JOURNAL LEGAL AND ADMINISTRATIVE STUDIES July 2023

The protection granted to computer programs by copyright has been the subject of numerous studies and cases both domestically as well as internationally. Regardless of their literary or scientific nature, it is certain that, according to Directive no. 91/250/CEE and Law no. 8/1996, computer programs are "works" and, by way of consequence, to the extent that the internal and international regulations intended expressis verbis for their protection do not provide, the norms devoted to works, in general, are incidental. As a result, the author of the computer program benefits (appropriately) from the moral and patrimonial rights.

The evolution of society is unpredictable, largely influenced by the sociopolitical-economic factor. Thus, the development of a legislative framework for the new social relations has an imperative character, justified by the need to establish certain rights and obligations towards the beneficiaries and the rest of society. The purpose of this article is to highlight some existing situations in the legal reality, situations that do not benefit from a homogeneous legal regulation within the member states of the European Union, which derives in the form of social and legal conflicts. Through the ideas to be evoked, we will outline the normative differences between the states in the union space, regarding the fundamental right of each person to marry and found a family, viewed through the spectrum of diversity.

The General Regulation on personal data protection, adopted on 27 April 2016, is the act by wich the reform on data protection in the European Union has been completeed. The processing of personal data is governed by a set of principles, the first of the principles regulated by the GDPR is the principle of lawfulness, fairness and transparency in processing of personal data. In accordance with this principle, personal data can be processed only on the basis of one of the 6 elements provided by the GDPR, the controllers must act in accordance with the will of the personal data subject, who must be informed of the way in which his or her data is processed.

The global crisis generated by Covid 19 has helped to understand that, in these times full of unpredictability, public decisions must become effective and responsible. But, even though the public authorities faced this global crisis, the current situation generated by the new war generated an important wave of instability.

As stated in the first part of this study (“National and comparative law regarding the concession and superficies agreements, as tools for the exploitation of lands privately owned by the State and administrative-territorial units”), often, local public authorities call for the establishment of superficies in favour of investors interested in building on the lands that are privately owned by administrative and territorial units. While such a possibility is not expressly forbidden by the legislation, the Romanian Administrative Code seems to limit the ways of exercising the right of private property of the State/administrative and territorial units. Thus, the most appropriate institution would seem to be that of the concession, which involves following the same arduous procedure as in the case of the public property of the State. Doctrinal and jurisprudential opinions are divided, but recent decisions of the Constitutional Court, but also of the Court of Justice of the European Union are a reference in the field and must be taken into account in practice, alongside with TFUE and European directives provisions.

This article does not aim to highlight the importance of forests for mankind but, starting from this axiom, presents some of the shortcomings encountered in practice regarding the legal protection of publicly owned forests, while offering some remedies.

The new higher education law no. 199/2023 sought to regulate the issue of university ethics and deontology in a unitary manner in order to avoid recourse to the provisions of different regulations regarding members of the academic community. Unlike the previous law, which did not carefully refer to this area, understanding that it should be supplemented with the provisions of L. no. 206/ 2004 there are also some aspects that require additional clarification and interpretation to determine the applicable law, even if it seems that the legislator aimed for all aspects related to the activity carried out in higher education institutions to be regulated by this new normative act.

The article is concerned with the legislation and regulation of social awareness processes on the effects of certain types of services or products that can impact people's lives when they are not used in a responsible way causing them to go bankrupt. The authors address from a socio-legal perspective the issues of smoking, gambling and debt in a way that has relevance to personal insolvency procedures. The article concludes that the state plays a fundamental role in the harmonious development of its citizens and to maintain its evolution regarding social norms in relation to current social realities.

Mobile workers who carry out international road transport activities, benefit from specific European and national regulations, adapted to the particularities of the work performed. In the context of special occupational risks, the protective dimension of health and safety at work is reflected both in the establishment of maximum driving times, but also in the maximum working time, as well as in ensuring the appropriate remuneration, throughout the period that the work is carried out under the same conditions with workers from a member state of the European Union. These rights of mobile workers are the object of analysis of this study, determined by the intervention of the European institutions in imposing some measures in the mobility packages applicable to drivers who carry out international road transport or cabotage operations on the territory of the member states and the reaction of the national legislator in their implementation.

One of the most important debates of recent decades has been that of the relationship between parliaments and governments in relation to the power they should hold in society. The 20th century and the last few decades have been a unique situation in history, in which political rights have spread widely, irrespective of the limitations that political actors have set. In this perspective, it becomes imperative to know not only the rights established by the constitutions of national political-administrative bodies, but especially the power relationship between them, especially in the sphere of lawmaking. For too many people the political competition is more important than the strength of the law and the entire legal system. However, it is time for a re-evaluation of the political power concept, as citizens of most countries in the world are not particularly satisfied with their own governments. Hence, a need to analyse and perhaps redefine some of the characteristics of the two institutions in order to establish a new relationship between the citizen and the state in this century. Governments and parliaments must become more present in the intellectual life of citizens, and this will lead to clarifications of their power in the political sphere, but especially in the enactment of legislation.

Any attempt in the sphere of humanities to characterize and explain man in his individuality, but also in the social existential context, relates to the issue of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only created being whose fundamental ontological dimensions are freedom and spirit. In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation is conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological foundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people.

Legal certainty is one of the supreme values of the Rule of Law. Citizens have the right to know with certainty what their rights and duties are, the consequences that will be attributed to their actions or omissions, the predictability of the legal effects of his acts. The principle of legality, the masterpiece of the Rule of Law, has, above all, this purpose. Confidence in the Law is not only a requirement of freedom, but also of the efficiency and prosperity of a society. Not just in the long term, but even in the short term, the prosperity of nations is based, more than on their natural wealth, on their civility, on the respect for the rules for coexistence, the market, contracts, property and, above all, of the Law, which is what keeps all of the previous, standing. Respect for the established law, compliance with the rules, the autonomy of the institutions, the separation of powers and their functions, the intervention and control of public spending, etc., is the secret of good government.

Not only the right to a nationality is a recognized human right, but also the statelessness supposes a lack of other rights, though without a nationality, a person has no legal protection, no right to vote, no employments and no education. More than four million of stateless persons are living all over the world and more than half million in Europe. The case of the no citizen people with alien passport or persons without a determinate nationality is a particular case of statelessness in the Baltic Countries. The status of these persons based on the national legislations has its echo and influences their foreign status in other EU countries like Spain. Although UNHCR planted on abolish the statelessness until 2024, this doesn’t seem realistic, therefore urges a more implication from all the states, new practical administrative measures or new conceptions.

The rule of law is at the center of contemporary constitutionalism. It means the binding and exclusive application of law by the institutions endowed with public power. These processes, acts, omissions and also factual processes, must comply with the law. There must be no lawless spaces. Political and legislative discretion is also not free of law. The choice of means, the timing of their use and their content are genuine tasks of politics, but their use, in whatever variant, must not contradict the law.