bluuebunny/crossref_metadata_2025 huggingface dataset:
ROBERT MUGABE’S SIEGE ON JUSTICE: THE DEMISE OF THE SADC TRIBUNAL AND SOUTH AFRICA’S JUDICIAL REPARATIONS FOR ZIMBABWEANS
Authors: Petrica Dan
Published: December 2023

This research piece investigates how Zimbabwe’s government was successful in rendering a regional court obsolete, with the implicit approval of South Africa. It also tackles how South Africa’s judiciary stepped in to fill the resulting jurisdictional void by enforcing a distinctively detrimental decision on Robert Mugabe’s regime on a particularly controversial subject for both countries: namely, land restitution. In achieving the above, South Africa’s judicial branch managed to repair some of its executive’s missteps in handling Zimbabwe’s descent to authoritarianism — one brimming with human rights infringements and attacks on the rule of law. The article lies at the intersection of two humanities: political science and law, drawing themes and research methods from each. Still, it is not limited to practitioners from the said fields, being specifically constructed to be accessible to any interested reader.
CONSIDERATIONS ON THE IMPORTANCE OF THE EUROPEAN CRIMINAL LEGAL REGULATIONS CONTAINED IN THE TREATY OF LISBON
Authors: Popoviciu Laura-Roxana
Published: December 2023

The establishment of a common European space of the Member States from an economic and judicial point of view has been the desideratum of the European states. The openness created by the European space, namely the free movement of people, generates an enormous advantage for Europe's population, but can also lead to Member States being exposed to various forms of cross-border crime that go beyond their borders.Free movement within the U.E. it must be accompanied by the strengthening of Member States' cooperation in the field of criminal justice and policing in order to ensure a framework of security and safety for European citizens.European citizens have the right to move and live freely without fear of being exposed to various forms of crime. However, international crime in various forms: drug trafficking, trafficking in human beings, prostitution, pimping, theft, robbery, murder, terrorism is a worrying phenomenon for European citizens. The number of organized crime cases has increased, capital market offenses, illegal e-commerce activities as well as those related to the safety and physical and moral integrity of the person have increased significantly.The issue of ensuring European criminal justice has thus been raised over time. Adoption of unitary criminal measures in the legislation of European states, but also at EU level. it is considered an effective means of preventing international crime and punishing those guilty of committing it.We find in European documents criminal regulations at European level that define the common effort to reduce and limit international crime. In this article, I have focused on the latest fundamental European treaty: the Treaty of Lisbon, in which criminal law falling within the exclusive sphere of the Member States acquires European competences.
THE PRINCIPAL'S RELATIONS WITH THIRD PARTY CONTRACTORS
Authors: Tulai Dana-Lucia
Published: December 2023

This paper aims to bring attention to a typology of contract that is as old as it is current. Today, more than ever, the mandate contract proves its usefulness, not only as a traditional means of concluding free acts, selfless and friendly service, but especially as a legal mechanism that allows the deployment of numerous professional activities. As trade has gained huge territorial expansion and diversification, business intermediaries have become increasingly important, even vital, and the mandate, in its various manifestations, provides a highly flexible legal framework for achieving business.In this article, we focus on the principal's relations with third party contractors, especially on the exceptional situations in which the agent's excessive acts are opposable to the principal, namely the ratification and the apparent mandate, making a brief review of the doctrine and jurisprudence on the matter and expressing our own opinions regarding the liability of the principal towards third party contractors in such situations.
THE LOCAL POLICE
Authors: Leucea Crăciun
Published: December 2023

The Local Police is an "organ" in the "service" of society and not a "force" used in society. Its actions and approaches are carried out under the strict monitoring of the community. By what it does, it must be very transparent and predictable. The defining constant of the qualitative evolution of work is the training in progress. The basic quality of a local police officer is communication.
TRIBAL TONGUES PHENOMENON — INTELLIGENCE AND POLICY RELATIONS
Authors: Leucea Ioana
Published: December 2023

The article discusses an important topic on the agenda of the intelligence studies, namely the consumer—producer relations as regards the intelligence cycle. Far from being an easy to grasp subject, the debate is significant at least for the persistent fears expressed by the public opinion about intelligence being politicized. We highlight the idea that by definition the intelligence activity may be considered politicized and the challenge would be to better clarify the term `politicized`. The tribal tongues phenomenon characterize the intelligence—policy relation as the two tribes have divergent perspectives and missions. While the intelligence is invested with attributes like objectivity and expertize, the policy realm speaks the language of subjectivity and preferences.  Therefore, understanding and discussing the consumer—producer relations (a syntagm used in intelligence studies) is of highest importance, given that intelligence can be after all easily politicized as long as it is defined as an adjunct to policy.
RECENT LEGISLATIVE CHANGES IN THE FIELD OF COUNTY ROAD PASSENGER TRANSPORT
Authors: Marcu Elena
Published: December 2023

This article aims to capture the recent legislative evolution in the field of county road passenger transport and the impact of the new regulations on the material competence of the county councils in this matter. He highlights the succession of normative acts adopted in the field of county road transport of persons in the last two years, reviewing the changes in legal regime generated by them, as well as the consequences of legislative instability on all actors involved in providing this service and, of course, its beneficiaries.
THE ROLE OF THE POLICE IN THE CRIMINAL PROSECUTION PHASE
Authors: Popa Liviu
Published: December 2023

The general framework of criminal prosecution is regulated in the new criminal procedure in art. 285-341 Cod Proc. Pen. of course, with the mention that many procedural institutions used in this phase of the criminal process are provided in other chapters of the criminal procedure. The task of the judicial police bodies is to gather and administer evidence and means of evidence that outline the constituent elements in order to establish the existence of criminal acts, to determine the identity of the perpetrators and to hold them accountable. The administration of evidence is the basis for the decision to sue or not the perpetrator, but it is very important that these activities are carried out in compliance with the fundamental rights and freedoms of the parties to the criminal proceedings.
THE PROCESS OF REGIONALIZATION OF ROMANIA IN THE INTERWAR PERIOD - THE FIRST LEGISLATIVE STEPS
Authors: Grad Rusu Elena
Published: December 2023

The interwar period defined the reform of the Romanian regionalization on the background of the Great Union. This materialized in the form of a process of integration, of uniformity of the structures of the Old Kingdom, taking into account the specifics of each province. At the same time, the process was one of recovering the advance of the West, of integrating in a new stage of the Romanian state. Even if the projects created at that time aimed to form a construct of efficient territorial organization and applicable to the current reality of the interwar period, in the end it proved to be deeply influenced and organized against the problem of territorial unity.
GENERAL ASPECTS REGARDING ENVIRONMENTAL LAW RESPONSIBILITY
Authors: Chebeleu Mircea , Chebeleu Ioana Camelia
Published: December 2023

If legal liability in all its forms has been regulated since the publication of the legislation, environmental liability is relatively new and, from the point of view of the authors, still not sufficiently and coherently regulated. We continue to apply the rules and the legal regime of the “classical” common law liability, although the environmental damage (ecological damage) presents an extreme degree of danger and although in terms of environmental law the principle of restoring the parties to the previous situation and repairing in the nature of the damage often becomes impossible to apply.
THE ADMINISTRATIVE POSITIONS IN THE EUROPEAN UNION
Authors: Tărchilă Petru
Published: December 2023

The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime understood as the sum of all the rights and obligations they have in what concerns their relationship with the European Union and its institutions has been established by the European Community Civil Service Status adopted on February 29th, 19681, being amended several times. Therefore, the Regulations adopted by the European Union Council of March 22nd, 2004, at the proposal of the European Commission set forth even a new career system for the European public servants. The provisions of the status also apply for the people appointed by the community institutions, people that have been generically called ”agents”, which means that institutions such as: The European Economic and Social Committee; the European Committee of the Regions; the European Union Mediator or the European Data Protection Supervisor are assimilated, from this point of view, into the institutions of the European Union. The state forbids any sort of discrimination whatsoever, such as the discrimination based on sex, race, colour, social or ethnic origin, genetic characteristics, language, religion, political opinion or beliefs or any other opinion, affiliation to a national minority, wealth, birth, disability, age or sexual orientation. Another new aspect related to the enforcement of the status is that the non-marital partnership is regarded and treated in the same way marriage is. An extremely important significance for the activity and moral status of the European Union public servants is rendered to the European Code of good Administrative Behaviour. This document was proposed by the Eurpean Mediator and was approved of on September 6th, 2001, by means of a resolution of the European Parliament; it consists of a set of behaviour rules which the community institutions, the administrations as well as the public servants have to comply with, in what concerns their relationship with the public.
BRIEF CONSIDERATIONS ON THE EXTENT IN WHICH THE IMPLEMENTATION OF THE UNION IDENTITY ELECTRONIC CARD GUARANTEES RESPECT FOR FUNDAMENTAL RIGHTS
Authors: Ví¢lcu Elise Nicoleta
Published: December 2023

Considering the increased mobility within the EU, on the one hand, but also the intensification of the fight against terrorism by strengthening external borders, on the other hand, the European Commission has launched the "2016 Action Plan" with the sole purpose of combating identity fraud. In order to facilitate freedom of movement within the Union, Member States, acting in accordance with their own legislation, must issue and renew identity cards or passports to Union nationals attesting their nationality.In support of the above-mentioned plan, the Union co-legislator adopted Regulation (EU) 2019/11571,, according to which the renewal of identity cards or residence permits results from the need to harmonize the security levels that these documents confer on Union citizens or on their family members, considering the risk of forgery or fraud, criminal activities that endanger the freedom of movement. The provisions of this legislative instrument fully respect the fundamental rights of Union citizens as enshrined in the Charter of Fundamental Rights of the European Union2. Moreover, the application of the union norm respects the right ofcitizens regarding the confidentiality of personal data.At the level of 2021, the electronic identity card is considered to be "a key to authenticate the citizen in digital platforms that mediate the relationship of the Union national with the institutions of the state of origin or the host state, online".
MENTAL ILLNESS TREATMENT IN LAW: ORIGIN AND EVOLUTION OF GLOBAL MENTAL HEALTH
Authors: Amirante Aldo
Published: December 2023

This analysis seeks to demonstrate the recognition of the right to mental health corresponding to an obligation on the part of the State to create the conditions for the pursuit of the right to protection of those who show conditions of “vulnerability”.The study gives us the opportunity to highlight some interesting ideas. The work starts from the consideration of the role of the madman in legal and social history with an inevitable reference to some leading figures of nineteenth-century phrenology (Franz Joseph Gall, Ferraresi Miraglia, Dorothea Dix) who have also provided a substantial contribution to the legal treatment of the protection of mentally ill people. The birth of psychology and the affirmation of human rights in the twentieth century are other elements that lead to the United Nations Convention on the Rights of Persons with Disabilities of 2006 and subsequent acts, all reported by the WHO in the MiNDbank, including MI5 Principles and programs such as the 2013-2020 Mental Health Action Plan. Finally, the international process defining systems for the prevention, treatment and assistance of people with mental illnesses for the 21st century, called Global Mental Health (GMH) — promoted and supported by the World Health Organization (WHO) — ensures some internationally agreed minimum standards on health care worldwide, which was part of the Millennium Goals of the United Nations and the current Sustainable Development Goals.
NEGOTIATED, MIXED AND STANDARD FORM CONTRACTS. A PROPOSAL FOR A NEW CLASSIFICATION OF CONTRACTS
Authors: Codrea Codrin
Published: December 2023

If negotiation is considered the current manner in which contracts are concluded thereby making negotiated contracts the norm, non-negotiated terms included in contracts are an unavoidable part of everyday legal operations. Although the importance of this phenomenon in the private-law landscape has been recognized by the Romanian Civil Code through several provisions, those provisions do not address non-negotiated contracts as a whole but specific issues of non-negotiated contractual terms included in any type of contract. Firstly, with the support of the legal doctrine this article intends to examine those specific provisions of the Romanian Civil Code addressing both negotiation as a pre-contractual phase and non-negotiated contractual terms along with the particular provisions provided in the secondary legislation such as Law No. 193 of 6th of November 2000 regarding abusive terms in contracts concluded between professionals and consumers. Secondly, through this overview, the article proposes to identify the outlines of different types of contracts determined by the various degrees of non-negotiated terms in their design.
DEFENDING FAMILY LAW VALUES VIA CRIMINAL LAW NORMS
Authors: Creț Daniela Cristina
Published: December 2023

The economic and social challenges of the modern society necessarily imply the existence of a well-trained human resource, able to efficiently manage the various tasks related to the workplace, but also to efficiently cope with the evolution (revolution) of the informatics.In this respect, at present, each European state seeks, through various specific policies, to develop a high social capital capable of successfully fulfilling these goals.Thus, the protection of the family, as a matrix of the primary development of everyone, but also of the values related to it, has a primordial role in this context. The protection mechanisms are diverse, being regulated by both the rules of public and private law.In the following we have proposed to review the criminal law norms that protect certain values of family law, such as the crime of abandoning the family (art. 378 Criminal Law), and the offense of preventing access to mandatory general education (art. 380 Criminal Law).
HOW WILL THE UNIVERSITY CHANGE WITH THE COVID-19 PANDEMIC? AN ITALIAN PERSPECTIVE
Authors: Refrigeri Luca
Published: December 2023

The shock of the closure to contain the Covid-19 pandemic has forced universities all over the world to make rapid changes to their teaching and research; but also changed the social and economic role in the area where the university is located. In fact, after an initial period of disorientation and more than a year of distance learning, the students and teachers began to appreciate the "new university" made up of different times and places; a more inclusive university. It is therefore necessary to emphasise the need to focus all attention on managing this change and designing the future of the university worldwide; a reflection that is part of a broader context of studies, research and reflections undertaken at academic and institutional level to identify the new possible university scenarios in which to invest in order not to find oneself disoriented in a new world made up of different teaching methods, new ways of providing services to students, new relationships between research and teaching and also new administrative processes. These aspects will be the most important part of the orientation of young people and adults in choosing the university where to study.
CHARACTERISTIC FEATURES IN PERSONS INVOLVED IN RELATION TO CHILDREN AND YOUNG PEOPLE WITH DISABILITIES
Authors: Sălceanu Claudia , Burcea Daniela Denisa
Published: December 2023

Personality traits define those characteristics that we demonstrate in most contexts and are relatively stable over time. A certain personality tells us almost nothing about our abilities, but it can tell us a lot about the environment in which we feel best. And because there are certain contexts in which we are at ease, it is very likely that our performance will be a good one there.
CRIMINAL MEANS TO COMBAT DOMESTIC VIOLENCE — GUARANTOR OF THE PERSON’S SAFETY. STATE OF THE ART AND PERSPECTIVES
Authors: Sava Mihaela
Published: December 2023

The present work is part of the research steps dedicated to the writing of my PhD thesis on the topic of combating domestic violence by criminal means, dealing mainly with the effect of criminal instruments on the safety of victims. The latter is an important social problem, especially in the current context of spending longer periods of time at home, which, together with a relatively more difficult access to justice, has led all over the world to an escalation of domestic violence.Specifically, I will briefly deal with the presentation of the current legislative framework, insisting on the elements of criminal legislation and I will highlight the weaknesses in relation to guaranteeing the safety of the person, respectively, I will advance proposals for harmonization and improvement of the legislative framework.The conclusions of the study present the neuralgic elements of the criminal legislation, regarding the protection of the life and integrity of the victims of domestic violence, as well as the changes that I consider appropriate for improving the legal intervention in the field.
HUMAN RIGHTS AND ETHICS IN THE COVID-19 PANDEMIC. THE PHENOMENON OF "VACCINATION AT THE SINK" IN ROMANIA
Authors: Sinaci Maria
Published: December 2023

The increase in the number of confirmed coronavirus cases (Covid-19) at various stages of the pandemic, as well as the success of several waves, have highlighted the need to take action to ensure the safety of human health and to adapt the strategies so that the measures taken are as effective as possible. This paper aims to address key issues regarding the ethical challenges generated by the distribution and administration of the anti-Covid vaccine and from the perspective of fundamental human rights, considering the right to health. The work ends with a case study from the Romanian space regarding the violation of ethical and legal norms in the administration of the vaccine by "vaccination at the sink".
THE HUMAN PERSONS PROTECTED BY MEANS OF THE CIVIL LAW
Authors: Tărchilă Petru
Published: December 2023

The ensemble of legal means used for human protection forms the system of means of protecting the natural person. This system has been characterized in the legal literature as a "unity in diversity".- unity, because its purpose is the protection of man;- diversity, because it is made up of legal means of branch protection”, that is to say civil law, commercial law, family law, labor law, constitutional law, financial law, criminal law etc. In the last period the scope of human legal protection was completed by the adoption of normative acts aimed at protecting the natural person. Civil law, like other branches of law, includes numerous institutions and norms that ensure the defense and protection of the subjective rights of natural persons. The norms of the civil law ensure protection by special means to the following categories of persons:- to minors, through parental protection, guardianship and trusteeship;- to the alienated and the mentally instable, by putting under interdiction and establishing the guardianship and the trusteeship;- persons in special situations (old age, illness, physical disability), by establishing the trusteeship.
THE STATUTE OF THE BRITISH CITIZENS ON THE TERRITORY OF ROMANIA IN THE CONTEXT OF BREXIT - UNION LEGISLATIVE AND TRANSPOSITION MECHANISMS
Authors: VÂLCU Elise Nicoleta
Published: December 2023

On February 1, 2020 The Withdrawal Agreement1 between the United Kingdom of Great Britain and Northern Ireland (generic-United Kingdom) and the European Union (EU) and the European Atomic Energy Community (Euratom), hereinafter referred to as the Union, has entered into force). This official document guarantees the two parties a withdrawal in conditions of legal certainty concerning areas such as the rights of British citizens and union nationals, the customs regime, trade and services, the rights of companies, etc. In a first analysis of the effects of Brexit, we mention the acquisition by the United Kingdom of the status of a third party with all the consequences that arise, such as withdrawal from the decision-making process, withdrawal of representatives from the Union institutional level. In order to support British citizens who continue to reside in the territory of the European Union but also to support Union nationals resident in the United Kingdom, in accordance with the Withdrawal Agreement, on the one hand, one continued to apply the European Union law to the United Kingdom on the entire transition period which lasted until 31 December 2020, while EU Member States were required to adopt national legal instruments governing both the transition period and beyond, the status of British citizens called "beneficiaries of Art. 50 TEUs who continued to live and work in the Union territory. Romania has fulfilled this obligation deriving from its status as a member state in the sense that on November 23, 2020, the Romanian executive adopted the Government Emergency Ordinance no. 204 of 23 November 2020 on the establishment of measures for the implementation of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, regarding the regulation of the right of entry and residence in Romania.
THE FUNDAMENTAL LAW – A REVIEW?
Authors: Borșa Gheorghe
Published: December 2023

Constitutional revisions, in the majority of them, are determined by internal considerations, considerations that can be of a political or legal nature, revisions through which political commitments are introduced into the constitutional texts through cosmetic changes, thus creating the premises for constitutional and legislative reform.
CREDITOR'S RIGHTS IN CASE OF NON-PERFORMANCE OF CONTRACTUAL OBLIGATIONS. RESOLUTION, TERMINATION AND EXCEPTION TO NON-ENFORCEMENT
Authors: Hepeș Raul Alexandru , Vidican Roxana Denisa
Published: December 2023

Protecting the interests of the parties to a contract in case of non-execution by the other party has always been a current issue, and the remedies that the wronged party can enjoy have undergone changes in accordance with the development of contractual relations.
THE STATUTE OF LIMITATION FOR CRIMINAL LIABILITY – A FRESH DECISION OF THE ROMANIAN CONSTITUTIONAL COURT THAT BLOWS UP THE CRIMINAL TRIALS
Authors: Lascu Liviu Alexandru
Published: December 2023

A regulatory deficiency in the new Romanian Criminal Code, in what regarding the ways of interrupting the course of the general term for the statute of limitation of the criminal liability, determined, in June 2018, a decision of the Constitutional Court which clarified the situation. Surprisingly, after 4 years from the moment this decision has been issued, during which the jurisprudence has complied with, another Constitutional Court decision upon this subject was issued in May, 2022. The later decision blows up the entire judiciary because clarify its first decision, in the sense, it is not an interpretative one but shows that due to the legislator's passivity in amending the unconstitutional text from Article 155 of the Criminal Code within 45 days, in the criminal legislation in Romania, there was no provision regulating the interruption of the general term of the statute of limitation for criminal liability during this period, of June 26, 2018 - May 30, 2022, and accordingly, no longer have been a special term for the statute of limitation in Romanian criminal legislation. This decision of the CCR manages to stir up a real storm in the Romanian courtrooms because hundreds of criminal cases, many of them involving large damages or high-ranking accused people from politics or administration, have been closed or are about to be closed, based on the lex mitior principle.
ORGANIZED CRIMINAL GROUP IN THE CONTEXT OF TAX EVASION. THEORETICAL AND PRACTICAL ASPECTS
Authors: Luha Vasile , Bogdan Decebal Manole , Toma Alisa Valeria
Published: December 2023

The fact that following some controls carried out by the fiscal bodies, the crime of tax evasion was apprehended at some commercial companies on financial circuits whose object is different periods of time, those companies being constantly identified in collaboration with certain economic firms on the first criminal level and occasionally with other economic companies in the second financial circuit, does not constitute a sufficient reason to impose the reunification of the cases as long as, on the one hand, none of the situations provided for by article 43 Criminal Procedure Code (C.P.C.), and on the other hand, the resolution of the case is delayed by the ordered meeting. Regarding the crime of constituting an organized criminal group, in the case deduced for analysis, no typical elements could be proven that could objectively invoke that there was such an association between the investigated persons, a fact that led to the delay in the solution criminal investigations. When several people carry out an activity for an insignificant period, without continuity, its "members" do not have determined roles and there is no coordination of actions, an accusation in this sense cannot be proven.
THEORETICAL SURVEYS ON PROFESSIONAL CIVIL LIABILITY
Authors: Luha  (Sr.) Vasile , Luha (Jr.) Vasile
Published: December 2023

The study supports the idea that a general examination of professional liability is justified, liability produced by a non-compliant behavior in the exercise of a profession, whatever it may be.The justification for approaching the genus - not the species - was sought in the common elements that can be identified in each of the professional activities - performed independently or not - as well as in the foundations of legal liability. Firstly, it was noticed that work and enterprise - their object and tools, their regime - can outline a legal space common to all professions, of their exercise. The legal regime of work explains the relativity of science, skill, which make up the content of the notion of profession. This content, in turn, will limit the expectations of the beneficiaries of labor, their rights as creditors. The concept of enterprise projects the fundamental obligations of the one who works as a professional: the investigation, information, advice and limited guarantee of the service committed and executed. Secondly, the foundations of legal liability are indicated, with special reference to the civil one. In essence, responsibility is meant to weigh the interests of people - professionals or not - in their free civil manifestations, by comparison, rationalization and balance. In such a framework, the deed of the professional - a potentially criminal act - will be defining in order to establish his civil liability. The other components - guilt and causation - will be only secondary. The general criterion for assessing the existence (non-existence) of a crime will be identified in the concept of care - the obligation to care - for others and for oneself. Caring for others requires provision or, as appropriate, caution in the activity. Self-care recommends the assertion of self-interest legitimized by an agreed social value. Theorizing is the result of a practical need: the sketching of a general standard of behavior for situations in which the professional operates in a normative environment dominated by uncertainties, behavior that then protects him from liability based on guilt.
COMMITMENT OF CRIME BY OMISSION
Authors: Popoviciu Laura-Roxana
Published: December 2023

This article deals with the particular aspects regarding the situations in which crimes are committed, committed by omission or inaction. Any human act is done by the externalization of a person's conduct, which can take the form of an action or an inaction. In a narrow sense it represents the act committed and represents the central part of the crime because it is the actual criminal activity. The ways of achieving the material element of the crime are action and inaction. Inaction implies refraining from what the law orders to be done by persons who, according to the law, had a legal obligation to act. In order for the inaction or omission to constitute the material element of the objective side of the crime, it is necessary that this abstention ”be an external and undoubted manifestation of the will, be unjust and be causal”.
SOME ASPECTS ON THE JURISPRUDENCE OF THE CONSTITUTIONAL COURT REGARDING THE FUNDAMENTAL ELECTORAL RIGHTS
Authors: Puran Andra
Published: December 2023

The fundamental rights and freedoms of man and citizen are a constitutional reality, with deep implications in the existence of each person, in his relations with the state. It also represents an existential reality of each person, of society as a whole and a dimension of democracy. The regulation of electoral rights in the Romanian Constitution is the result of the existence of the democratic and social rule of law, which assumes that the people have the prerogative to participate in governance through their representatives who reflect their wishes.
CONSIDERATIONS REGARDING THE SITUATION IN WHICH A SURVIVING SPOUSE DISCLAIMS THE INHERITANCE
Authors: Rath Boșca Laura Dumitrana
Published: December 2023

Disclaiming an inheritance is a solemn and express legal process by which the surviving spouse is entitled to renounce the rights and obligations that would become theirs by law or last will resulting in the retroactive revocation of the right to inherit. The reasoning behind such a decision may vary immensely from person to person yet in most cases the drive behind such a choice is reduced to the obligations bound to any inheritance outweighing the advantages it may bring.
THE POLITICAL INFLUENCE OF MINOR VOTING BLOCS IN CREATING AMERICAN LEGISLATION
Authors: Rath Bosca Albert Camil
Published: December 2023

This article works as a succinct guide regarding the connection between the political process, the electoral process, the interweaving functioning of the executive, the legislative and judicial and the possibility of destabilising society in the name of the few.
DEBATE AS A PRACTICE OF ACTIVE CITIZENSHIP
Authors: Russo Noemi
Published: December 2023

This contribution aims to analyse the spread of Debate as a learning methodology in various European and global contexts, also considering the different debate protocols existing. The study considers the following countries: Italy, England, Bulgaria, Estonia, Finland, France, Germany, Greece, Czech Republic, Slovenia and Romania. Each national debating society aims to spread the practice of regulated debate as an opportunity to promote dialogue and active citizenship. Fundamental is the development of the ability to assert one’s own ideas in a democratic manner, listening and accepting to different ideas.
THE IMPACT OF ANTI-COMPETITIVE CARTEL AGREEMENTS ON CONSUMERS AND THE ECONOMY IN GENERAL
Authors: Vidican Roxana Denisa , Hepeș Raul Alexandru
Published: December 2023

Cartels, the most harmful type of anticompetitive behavior, lead to high prices, lower quantities, and lower variety and innovation with a clear welfare loss. Moreover, they do not offer any economic or social benefit to justify the losses they generate, through their actions they can limit or eliminate part of the competition either on a global, European or national level, for this reason being condemned in all legislation of competition.
THE PUBLIC EDUCATION SYSTEM IN SOUTHERN ITALY (1806-1820)
Authors: Palladino Florindo
Published: December 2023

This contribution reconstructs the origins of the public education system in Naples, established during the period between the French Decade and the Bourbon Restoration. Following the school reform implemented in France during the Napoleonic government, a process of adaptation of the French model to the specificities of the territory began in Naples. The modern public education system was established in three distinct phases: during the government of Joseph Bonaparte (1806-1808), during the reign of Joachim Murat (1808-1815) and in the aftermath of the Second Restoration (1816). In the first phase, the school system that was to be completed in the Decreto Organico (henceforth DO) of 1811 came into being. The return of the Bourbons allowed for a consolidation of the education system through more accurate regulation.
EUROPEAN INSTITUTIONS POLICIES ON INTERCULTURAL TEACHER TRAINING
Authors: Sani Serena , Refrigeri Luca , Manolescu Alina-Angela
Published: December 2023

In the new globalized and pluralistic European society, the task of the school is to adapt to the continuous changes taking place, but also to constantly redefine its educational and inclusive function. In this sense, it becomes essential to train a teaching class capable of responding to the challenges posed by the presence of children and adolescents from different cultural contexts, as well as promoting educational and didactic paths with an intercultural matrix. In this regard, the present research work focuses on examining the proposals and indications provided by the European institutions to the various Member States regarding the intercultural training of teachers in training and in service.
CRIMINAL LAW IN THE CONTEXT OF ENVIRONMENTAL, NATURAL AND CULTURAL HERITAGE CRIMES
Authors: Bogdan Decebal Manole , Cordoș Ana Maria
Published: December 2023

The evolution of law follows the evolution of society and the socio-economic relations that generate legal relations. Lately, environmental crimes among which we mention: pollution, contamination with dangerous chemical substances of abiotic environmental factors; wildlife poaching; deforestation in violation of the forestry regime, etc., are frequent, entering a spectrum of everyday normality. At the same time, the poaching of cultural heritage is a new element that has come under the focus of criminal investigation bodies, although the trade in artefacts and priceless heritage values has been consumed for a long time. The Romanian authorities and legal specialists easily pass over existing cases affecting the environment and cultural heritage, as these important paradigms for humanity are not active subjects of law. The correction of some characters whose aim is to enrich themselves through the destruction of abiotic environmental factors and the sale of cultural heritage objects, can only be done in an organized and focused way, including through the development of a criminal code of the environment and cultural and natural heritage. The code will have to capture the existence of crimes in relation to the action or inaction of individuals and in relation to the legal ethical principles of the environment and heritage accepted by the international community, which gives more and more importance to this segment, which is imposed in constitutional law of the signatory countries of international conventions. Our material launches some ideas and puts into scientific debate the possibility of creating a unitary legal framework to prevent the destruction of elements of cultural and natural heritage and to protect the environment.
NEW REGULATION OF DIGITAL ASSETS FOR FUTURE BUSINESS – CASE OF SERBIA
Authors: Đurić Đuro , Jovanović Vladimir
Published: December 2023

In the past several years Serbia and surrounding countries became attractive environment for crypto currency hubs. Enterprises dealing with digital assets, which are present, dispose already over a 1 billion USD. Firstly, Serbian legislator adopted several regulations on this issue for the purpose of preventing money laundering, organised crime and terrorism. However, very soon it became necessary to create a legal framework for business, finance and attracting foreign investments. Serbia was among the early birds who adopted relatively complete regulation on digital assets in 2021. The purpose of this paper is to bring this very actual topic to the attention of the academic and broader public. The authors will analyse the legal framework in force and the use of digital assets in practice. New legislation represents one big step towards the modern business. Never the less there are some more actions to be done to include digital assets completely into the legal life in Serbia.
THE EFFECTS OF THE UNCONTESTED RETIREMENT DECISION WITHIN THE LEGAL TERM PROVIDED BY LAW
Authors: Florian Radu Gheorghe
Published: December 2023

The principle of contribution is one of the fundamental principles of the public pension system in Romania. It assumes that the social insurance funds are established based on the contributions owed by the persons participating in the public pension system, and the social insurance rights are due based on the social insurance contributions paid.
ANALYSIS OF THE NORMATIVE FRAMEWORK AND OF THE DOCTRINE REGARDING THE VERIFICATION OF THE NOTIFICATIONS CONCERNING THE COMMISSION OF THE CRIME AND OF THE PROCEDURE FOR INITIATING THE CRIMINAL INVESTIGATION
Authors: Ostavciuc Dinu , Osoianu Tudor
Published: December 2023

The criminal process begins with the registration of the notification regarding the crime and after that procedural actions can be carried out. In the time interval between the registration of the notification regarding the crime and the beginning of the criminal investigation, the criminal investigation body is entitled to carry out procedural actions pursuant to art. 279 of the Code of Criminal Procedure. From the moment of notification or self-notification until the issuance of the ordinance to initiate criminal proceedings, within this period, the finding body and the criminal investigation body may carry out only the procedural actions by which the rights of the parties are not infringed. At the same time, the initiation of the criminal investigation, or the refusal to initiate the criminal investigation, based on the ordinance of the criminal investigation body, will be considered the final limit of the verification phase of the notification regarding the crime. In case of starting the criminal investigation, by issuing the ordinance of the criminal investigation body, the respective procedural stage will determine the final limit of the verification phase of the notification of the criminal investigation body, on the one hand, and the initial limit of the phase - criminal investigation, on the other. Thus, it is not rational for the name of the beginning stage of the process to coincide with the name of the procedural act that allows the initiation of the criminal investigation - the beginning of the criminal investigation.
SOME CONSIDERATIONS REGARDING THE INHERITANCE RIGHTS OF THE SURVIVING SPOUSE IN CHINESE LAW
Authors: Rath Boșca Laura Dumitrana
Published: December 2023

Asia is the largest continent on Earth1 and due to its vastness, it is difficult to analyze and present the culture and legal reasoning behind the laws of Asian countries. Asian states have suffered, over the centuries, the influences of colonialism from states such as: Great Britain, France, Germany, Holland, Portugal, Spain, Switzerland and the United States of America. The influences of colonialism intersected with Chinese, Buddhist, Hindu, and Islamic legal traditions. However, from a legal point of view, among Asian states, there are commonalities related to religion, similar historical influences and approach to the processes of modernization and industrialization. These aspects common to Asian countries have existed since pre-colonial times.
ONLINE INTERNATIONAL LEARNING AT SLOVENE HIGHER EDUCATION INSTITUTIONS
Authors: Aškerc Zadravec Katarina
Published: December 2023

Online learning has become a widely spread form of education, which has expanded even further with the outbreak of the Covid-19 epidemic. In this article, various approaches and definitions of terminology are discussed in the context of online international learning in relation to available information-communication technology (ICT) at Slovene higher education institutions, wherein the article places the online international learning activities in the context of internationalised curriculum. Results of the survey, which was performed just before the outbreak of the Covid-19 epidemic, in which 1,367 academics from all Slovenian higher education institutions, are presented in the article. It was found out that there are statistically significant differences among academics from different Slovene higher education institutions in terms of how often they implement international online learning with foreign institutions and how satisfied are the academics with the adequacy of ICT equipment and support at their home institution for the implementation of such international forms of online learning.
METHODOLOGY APPROACH TO STRATEGIC PLAN DEVELOPMENT FOR THE DEPARTMENT OF THE RESEARCH INSTITUTE IN UKRAINE
Authors: Iermakova Olga
Published: December 2023

In the paper it is proposed the methodological toolkit for a strategic plan development of research divisions that is illustrated by the example of the Department of the Ukrainian Research Institute. The result of using the methodology is the development of a roadmap for further development of the research divisions that has determined strategic directions and concrete indicators for monitoring achievement of goals. It is used PESTEL-analysis, Porter's Six Forces of Competitive Position Analysis, ranking method, SWOT-analysis. In the paper it is proposed Internationalization –Application Matrix for research activity analysis and for Department’s strategic scenarios development. The main finding of the article is that using the proposed methodology we have revealed the strongest aspects of the Department’s activity that are national and international theoretical research, and also national applied research in the field of seaside regions’ sustainable development. The further strategy scenario should be aimed at the strengthening of international applied research through such activities as membership in international organizations and editorial boards, publications in media abroad, foreign internships, international grant project implementation
GLOBALIZATION AND ITS IMPACT ON CULTURE AND MEDIA
Authors: Janković Anđela , Janković Slađana , Đurović Sandra , Rašović Ivana
Published: December 2023

Globalization is term that is gaining more and more importance every day, so we are witnesses that it is happening very often through the media. Many of them have heard for this term, but the question is how did everyone understand the meaning of it? Although, there isn’t unique definition of this term, a large number of theorists agreed that is about the processes of economic, political and cultural activity which tends to unite the planet. The work is conceived in such way that even someone who is not professionally oriented towards the mentioned topic, to provide satisfactory answers, because there are rare who aren’t affected by the situation in which we live. The goal of this work is to provide to the reader as much information as possible about the global connection of people through media. A significant part of work is devoted to the impact of globalization to spread the media and how much the media initiate and support the process of globalization.
INTERVENTION POLICIES PROPOSED BY THE EUROPEAN UNION TO COMBAT EARLY SCHOOL LEAVING AMONG MIGRANT PUPILS
Authors: Sani Serena
Published: December 2023

Currently, in Europe, many young people drop out of school or training before completing secondary education. According to findings from some international research, the average dropout rate is twice as high for immigrant pupils as for native students. In fact, on this front, what emerges from the analysis of the educational achievements of pupils of immigrant origin is that, in most European countries, the educational itinerary of these pupils is characterized by a significant incidence of dropouts, dropouts and delays. In this regard, over the past decades, European institutions have drafted several documents aimed at urging member states to promote, through schools and education, the effective school and social integration of the many pupils of immigrant origin living in member countries. Our examination intends to focus on those documents that offer a fairly comprehensive picture of the positions taken by the European Union not only with regard to the school failure of immigrant pupils, but also with respect to the equally fundamental need to create school paths of integration from early childhood; to promote organic and effective forms of interaction between school and family; and to design specific Courses for learning the national language aimed also at the parents of immigrant pupils.
Forecasting the Future, Recycling the Past: Two Exhibitions in Tallinn
Authors: Krivy Maros
Published: December 2023

A double review of the exhibitions Forecast and Fantasy: Architecture without Borders, 1960s–1980s, curated by Andres Kurg and Mari Laanemets, 20 January–30 April 2023, and Urban Stocks: Spolia Returns, curated by Laura Linsi and Roland Reemaa, 25 May–30 July 2023) held at the Estonian Museum of Architecture in Tallinn. The two exhibitions explore how architects in and beyond Estonia thought and think about the future and historic fabric of cities.