The "waiver of criminal prosecution" institution was introduced into Romanian criminal procedural legislation by Law no. 135/2010 on the Code of Criminal Procedure. It appears as an exception to the principle of the legality of the criminal process - regulated by the Romanian legislator in favor of the principle of expediency. The legislator opted for the introduction of this...
The world's countries formulate laws, regulations and legal frameworks to define broad aspects of cyberspace within their domain, including institutions responsible for the local cyberspace, their areas of activity and responsibility, administrative subordination and even those who stand at their heads—including the definition of criminal activities in cyberspace, crime and...
Public diplomacy is a type of diplomacy that focuses on using public communication to influence public opinion and achieve political goals. This type of diplomacy can be seen as a replacement for traditional diplomacy in some cases, but it is not a complete replacement. In some cases, public diplomacy can replace some aspects of traditional diplomacy, such as the use of private...
A person who dies for his or her religious faith is called a martyr or a martyr, but the term martyr also applies to those who give their lives for another cause considered noble, such as those who die for their country in time of war. Martyrdom is the suffering, torment, torture or death endured by someone for their ideas or beliefs. The term martyr is also used by extension in...
The principle of separation of powers was not very popular among the framers of the French Constitution. As a result, in the Constitution of the Fifth Republic, to the Judiciary was reserved a subordinate position to the executive. The composition of the Judiciary has been left in the hands of the Government. Judges in France work under the Ministry of Justice. After the setting...
This paper deals with the core preventive anti-corruption authority in the Republic of North Macedonia (hereinafter: Macedonia), which is the State Commission for Prevention of Corruption (hereinafter: SCPC). The main research question is: can and does the SCPC effectively control the public administration as per its legal competencies and does it therefore prevent corruption...
Romania's accession to the European Union has produced profound legal changes, including in legislative, doctrinal and practical terms. In matters of contract, the provisions of the European directives on the regulation of legal relations between professionals and consumers have created and continue to produce disputes, especially in the field of the harmonisation of the new...
This paper investigates the legal and institutional framework necessary for the implementation of the right and obligation of civil servants to continuously improve their skills and professional training as stated in the Romanian Administrative Code (Emergency Ordinance no. 57 /2019). In order to highlight this right of civil servants, we carried out a bibliographic analysis...
The United Nations (UN) has come up with several Sustainable Development Goals (SDGs) for its 2030 vision. One of these SDGs deals with the need for all countries to promote gender equality. The gender equality goal is premised on empowering women and girls with various economic opportunities. The assumption is that in many countries, including in South Africa, women and girls...
The performance of public administration is the guarantor of public management based on knowledge and adaptability of economic and social conditions to the modern requirements of society. The accumulation of ideas, experiences and performance achieved so far in public administration can be improved by providing public mentoring? The answer to this question will lead to the...
The Violent strikes are serious problems in South Africa. However, the international and regional legal frameworks, the Constitution as well as the national legislation provide for the protection of the right to strike for employees. Workers are therefore entitled to exercise their right to strike under the prescribed legal frameworks. The strikes are frequently characterised by...
In a recent Supreme Court of Appeal judgment in Mount Edgecombe Country Club Estate Management Association II (RF) NPC v. Singh 2019 (4) SA 471 (SCA) (Mount Edgecombe v. Singh), the court found that a homeowner’s association has the power to regulate traffic on the roads within a gated estate. The SCA found that, since the roads were private roads, and the National Road Traffic...
In the elaborated article, the authors addressed the existing tactical-procedural peculiarities at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal investigation. Although the criminal procedural legislation that regulates the activity of suspending and...
Essentially, this paper reiterates the constitutional obligation to ensure that there is ample access to adequate housing in South Africa. The paper contends that in order to provide and deliver this constitutional right to the poor and the needy in South Africa, government has established various institutions to accomplish this objective. However, the paper notes that despite...
Given the mandatory nature of the preliminary disciplinary investigation procedure, this disciplinary process to which employees are submitted can be divided into three main phases, namely the phase prior to the employee's summoning, the moment of the employee's hearing and the phase following employee's investigation. Clarity on these stages and the proceedings corresponding to...
As the relationship with the persons under private law empowered to manage the execution of the range of noncustodial measures and punishments in this sphere is currently outlined at the legislative level, the nuances that limit access to the profession are identified. This aspect harms in practice both the person responsible for safety measurement and the judge who is delegated...
The legal framework of the Federal Republic of Somalia does not explicitly forbid apostasy but explicitly prohibits blasphemy against Islamic religion, object of worship and people venerated by Islam. If a person leaves Islam, he is ostracised by his kindred and the entire community. If he is a businessman, he would lose customers. If you are a jobseeker that is declared an...
The paper wishes to analyze the challenges that the interdisciplinary approach on climate change and ancillary obligations will bring in the field of administrative law, by analyzing EU legislation in this respect. Climate change has become a rising global concern, significantly affecting administrative policies, regulations, and administrative processes. Considering these...
The purpose of the paper is to analyze the contribution of the European Court of Human Rights to its transformation into a viable solution for the protection of human rights, fulfilling its role as "developer of legal doctrines regarding human rights", a role conferred by the object and purpose of the European Convention on Human Rights, for the maintenance and development of the...
In 1994, the African National Congress (ANC)-led government implemented a Reconstruction and Development Programme (RDP) program that entailed providing South Africans with stable and regular electricity supplies. Government through the state president declared COVID-19 a pandemic in 2019. Institutions of higher education resorted to introduce online teaching and learning as a...
The insolvency procedure is a special procedure, derogating from common law regarding the method by which commercial companies identify means of recovery of the activity in delicate moments of their existence. Under this aspect, we will analyze how the civil capacity is affected, the possibility of companies to conclude certain categories of property transfer deeds, both from the...
The present study will analyze the aspects related to the competent court in the matter of the request for annulment of a decision ordering the release from a public management position, from the perspective of decision no. 5746/2022 of the High Court of Cassation and Justice. The supreme court in Romania established that in the mentioned situation the provisions of the...
Europe has changed, the world has changed. The 21st century brings new challenges and new opportunities. The interaction of economies and peoples worldwide, whether by communication, trade, migration, shared security, concerns or cultural exchange, is in constant evolution. In such a globalised world, Europe needs to be competitive to secure economic growth and more and better...
The great challenge of this century is to figure out how we can achieve development, combat climate change, conserve wildlife, and protect our common resources, in global terms, while maintaining a balance between the environment and social and economic considerations. Environmental liability, conceived by the European Union and the Member States as an instrument of...
Various national, domestic, and international legal instruments provide for the significance of ensuring that, prior, during, and after any proposed or completed project, a thorough EIA must be carried out, to establish the extent of the impact and the effect of such a developmental project would have on the environment. To accomplish this, the role of Environmental Assessment...