Religion occupied a pivotal place in the life of our ancestors, even being a proof, at that time, of raising the degree of civilization of mankind. We say a pivotal place and not just an important one, since a large part of social life revolved around religion and its symbols. Often there was no boundary between politics and religion and what was Caesar's was not Caesar's. In...
Using Mahoney and Thelen’s four mechanisms of institutional change (displacement, layering, conversion and drift), I argue that the Romanian Freedom of Information Act (Law no. 544/2001 and Methodological Norms no. 123/2002) has proven to be stable in the last two decades since its adoption, it has been accepted by some of us but not all, even though it was created to protect...
The research surprises the cases and the conditions in which the legal inheritance coexists with the testamentary inheritance. In the period of the old roman law the testamentary inheritance was priority, because the gratified successor through the will for a part of the inheritance was extending the vocation for a part of the inheritance of which de cujus didn’t dispose of. In...
This article explores the impact of dividing government contracts into smaller components, highlighting the risks it poses to transparency and integrity in public procurement. Contract fragmentation can obscure decision-making process regarding public expenditure, reduce healthy competition, and facilitate corruption. Real-world examples illustrate these issues. The analysis...
The fight against fraud needed regulation, and even more, to be the main object of the activity of specialized bodies. Thus, in 1988, the task force "Anti-Fraud Coordination Unit" was created, formalizing the fight against fraud and corruption and protecting the EU's financial interests. In 1995 (July 26), through Council Act 95/C 316/032, the "Convention on the protection of the...
This article analyzes the institutional approaches in two European states (Norway and Romania) regarding to the social reintegration of inmates. The analysis of public policies and potential of the two prison systems, as well as the results obtained following the implementation of the two systemic approaches, are the main objectives of the study. Also, the study highlights the...
The autonomy of universities represents the main functional principle of universities in EU Member States. Is an instrument of defence of higher education institutions from ideological, political and religious interferences and an essential middle of implementing educational right of individuals. Its role is to contribute to the improvement of higher education, to universities...
This paper analyzes, describes and presents the relationship and effects between globalization and the international law. Historically, between globalization and international law, there is a dialectical relationship, both have been intertwined for more than the end of the twentieth century and the last phase of globalization. Globalization has come up with major changes at the...
The digitalization of Public Administration is a subject of great importance in the context of modern societies, both for the authorities and for the beneficiaries of public services, in this case, the citizens. This process involves the transition from traditional methods to the use of digital technologies to improve the efficiency, transparency and accessibility of public...
he United Nations Convention on the Rights of the Child (UNCRC) related to the rights of the child, on the one hand, in articles 12, 13, 14 and 15, regulates the freedoms of thought, opinion, conscience and religion, as well as association and free expression, on the other hand. Objectives: also, the holders of obligations for the child’s best interest have the duty to turn these...
In this article, I have analyzed the criteria for delimiting the powers of jurisdictional bodies in the settlement of civil cases, which I have argued are also criteria that prevent the hybridization of these attributions. We presented the danger of the phenomenon of hybridization for the normal functioning of judicial bodies and gave solutions to minimize it in the legislative...
Nullities represent procedural sanctions that intervene if the fundamental principles of the criminal process are not respected. What is imperative to mention is the fact that these procedural sanctions operate only judicially, which means that they must be ascertained by the judicial body. Unlike the old regulation, the new criminal procedure code regulates new cases of relative...
Budgetary and contributory organizations represent a stable element of public administration organizations in the Slovak Republic. A similar type of organization is also known in the legal regulations of European countries, or countries around the world, most often under the term government agencies. The legal regulation of budgetary and contributory organizations is important...
In this article, the general competence as an interbranch legal institution is analyzed as a whole, starting from the specific norms of the continental law. The general competence is defined, being a complex notion because it is not regulated in the national legislation in a legislative act specific to this legal institution. It is contained in several normative acts. Thus, the...
The President of the Republic of Macedonia, Gjorge Ivanov in 2016 pardoned 56 individuals. Some of them were pardoned more than once (the former Minister for Transport and Communications was pardoned 16 times, the former Minister for Interior was pardoned 13 times etc.). Most of the pardoned persons were politicians or their close collaborators. The President’s explanations for...
In 2001 the Freedom of Information Act (Law no. 544/2001) was adopted by the Romanian Parliament, in a sign of unprecedented openness of the beaurocratic apparatus towards its citizenry. This article answers two main questions: firstly, how did Law no. 544/2001 appear in Romania, what was the general social and political context, and what made civil society, the government and...
The entry into force of the Lisbon Treaty in December 2009 was supposed to have far-reaching implications for the development of a European policy on justice and access to justice as it “constitutionalized” for the first time this important topic. However, at the time of writing, European Union (EU) law has been unable to construct and provide a proper system of access to justice...
The principle of availability outlines a specificity of civil proceedings that may seem to contradict the active role that the court must play in order to resolve the case fairly. The simultaneous application of these two defining rules for civil procedure in relation to the rights of defence and to a fair trial generates certain practical problems that we point out in this study...
Digital inclusion involves the provision of equitable access to Information and Communications Technologies (ICT) to all persons for them to participate in socio-economic activities such as accessing financial services and products, education and employment. This article provides an overview of the regulation of digital inclusion in the South African ICT sector by examining the...
The European Health Insurance Card was adopted after long and slow procedures, in order to consolidate the internal market. Nowadays, it has become an important piece of the European health policy and of the European identity. The European citizens can have medical benefits in another Member State that the State where they have a medical insurance, benefits that are necessary and...
The information about the usage of contraceptives and how to abort is something that is highly restricted to legally married couples. Article 408 restrict the sharing of information about the use of contraceptive and abortion methods because of the general belief that if such information is disseminated it would contribute to the moral decay of the society. It comes as no...
Criminology is an interdisciplinary discipline that deals with the study of crime, delinquency and antisocial behavior. This involves analyzing and understanding the causes, consequences and prevention of criminal activities. Criminology combines aspects of psychology, sociology, law and statistics to provide a holistic perspective on the criminal phenomenon. The evolution of...
This article discusses constitutional, legislative and policy frameworks strategically introduced post-apartheid era to foster land expropriation reforms that would restore dignity, equity, equality and justice to the forcefully dispossessed Black South Africans from their land during the pre-colonial and apartheid regimes. More importantly, even though the colonial and apartheid...
The need to achieve a work-life balance and the option for employers to motivate and increase the productivity of employees are the justification for necessary legislative amendments in the future. EU Directive 2019/1158 on worklife balance defines in art. 3 para. 1 (f) the concept of "flexible working arrangements" which refers to "the possibility for workers to adapt their...
The study was conducted in Limpopo Province, Musina, which is located in the northern part of South Africa. This qualitative study aimed at finding out how threats to national security encourage forced migration. The researcher conducted interviews with refugees from Democratic Republic of Congo. Illegal immigrants from the Democratic Republic of Congo participated in this...