Before talking about the structure of the public administration in Romania, we must consider the social and political environment of our country. Romania is a country with a democratic regime and it has been so for the last 30 years, but which has been under the umbrella of communism for several decades. Communism meant a centralized, closed administrative and economic system.
Opposable erga omnes, the right to life is an absolute and intangible right of the human being and is protected by criminal law in the interest of the whole society, including for the purpose of ensuring human coexistence. In other words, the interest of the criminal law is to impose on all citizens the obligation to respect the life of each individual, to respect the human...
The article refers to certain changes that need to be made to the paragraphs (5) - (9) regarding article 5 of the Decree - Law no. 118/1990 on granting rights to persons persecuted for political reasons by the dictatorship established starting with 6 March 1945, as well as to those deported abroad or constituted as prisoners, as republished in the Official Gazette, Part I no...
By Law no 140/2022 regarding some protection measures for persons with intellectual and psychosocial disabilities and the modification and completion of some normative acts, the Romanian legislator responded to the need for regulation in the field of protection of persons, bringing the provisions of civil legislation into agreement with the Decision no 601/2020 of the...
The aim of the work is to perform an analysis of certain crimes related to property threats. To analyse the methods and tactics of detection and investigation of the types of criminal offenses under research and on the basis of a detailed study of the peculiarities of the committing of the criminal offenses under research, to develop effective and upto-date methods of their...
The Maritime Labour Convention (MLC 2006) contains all updated maritime labour standards and provides effective procedures to ensure their implementation by the Member States, as well as a mechanism for monitoring compliance. As an element not found in any of the International Labour Organization's (ILO) conventions, its provisions introduce a certification system for social and...
The present article focuses on drawing up the definition of "public policy" in respect of claims for annulment of arbitral awards. Public policy in this case is defined by certain nuances, which have been further developed by national and international case law. The purpose of the analysis is to provide a comprehensive presentation of this concept, through a comparative analysis...
As defined by the law, a bank is a stock company with the head office in the Republic of Serbia, which has a National Bank of Serbia licence for work and which performs deposit and credit activities, and which may also perform other activities according to the law. The number and variety of the forms which may be assumed by economic crime is extremely dynamic and, consequently...
The European citizen who leaves his state of residence to receive medical treatment in another Member State of the Union, is a beneficiary of the free movement of services. Therefore, European citizens should be treated in the host states identically/similarly to the nationals of these states, and the restrictions on mobility, including by the home state, should be analysed from...
The new era of forensic investigation of criminal cases means currently a challenge for the judicial bodies in their duties of finding truth during the criminal proceedings. In achieving this purpose, the role of forensic evidence is as bigger as the forensic reports provide the judges and prosecutors with pertinent, conclusive and genuine data the criminal decisions shall be...
The corona virus (covid-19) pandemic which started as a public health emergency swiftly evolved into a global financial and economic crisis of epic proportions. Thus, it had a far-reaching effect on Nigerian corporations. The advent of covid-19 seems to have changed the guiding principles of corporate governance from the agency theory to stakeholder theory due to the heightened...
Monetary policy is a primary element of economic policy, as with its help central banks can act and influence both the demand and supply of money in the economy. The main purpose of monetary policy measures is to ensure price stability, effective control over inflation, as well as the stability of the national currency. A very important aspect to highlight about the European...
At European level, there is a general tendency of forestry policies to extend and strengthen the individual rights of land owners. Member States, especially those in Central and Eastern Europe, retain some legislative levers, especially regarding the sale of forest land, forest management, exclusion and withdrawal rights. All these measures that some Member States apply with...
The right to basic education refers to the learning needs appropriate to the experience and age of the learners. It contains primary and secondary educations where learners perform educational activities to achieve learning outcomes. The Constitution provides the right to basic education and states that everyone has the right to basic education as well as adult basic education...
Among its most prominent representatives, Réné Déscartes, a special personality, characterizing himself as „full of enthusiasm", discovering the foundations of an admirable science", it lays the foundations of modernity, a science that places man at the center of scientific and philosophical concerns. If antiquity pays special attention to collectivity, man being only a means to...
Traditionally, the free maintenance contact is qualified as a donation, the solution being based mainly on the similarities between it and the life annuity contract. That solution, formulated before the entry into force of the current Civil Code, when the maintenance contract did not enjoy its own rules, remained optimal after 2011, even though, at present, in addition to the...
Muslim communities have settled in South Africa more 300 years ago, but their religious marriages were not recognised in South Africa. Muslim marriages were denied recognition merely because they are potentially polygynous in nature. This non-recognition has created many hardships for Muslim women. These hardships has prompted the Women Legal Centre (WLC) to institute a class...
This study presents the conditions for maintaining the tenure of teachers who have to retire and for the reinstatement or continuation of employment of retired teachers, as they emerge from the analysis, not simple and necessarily in its entirety, of the provisions of S. 289 of Law no. 1/2011 on national education, of which only those of paragraphs (1), (3), (6) and (7) are still...
The aim of this study - occasioned by the Romanian Constitutional (RCC) Decision. No. 404 of September 21, 2022, we bring back into discussion the obligation of the legislative forum not to ignore the principle of the security of legal relations in the component related to the clarity, accessibility, and predictability of the law. The legislative proposal for the amendment and...
Under fractional reserve banking system, banks activity and operations rely primarily on demand deposits, which are often known as current accounts, especially when it comes to granting loans. Consequently, bank deposits are the primary source of ‘inexpensive’ funding for commercial banks. This article aims to analyze and discuss the widely agreed upon characterization of the...
The transboundary effects of industrial accidents must be analyzed in the context of Romania’s position as European Union member. During the Baia Mare accident in 2000, Romania was not member of European Union. Key principles of international environment law are included in multilateral conventions and other international legal instruments. The issue of transboundary effects of...
In addition to natural persons whom the law recognizes as subjects of the law, the law also recognizes the subjectivity of other persons as bearers of rights and obligations or legal persons. In contemporary criminal law, the form of criminal liability for legal entities has also been introduced, and depending on the national systems of the states, we come across several models...
Explainig the concept of the effectiveness of the constitution requires, first, as in a mathematical equation, the identification of the classic criteria of normative validity of a fundamental law, i.e. the supremacy of the law, the separation and balance of powers, the existence of the rule of law, the effectiveness of the guaramtees of respect for human rights, the application...
The growing global concern in the perpetration of environmental crimes such as pollution and degradation at an international level by States have triggered massive promulgation of international law instruments to make ample provisions for the protection of the environment and at the same time to impose stringent sanctions to those who harm the environment. The obligation to...
There has been several efforts to liberalise economic integration in Africa by removing tariffs and non-tariff barriers to enhance the free movement of goods and services such as human capital and intellectual property in Africa. This is evidenced by a plethora of regional economic communities (RECs) that have been established in Africa. Some of the prominent RECs in Africa...