and drugs economically add up to the desire of ignorant youngsters to“handle” and find “solutions” in the current society’s incipient state of anomie.
DISCIPLINARY RESPONSABILITY OF TEACHERS IN HIGHER EDUCATION
Authors: Andra Puran Andra Puran
Published: February 2020

The regulations contained in Law no.1/2011, complete the common regulations thatcan be found the Labor Code. This way, the teachers in university education are going to bepenalized disciplinarily, as much for the infringement of the common law directives (LaborCode), as for the behavior rules violation that prejudice the Education System interest and theinstitution’s name, directives contained in the University Charta. Analyzing the regulationsfrom Law 1/2011, I observed some deficiencies of regulations2 concerning the disciplinaryresponsibility of teachers in higher education.
LOCAL LEGAL RELATIONS IN THE CONTEXT OF ADMINISTRATIVE DECENTRALIZATION. PROSPECTS AND CHALLENGES
Authors: Alexandru Dana Georgeta , Olteanu (Popescu) Mihaela
Published: February 2020

Local legal relations have evolved steadily over the past twenty years, so now we arewitnessing a redefinition of their concept, with the purpose of overcoming the traditionallocal autonomy in recognition of certain international legal capacity of local communities toparticipate in forms of decentralized cooperation.The goal of our research is to identify new actors in the international relations, localcommunities, which under EU law and the Council of Europe acquire certain powers thatwould allow them, at least theoretically, employment among secondary actors on the stage ofinternational law.The study presents an examination of the documents governing international or localcooperation with the ultimate aim to highlight the consequences of these forms ofcooperation, which they produce in the context of administrative decentralization.
PSYCHOLOGICAL APPROACH OF WITNESS AND JUDICIAL TESTIMONY
Authors: Pocora Monica , Pocora Mihail-Silviu
Published: February 2020

Testimony is one of the most important evidence, but in terms of doctrine and case, itappears a controversial approach to interpretation. This study aims to be an interdisciplinaryapproach, to highlight the psycho-legal elements, both of witness and testimony, elements ofcriminal procedural law. The method used in developing this approach is especiallyobservation and managed by highlight, to connect the legal, criminal and psychological fieldin a delicate way.
PECULIARITIES IN INVESTIGATING THE CRIME SCENE IN CASE OF EXPLOSIONS
Authors: Buzatu Nicoleta-Elena
Published: February 2020

Explosions are a real threat for the life, the bodily integrity and the health of thepeople, as well as for the public and private property. The investigation of the crime scene is ahigh risk activity because of the complexity of the large scale damages, the large areainvolved due to the blast of the explosion and to the partial character of the imprints.According to the Romanian penal legislation, explosions are not considered to be independentinfringements of the law; yet they are defined as means of producing other infringements as,for instance, the infringement of destruction in an aggravating stage, as stipulated by the PenalCode.
THE PROCEDURAL AND NORMATIVE OVERSIGHTS WHEN DOING A SURVEY REPORT. THE MEDICAL-LEGAL EXPERTISE VERSUS JUDICIAL SURVEY IN MEDICINE
Authors: Chipurici Adrian-Marius
Published: February 2020

The study attempts to present an abnormality in the Romanian system of expertise.I will pass in review the normative documents that regulate the medical-legal expert’sactivity and those that organize the activity of the judicial expert in medicine, ascertaining adifferent way of approaching the two kinds of expertise, especially the criminal one, by thebodies with judicial responsibilities. In the end, there are solutions advanced with a view tonormalizing the situation.
WORKERS’ REPRESENTATIVES
Authors: Hurbean Ada
Published: February 2020

This study deals with the institution representatives of the employees, the onlypossibility, regulated by the law, to defense and promotion the interests of employees, in theabsence of a trade union representative at the level of the unit. Therefore, we are in thepresence of alternative to trade union representation, whereas, in principle, coexistencebetween the two is out of the question.Topics studied has known substantive changes with the entry into force of the Law No40/2011, both in respect of the conditions of eligibility of representatives of the employees, aswell as in respect of measures of legal protection for them. Therefore, we want to do acomparative overview of the old and new provisions equal in the matter.
CONSIDERATIONS ON THE NECESSITY OF USING THE CONCEPT OF PUBLIC ADMINISTRATION IN THE CONSTITUTIONAL FOUNDATION OF PUBLIC ADMINISTRATION IN THE FUTURE CONSTITUTION
Authors: Nicu Alina-Livia
Published: February 2020

AbstractBeginning with the current social reality which described political actors preoccupiedwith the review of the Romanian Constitution, the present paper outlines the idea that the newRomanian Constitution has to offer, more than ever, the foundation for a clear, precise,coherent and concise legislation. This necessity is felt in all the areas related to the social life,but especially in public administration. Given that it is the moment for debates at the level ofthe society regarding how the future Constitution must look like, it has been asserted asappropriate to recall into discussion an idea stated since 2003 at monograph level. Accordingto this idea, in the activity of molding the system of structures exerting public powerprerogatives in general and molding the Romanian administrative system in particular, it isnecessary and useful to use the concept of public institution as construction element used tocraft the architecture the legislator desires. The proposal is argued as a critical analysis ofreference regulations in this area. Proposals for lege ferenda are also made.
CONSIDERATIONS REGARDING ENVIRONMENT PROTECTION IN HUMAN SETTLEMENTS
Authors: Paraschiv Gavril
Published: February 2020

Across time, the concept regarding the quality of life determined public authorities totake into consideration the improvement of urban and rural space, the zoning, the servitudes,imposed on individuals and even authorities, being gradually accepted in the name of thenecessity for a collective welfare, including from the point of view of the natural environment.Inveterated legal regulation, which concern the protection of ancient monuments in order tosave common cultural heritage, were gradually added to the ecological requests, which tendto acquire preponderance compared to the traditional domains of urbanism and territoryplanning.Human settlements represent the traditional environment of human communities, thusthe approach to their sustainable and ecological development must be primarily acquired.Resolving ecological issued in human settlements greatly depends of the dimensions oflocalities, of their relations with the free territory, of the nature and manner of exploiting thisterritory, of the existent resources, of the network communication means, of the industrialobjectives, etc. Thus many parameters must be taken into consideration when studying thehabitats of these settlements compared to those used in natural ecosystems.
CONSIDERATIONS WITH RESPECT TO THE JURISDICTION AND THE STRUCTURE OF THE COURT INVESTED WITH THE APPLICATION OF SUSPENDING THE LEGAL ENFORCEMENT IN THE NEW CODE OF CIVIL PROCEDURE
Authors: Horia Ţiţ Nicolae
Published: February 2020

AbstractThe new Romanian Code of civil procedure comprises a series of new legislativesolutions with respect to the jurisdiction and the structure of the court invested with therequest of suspending the legal enforcement. More specifically, in the case of provisionalsuspension of the execution, which will take effect up to the settlement of the application ofenforcement suspension made in the framework of the opposition to execution, the legalprovisions no longer expressly provide that it shall be settled by the chairman of the court,but only mentions that the demand shall be settled by the court. This article analyzes theimplications of the new regulations with regard to the matter of jurisdiction and the structureof the court, in respect of both former and new Code. Nevertheless, we shall analyzed thegeneral legal rules on the jurisdiction of the court in the settlement of suspension, withreference to its competence in solving the opposition to enforcement and we shall highlightthe provisions relating to the application in time of the legal provisions contained in the newCode of civil procedure.
CORRELATIONS BETWEEN THE EVOLUTION OF INTERNATIONAL RELATIONS AND PERFECTING THE INTERNATIONAL MEANS OF PROTECTING HUMAN RIGHTS
Authors: Paraschiv Elena
Published: February 2020

The evolution of relations between states made necessary the establishment, at aninternational level, of certain behavioural regulations and fundamental principles, whoseviolation may cause prejudices to the collaboration relationships developed among states.Thus, over time these were consecrated by customary rules, treaties or other internationalconventions, imperative norms of conduct, which are strictly imposed to all partners atinternational juridical relations1.Moreover, international norms which aim at respecting the fundamental human rightsand liberties were adopted, thus contributing to the defense of the universal values ofhumanity.
LEGAL ETHICS, A NEED FOR THE GOOD ADMINISTRATION OF JUSTICE
Authors: Rath Boşca Laura-Dumitrana
Published: February 2020

Ethics is the science of behavior and habits, a theoretical study of the principles thatgovern practical maters and moral represents all the means necessary for leaving.Ethics consists of a number of rules that are shared by a certain community, rules thatare essential for defining good and evil.Being a branch of juridical science ethics analyses personal and professional conduitof the jurist it also manifests attention for the ethic of laws.
LIABILITY OF THE PRESIDENT IN LITHUANIA. THE CASE OF PRESIDENT ROLANDAS PAKSAS
Authors: Simion Mihaela
Published: February 2020

The purpose of this paper is to analyse the legal framework of liability of the presidentin Lithuania. The particular interest for this model is due to the fact that Lithuania was thefirst and only (until this year) European Union member country where the procedure ofimpeachment of the President was finished by his dismissal. More specifically, in 2004,Rolandas Paksas became the first European president who was dismissed as a result oftriggering the constitutional impeachment proceedings.In the present context, when the liability of the Heads of State is increasinglyquestioned, the Lithuanian case is worth being evoked and known, because it represents abenchmark for all those who are preoccupied, theoretically or practically, by this matter.
PROTECTION OF HUMAN RIGHTS IN EUROPEAN COMPETION LAW
Authors: Ungureanu Diana Elena
Published: February 2020

One of the most common defenses raised by businesses inspected by the Commissionrelates to violations of privacy, correspondence and home, protected by article 8 of theConvention, namely that the Commission's investigative powers, often regarded as excessiveor exorbitant discretionary do not meet the standard of "necessary measure in a democraticsociety", set out in article 8 paragr. 2 of the Convention to justify interference under paragr.
THE ROLE OF THE PROSECUTOR IN THE INVESTIGATIONS AND PROSECUTION PHASES OF THE CRIMINAL PROCESS IN THE LIGHT OF THE NEW ROMANIAN CODE OF CRIMINAL PROCEDURE
Authors: Lascu Liviu Alexandru
Published: February 2020

Among the other important changes the new Romanian Code of Criminal Procedurehave introduced in the criminal proceedings, those concerning the activity of investigatingand prosecuting entail some clarifications of the attributions, a renaming of certaindocuments and acts issued by the Prosecutor, as well as expand the possibility for theinvestigators or the Prosecutor for gathering any kind of evidence during the investigationphases. In the same time, the legislator created guaranties of respecting the legal rights andfreedoms for the suspected person in as manner as for the prosecuted person.
ANALYSIS OF NORMATIVE AND SOCIAL ASPECTS OF PUBLIC PROTECTION OF WAGES
Authors: Nenu Carmen Constantina
Published: February 2020

The need to protect employee wages is based on the premise that these wages fulfill avital function of maintenance and support of the employee and his family. Wage protectiontools provided by the legislation seek to ensure the actual receipt of payment by theemployer, either wholly or in a minimal part, even when their employer is in a situation ofinsolvency or inability to meet debt payment.
THE FAMILY - A BIOLOGICAL, SOCIAL AND JURIDICAL REALITY
Authors: Moldovan Iosif Florin
Published: February 2020

The family is a biological reality entailed by the union between a man and a womanand by procreation; it is a social reality, given the community of life between the spouses,between parents and children and, generally, between the family members; last but not least,it is a legal reality, by way of the legal regulations regarding the family.In a narrow sense, the notion of the family includes the spouses and their minorchildren. In a broader sense, the notion of the family would mean the genealogical tree thatincludes the totality of the persons descended from a common author, to whom are added thespouses of those persons.A precise and rigorous definition of the notion of family is hindered by manydifficulties, simply because it is an object of research in various and numerous sciences,such as sociology, psychology, law, medicine, etc., each trying to capture its characteristicaspects from their particular angles. The motivation? The legislators themselves are notconsistent in establishing a legal definition of the family, providing this notion with an arrayof different meanings.In this paper, we will attempt to outline and account for these realities of the familyfrom a legal standpoint, as evinced by various statutory regulations in this field.
IMPORTANCE AND NECESSITY OF INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS
Authors: Modiga Georgeta
Published: February 2020

After careful consideration, we can say that in evolution, human society was and isthreatened by a number of factors that can be generally divided into internal, external andnatural. Currently, it is difficult to assess which are the most dangerous threats to acommunity, requiring a rather complex analysis that ultimately will reveal that each threat asminor should be duly untreated immediate reaction in terms of society, can become a realthreat as less than or greater. The unprecedented development of international relations incontemporary society has been accompanied by an increase also unprecedented,international crime, the proliferation of forms of organized crime in several states.
REGARDING TO THE ACTIVE ROLE OF THE NATIONAL AGENCY OF FISCAL ADMINISTRATION
Authors: Cîrmaciu Diana
Published: February 2020

The National Agency for Fiscal Administration was incorporated on 1 October 2003subordinated to the Ministry of Public Finances, by Government Ordinance no. 86/2003, as aspecialized body of the central public administration. Starting with January 2004 it becameoperational, acquiring the capacity of institution with its own legal personality, by splittingthe directorates in charge of the state income administration within the Ministry of PublicFinances.
THE ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN KUWAIT
Authors: Badah Saad
Published: February 2020

This article is an analysis of the enforcement of foreign arbitral awards in Kuwait, an Islamicnation governed by Sharia law. The need for this analysis stems from the potential conflictbetween the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)(the ‘New York Convention’)(which came into effect in Kuwait on 27 July 1978)and Sharia lawand the need to merge the two into a cohesive legal system.The Gulf Cooperation Council (GCC)has a representative office in Kuwait that facilitates the applicable provisions contained therein.
HACKING AND COMPUTER CRIMES COMPUTER FRAUD – A COMPARATIVE LOOK AT THE NEW CRIMINAL CODE AND THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA
Authors: Drăgan Alin Teodorus
Published: February 2020

Hacking involves the attempt to compromise the security of a computer system in orderto gain unauthorized access. In the course of time it has turned out that the Internet is avulnerable system, and this has generated a framework for criminal activities, resulting in theemergence of new crimes, among which computer fraud.
DUTIES OF THE LOCAL POLICE REGARDING THE SECURITY OF OBJECTIVES, GOODS, VALUABLES AND THE PROTECTION OF INDIVIDUALS
Authors: Mateaș Florin
Published: February 2020

Security is that which ensures the well-being and the protection of the individual, as wellas everything that is related to the human being: food, economy, education, environment, etc.Fighting crime as a way of providing the security of mankind “must take into account the respectfor human rights”. All modern human communities have come to understand the need tointensify concerns in order to extinguish states of conflict since their early phase. Therefore, theattention of policy makers and analysts in each human settlement turns increasingly towardthose events, processes and phenomena that can give rise to dangerous contradictions, trying todiscover, examine, master them, constantly keeping them under control.
BRIEF CONSIDERATOINS REGARDING THE JURIDICAL PROTECTION OF PRIVATE LIFE IN THE REGULATION OF THE NEW ROMANIAN CIVIL CODE
Authors: Georgeta Valeria Georgeta Valeria
Published: February 2020

This article, entitled Brief Considerations Regarding the Juridical Protection of PrivateLife in the Regulation of the New Romanian civil Code, examines the new legal regime of howthe private life of the person is respected, in connection to the inseparable link between the rightto a private life, lato sensu, and its four intrinsic rights – the right to freedom of speech, the rightof the person to dignity, the right to a private life and image rights.The regulation was imperatively necessary, both to complete the framework of the valuesguaranteed by art. 8 of the European Convention of Human Rights, but also to establish aninterference between the concept of private life and personal privacy, in the context of theexcessive broadcasting of peoples’ private lives.
CONSIDERATIONS ON THE "INTERNATIONAL CHARTER OF HUMAN RIGHTS"
Authors: Tanasescu Tudor
Published: February 2020

"International Charter of human rights" is generic name under which shall meet themain international instruments relating to human rights, namely: Universal Declaration ofHuman Rights, the International Pact on civil and political rights, the International Pact oneconomic, social and cultural rights and the two optional Protocols at International Pact oncivil and political rights. Documents forming "The Charter of International human rights"have represented international instruments which have been triggered an active process inthe evolution of legal instruments and mechanisms consecrating and protection of the humanbeing in universal and regional plan.In this way at the international relations the man is now a supreme value to beprotected and promoted.
DICTIONARY UPDATED WITH TERMS RELATED TO THE LOCAL POLICE
Authors: Mateaș Florin
Published: February 2020

The Local Police, who are a body in the service of society, not a “force” used in society, fulfill according to the European Code of Police Ethics three main tasks: first, to ensure compliance with the laws, secondly, to help people who are in danger or trouble and, thirdly, to help people in their relationship with other institutions or individuals.  We have defined the significant terms and concepts that we used throughout the paper. Secondly, we have presented the theoretical framework by using the analytical method, while also detecting the relevant items in the construction of the terms, and we have illustrated and shown the practical, applicable side of the core topics being analyzed, managing to provide a number of applications of the theoretical aspects, which bring forth the pragmatic finality of the latter.
ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY
Authors: Denisa Barbu
Published: February 2020

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.
CONSIDERATIONS ON THE LIMITS OF THE PRIVATE PROPERTY RIGHT AND ITS IMPLICATIONS IN THE CONCEPT OF URBAN RENEWAL
Authors: Ciudin- Colţa Smărăndiţa - Elena
Published: February 2020

The purpose of our paper is to analyze the concept of “urban renewal”, defined by the Wallonian code on land use planning, urban planning, patrimony and energy and by the provisions of the French laws as the phenomenon by means of which towns and cities evolve in order to face new community needs. Urban renewal is closely connected to servitudes and private property limits, to which we will refer in the light of the provisions of the New Civil Code of Romania.
ABUSIVE CLAUSES IN INSURANCES DOMAIN
Authors: Gălăţeanu Oana Elena
Published: February 2020

The occurrence and development of some specialised domains in selling off products and in providing services have generated also new forms of contracts, like adhesion contracts and typical contracts. Through their specificity, they lead to the occurrence of an imbalance between the services provided by the contracting parties, not in favour of the consumer or of the client, allowing the occurrence of abusive contractual clauses. Such clauses can occur also in the contracts concluded in the insurances domain, contracts that have their character of adhesion as a specificity element, the professional insurer being the one who establishes the clauses and the insured client adheres or not to them, not being able to negotiate.            In this paper there are presented some clauses from the contracts concluded in insurances area that can be considered abusive.
ELECTORAL OFFENCES AFTER THE ENTRANCE INTO FORCE OF THE NEW CRIMINAL CODE
Authors: Morăreanu Camelia Maria , Creţu Daniel
Published: February 2020

The entrance into force of the new Criminal Code – namely of the Law No 286/2009 – on the 1st of February 2014 has brought a series of modifications in the constitutive content of the offences stated by the old Criminal Code, also introducing some new ones. Also, this new legislative document took over a series of offences stated, until its entrance into force, by many special laws, grouping them in its content. Under this scope was registered the introduction in the new Criminal Code of the electoral offences – offences which until the 1st of February 2014 were stated by the special laws to which we shall refer in this paper.
PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA
Authors: Olokooba Saka Muhammed , Adebayo M.K.
Published: February 2020

Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.
FROM ISLAM TO JIHAD COGNITION
Authors: Bereczki Raul Ludovic
Published: February 2020

We hope that a world which crossed over the multi-polarism stood in the bipolar era and recognized another evolution in the unipolar world contested by some civilizations will transform itself in a multipolar world. Will this world bring peace and prosperity that we so much wish for or will it break the global world and will it be the source of these conflicts full of blood.I consider that the answer is just our resources of imposing ourselves a unique way of existence pax globala.
A COMPARATIVE INQUIRY ON THE MATRIMONIAL DONATIONS IN THE FRENCH AND ROMANIAN LAW
Authors: Codrea Codrin
Published: February 2020

This article analyses in a comparative manner the legal regime of the donations related to the marriage in the French and in the Romanian legal systems. In the French Civil Code there are detailed provisions of the donations made in relation to the marriage, which cover a broader area of donations than the provisions in the Romanian Civil Code which refer only to the donations between spouses.
THE IMPORTANCE OF APPLYING THE GENDER EQUALITY PRINCIPLE AT INSTITUTIONAL LEVEL
Authors: Cordos Alexandru
Published: February 2020

Gender equality, as a fundamental principle of the European Union, is included in a series of legislative and non-legislative documents recommending a balanced participation of both genders in the drafting and adoption of major decisions in the political and social fields, as a vital component in the development of a real democracy and a decisive factor of economic growth.In terms of the degree of labour employment, gender equality is reflected in the need to promote equally women and men in the labour market, particularly in leading positions.According to the European Commission’s report, women in European countries are still underrepresented in leadership positions, although there has been some general progress. Compared to the situation recorded ten years ago, at EU level, there was an increase by 16% of women involved in politics and appointed to ministerial posts.The drafting of the first National Strategy on Equal Opportunities for Women and Men adopted by Government Decision no. 319/2006 approving the National Strategy on Equal Opportunities for Women and Men for the period 2006-2009 and of the General Action Plan for Implementing the National Strategy on Equal Opportunities for Women and Men for the period 2006-2009.This shows that women in Romania still experience gender discrimination, and this is true for areas of economy where women are the majority, as well as for those where men are the majority. The result is the emergence of occupational gender segregation, feminized occupational fields are generally lower paid. Although progress has been made both in the field of education and that of labour employment, women still have many obstacles to pass before achieving real equality.The efforts to be made in order to strengthen gender equality must address not only the improvement of legislation in the field of opportunity and gender equality, but also a change in attitudes and behaviours, in social structures, so as to allow women to develop their personality according to their own will and be actively involved in all areas of life.
CONSIDERATIONS ON THE INTERNATIONAL REGULATIONS RELATING TO THE SANCTIONING OF ACTS HARMING THE ENVIRONMENT
Authors: Paraschiv Daniel-Ștefan
Published: February 2020

Even if international law manifested initially as quite reluctant in the acceptance and, especially, the massive international liability for environmental damage, since the second half of the twentieth century were adopted several international legal instruments of general and special nature which include regulations on environmental protection measures, but also on the liability of those guilty of altering it.
CONSIDERATIONS REGARDING THE MEASURE OF OBTAINING DATA GENERATED OR PROCESSED BY PROVIDERS OF PUBLICLY AVAILABLE ELECTRONIC COMMUNICATIONS NETWORKS, DETAINED BY THEM, IN THE CONTEXT OF DECISION NO. 440/2014 OF THE CONSTITUTIONAL COURT
Authors: Uzlău Andreea Simona , Uzlău Carmen M.
Published: February 2020

The work analyzes the practical effects in national plan of the preliminary judgment delivered by the Court of Justice of the European Union concerning Directive 2006/24/EC on the retention of data generated or processed by providers of networks and electronic communications services for the public and amendment of Directive 2002/58/EC and of decision of the Constitutional Court No. 440 of 8 July 2014
MEDIA CONSUMPTION AND SPACE MANAGEMENT IN THE SOCIAL SCIENCES
Authors: Mocanasu Florentina Nina
Published: February 2020

Social actors claim that sociology studies social reality as a whole, but also concerns the parts, phenomena and processes of this reality, in their many and varied relationship to the whole. In the social space there are many groups that interact in this regard, and because of this there are many types of messages to reach one or the other of the groups.Public opinion is the reaction product of people's minds and the thinking sum of individual form groupthink.Management then applies individual problem then it analysis the public thinking. The reaction occurs using communication media between the individual and the mass of people bringing the two stakeholders to a common denominator and creating symbols that public thinking to answer.
PROPOSALS FOR LEGISLATIVE PREPARATION AND TRAINING IN THE FIELD OF ENVIRONMENTAL PROTECTION
Authors: Peia Ninel M.
Published: February 2020

The assessment of environment legislation drafting is an essential component in the process of modern and sustainable planning to which the well-being of human society at global, regional and local level, is directly connected. Maintaining the balance between the two categories of legislative structures, the environment and environmental protection, contributes to providing an appropriate level of environmental goods and services, limiting the scale of environmental conflicts, streamlining institutional flows and maintaining a high standard of the sanogenesis state of the environment and, therefore, of the population.
PRIMARY MATRIMONIAL REGIME AS REGULATED BY THE CURRENT ROMANIAN CIVIL CODE. MARRIAGE EXPENSES
Authors: Popescu Miron Gavril
Published: February 2020

Renouncing the binding nature of the legal matrimonial regime[1], upon adoption of the new Civil Code, the Romanian lawmaker consecrated the patrimonial freedom of the spouses to decide as they deem appropriate and fit with regard to the property that is the object of their property relations.  The New Civil Code establishes the principle of the freedom of choice of the matrimonial regime, the future spouses having the choice to enter, outside the regime of the legal community of property (the only possible matrimonial regime according to the previous regulation of the Family Code), into a matrimonial convention, on the basis of which they shall “join” either the separation of property regime or the conventional community of property regime.Regardless of the matrimonial regime chosen, whether legal or conventional, there is a common core of imperative, non-derogatory rules, which provide a minimal protection of the property relations between spouses.The imperative primary regime is enshrined in the Civil Code in force, in Book II, About Family, Title II – Marriage, Chapter VI – Property Rights and Obligations of Spouses, Section 1 – Common Provisions, Paragraph 1 – About the General Matrimonial Regime (Art. 312-320), Paragraph 2 – The Family Dwelling (Art.321-324), Paragraph 3 – Marriage Expenses (Art.325-328).In this article, the property obligations of the spouses present in the text of the law under the name of Marriage Expenses (Art. 325-328 Civil Code) are the subject of a legal review, highlighting a higher degree of concern on the part of the lawmaker, as compared to the current one, in drafting the Family Code, in terms of their regulation in relation to the accelerated dynamics of social relations.[1] Under the Family Code, which was abrogated with the entry into force of the current Romanian Civil Code, the matrimonial regime of the spouses was that of the community of goods, unique, mandatory and immutable. For development, see Vasilescu, P. Regimuri matrimoniale. Partea generală (Matrimonial Regimes. The General Part), Rosetti Publishing House,Bucharest, 2003, page 258;
THE CRIME INVESTIGATION ACTIVITY OF THE BORDER POLICE
Authors: Giurea Tiberiu
Published: February 2020

Following analysis, it has been concluded that in order for the criminal prosecution activity to become more effective, legislative amendments are required that would allow the activity of border police officers to be carried out under the exclusive control of the prosecutors.Ministry representatives claim that the effectiveness of the judicial police is diminished because of their double subordination and that the proposed legislative amendments allow for a clear delineation between judicial and administrative functions and guarantee the status of the police officers in the border police, whose professional career will depend exclusively on how their activity is evaluated by the magistrate overseeing the prosecution.
HISTORICAL EVOLUTION OF THE LAW
Authors: Tărchilă Petru
Published: February 2020

The entire community acted according to these rules because their disobedience had an influence on the survival of the entire community, as they had a powerful mystical and religious character. Sanction measures evolved along with the evolution of communities and they were applied to individuals who disobeyed and broke these rules. Thus, the first forms of human community used the death penalty (blood revenge[1]) as means of punishment for serious violation of the rules of coexistence. Later on, death penalty was replaced by the individual`s expulsion from the community and as communities evolved, material redemption was used instead of expulsion. The first judicial norms (the germs of law) developed among these social cohabitation, organization and behaviour rules. Judicial norms differed from other rules due to their compulsory character and by appeal to the coercive force of the community when they were broken by certain individuals. The change of social, customized norms into judicial norms and the emergence of law as independent entity take place along with the occurrence of state and public power rooted in the Greek – Roman Antiquity.  It has been set that law is a social phenomenon incidental to human society; thus, Romans have expressed this statement through the phrase: “ubi societas, ibi jus”, namely law occurs along with the society. Law, like society is not a static, immutable entity issued once and for all; they are under constant development and social-historical evolution. As social phenomenon, social law experiences a constant historical evolution, bearing the mark of historical periods and cultural, spiritual and religious features of nations.            [1][1] see I. Craiovan, Teoria generala a dreptului, Ed. Sibila, Craiova, 2009, pp. 11-15.
EXECUTIVE POWERS IN RELATIONS WITH THE PARLIAMENT. PART I
Authors: Şaramet Oana
Published: February 2020

By art. 1 para. (4), Romanian Constitution, republished, enshrined the principle of separation and balance of powers. Therefore, this principle implies the existence of collaboration but also of a mutual control between these powers, including between the legislative and executive power, thus being expressed the balance between these two powers. By constitutional established powers, the two central authorities of the executive power - the President of Romania and the Government - will participate at the observance and application of this principle, including by those duties they perform in their relations with the legislative power.
LEGISLATIVE FEATURES IN THE MATTER OF CORPORATE TAX: PRIVATE EDUCATIONAL INSTITUTIONS AND ACTIVITIES OF RESEARCH– DEVELOPMENT
Authors: Cîrmaciu Diana
Published: February 2020

There are often discussions about the ―dramatic‖ situation of the underfinancing of education and of research-development, about the continuous undervaluation and marginalization by the decision makers of these essential components of social life. In this context developed step by step in Romania the private educational system as well, preferred due to the material resources these units have, due to the motivated teachers, the methods used to outline the personalities of the children, etc.
THE HOLOGRAPHIC TESTAMENT
Authors: Ionaș Diana Geanina
Published: February 2020

Ad validitatem, the holographic testament must be handwritten, dated and signed entirely by the testator. The testator entirely handwriting the testament is seen as a guarantee of freedom to express the last will. The dating of the testament must be done by the testator in person. The date must meet two requirements: to be complete and to be exact. As a novelty in the Romanien New Civil Code, we find the need to fulfill a formal procedure subsequent to drawing up the testament and opening the inheritance. Steps to be taken in this regard assume, first, endorsing it for proof of non-alteration. The next stage in opening the holographic testament implies drawing up by a notary public or by the representative of the diplomatic mission, where testaments are drawn up abroad of the record of findings concerning the condition of the testament.