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  • DUAL UNIVERISTY EDUCATION (I) - GENERAL ISSUED

    Amelia GHEOCULESCU
    December 2023
    Dual university education is a form of education that combines theory and practice in a closer way. Students learn both at university and at work, alternating between periods of theoretical and practical study. This system provides students with the opportunity to develop their practical skills while continuing their academic studies. It's a great way to get hands-on experience in the field they want to work in, preparing them for the labour market.
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  • THE CONCEPT OF LIFELONG LEARNING IN THE LIGHT OF LAW NO. 199/2023 ON HIGHER EDUCATION (I)

    Andreea DRĂGHICI
    December 2023
    The newly adopted Law 199/2023 on higher education, emphasize the notion of lifelong learning, giving it special regulation in Title II, title that regulates the general and integrative framework of lifelong learning programs organized at the leve lof higher education. The legislator’s intention to adress this concept in detail demonstrates the particularly important role that lifelong learning has on both the individual and society.
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  • CONSIDERATIONS REGARDING THE HIGHER EDUCATION QUALITY ASSURANCE IN THE LIGHT OF LAW NO. 199/2023 ON HIGHER EDUCATION (I)

    Daniela IANCU
    December 2023
    Foundation of individual development and, also, of society’s as a whole, education represented and represents a major concern both at European and national level. The realization and further development of the European space of education represents the general political objective of the new strategic framework for European cooperation in the field of education and training at the level of the European Union. In the National Strategy for the Sustainable Development of Romania 2030, among the objectives for sustainable development is the guarantee of the quality in education, the access and the participation in education base don quality being considered essential for the proper functioning of a sustainable society. Ensuring the quality of higher education, through a series of processes carried out for the purpose of its permanent improvement, contributes to the formation of the trust of the beneficiaries in the educational institution’s ability of to offer education services in accordance with quality standards.
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  • IS YOUR WORK ORIGINAL?

    Andreea TABACU
    December 2023
    The idea of the originality of the work prepared in the university environment, whether by the teaching and research staff or by the student, master’s, or doctoral student, is essential for achieving the goal pursued by higher education institutions. However, the notion is not defined, and its concrete verification causes controversies. The technical means available to the universities cannot correctly rule on this condition if the result is not superimposed on human analysis.
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  • THE ERROR CAUSING UNACCOUNTABILITY

    Cătălin Ionuț BUCUR
    December 2023
    According to Art 30 of the Criminal Code, an act provided for by the criminal law and committed by a person who, at the time of its commission, was unaware of the existence of a state, situation or circumstances on which the criminal nature of the act depends does not constitute an offence. Although it is not accepted everywhere, in some branches of law, such as the criminal law, being even sanctioned in some cases, error is an absolutely natural phenomenon that simply happens, independently of our will.
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  • TECHNIQUE OF PREPARATION OF NORMATIVE ACTS

    Mariana-Alina ZISU; Andreea CORSEI
    December 2023
    It is legal norms that play a crucial role as far as social participants are concerned, maintaining order, stability and balance. By defining what is legal or illegal, the law acts as a factor that discourages behavior or activities that would fall within the scope of the illicit, providing the social protection to which citizens are entitled. In this sense, the great philosophers of the world have explained the process by which rudimentary human communions were transformed into today's modern societies by means of legal norms. Called in the literature as the "theory of contractualism", Jean-Jaques Rousseau explained that in order to reach a social balance in a society, it is necessary to have rules for the participants in social life to respect, giving in exchange a part of the freedom absolute with which they were born. "In this way, a "social contract" is born between individuals, who through free will renounce to manifest themselves freely in an arbitrary manner, accepting a series of rules of social coexistence, which the group imposes on the individual in the form of laws." This was an initiating and explanatory point for the emergence of legal norms, because through the definition of the social contract, the citizens tacitly accepted and recognized the principles established and established as law. "Precisely this contract and the accession of all citizens guarantees the legitimacy of the laws, and their imperative character, being the force of law that must replace the law of force (Sandu, 2023, p. 8).
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  • POLITICISATION OF PUBLIC LAW – BRIEF CONSIDERATIONS

    Marius VĂCĂRELU
    December 2023
    Most of the time, the idea of politicization of the public function, public administration and public law are described either from the perspective of complete objectivity, or from that of practical situations. The fact that the political power wants its vision to be applied uniformly at the scale of a country is something normal, understood by all discerning adults. But it is not acceptable by the same adults, because history and life have provided numerous examples through which it has been observed that too much political influence brings more negative results than those produced by a competent and neutral administration. The political vision is impossible to eliminate from a state, because major decisions are ultimately political decisions, adopted by political leaders. However, states are not immovable entities, in which social systems function according to mathematical equations, and from here several phenomena appear, among which that of citizens' loyalty to their own state. Thus, an analysis – even introductory – of the relationship between the political environment, the legal framework of a country and the loyalty of citizens is necessary, in order to be able to offer arguments in the direction of limiting the discretion and even the arbitrariness that the political environment can manifest.
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  • INTERNATIONAL CONSOLIDATION OF THE PERSONAL DATA PROTECTION SYSTEM

    Alejandro RODRIGUEZ ROCA
    December 2023
    This paper studies the development process of the personal data protection system that deepens its roots in privacy rights and extends its scope towards the free development of personality. All this from a global and historical evolutionary perspective with the intention of contributing to a solution to the problem of mass processing of personal information that affects the extension and limits of other fundamental rights.
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  • RESPECTING HUMAN RIGHTS AND FREEDOMS IN APPLICATION OF COERCIVE MEASURES IN THE CRIMINAL PROCESS

    Elena MORARU
    December 2023
    The problem of criminal procedural coercion can be viewed from several points of view, which touches the most diverse aspects of regulating the behavior of subjects in the criminal process. Criminal procedural coercion penetrates not only into the sphere of legal relations, rights and personal interests guaranteed by the state through the Constitution of the Republic of Moldova, but also into the sphere of psychological and ethical relations.
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  • STRENGTHENING THE STARTUP ECOSYSTEM TO DEVELOP AN INNOVATIVE ECONOMY IN GEORGIA

    Irina BENIA; Tamara SAJAIA
    December 2023
    Startups provide an opportunity to create a product that society needs. Innovation requires ideas based on everyday life. The development of innovation requires conditions that are usually combined into a startup ecosystem, an environment in which seemingly simple ideas are transformed into innovative startups, and then transformed into a business. Startups are realized ideas created with the goal of producing products that consumers need. Risky ideas, if successful, can become businesses that generate significant income. Each of us knows startups such as Facebook, Amazon, Apple, Netflix, Google very well. Founders, now already angel investors, once took the risk to create them, now they are successful ideas that turned into giants.
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  • JUSTICE AND ECONOMIC ACTIVITY

    Jorge A. RODRÍGUEZ PÉREZ
    December 2023
    The countries that have achieved the greatest material prosperity are those that have enjoyed freedom of initiative, freedom of association, freedom of labor, and freedom to use and trade acquired property. Economic freedom is an inseparable part of individual freedom, together with political freedom and civil liberty. It is true that the free initiative of individuals is the first key to progress, but institutions cannot be absent. Institutions are important because we need rules to regulate, for the benefit of all, the activity of individuals and companies, and an authority to enforce them.
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  • THE NEED TO INTEGRATE ETHICAL VALUES IN THE PROFESSIONAL ACTIVITY OF THE MAGISTRATE

    Florina MITROFAN
    December 2023
    In a democratic society, it is essential that the courts, in exercising their jurisdictional powers, enjoy independence. One of the guarantees of the rule of law is the independence of judges and of the judiciary as a whole. For the proper functioning of a society governed by the rule of law, cases must be decided independently of any influence.
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  • ETHICS, TECHNOLOGY AND RIGHTS: CHALLENGES TO JUSTICIABILITY IN THE DIGITAL ENVIRONMENT

    Ruben Miranda GONCALVES
    December 2023
    Ethics, artificial intelligence and human rights are undoubtedly three interconnected concepts that present challenges in today's times. Through artificial intelligence, the way we live and work is being transformed, but it is not far from important ethical and/or legal dilemmas. Ethics is very relevant in artificial intelligence as the technology can be used for good or bad, so it is necessary to ensure that it is used responsibly. The same goes for human rights, as they must be respected in any context, including in artificial intelligence, as it can be used to monitor people, collect data, etc., which can and do have a high impact on human rights.
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  • THE FULL EXERCISE OF INDIVIDUAL IMMIGRANT AUTONOMY FOR A BETTER DEFENCE OF HUMAN RIGHTS

    David Enrique PEREZ GOLZALES
    December 2023
    This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time now, can unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being.
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  • THE RELATIVITY OF THE IDEA OF CONSISTENCY OF LEGAL SYSTEMS

    Laura MARTIN MIRAUT
    December 2023
    The principles of unity, coherence and completeness represent the traditional idea of a legal system. The principle of coherence presents practical difficulties, because the criteria for resolving normative antinomies do not always offer an unambiguous solution. The problem goes deeper. These criteria, far from being inherent to legal reality, are relative and circumstantial. Its acceptance as a way of solving antinomies hides the real representation of the legal norm as the attribution of meaning to normative provisions. It also hides the real representation of the idea of the legal system as an expression of the dominant legal culture.
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  • TECHNOLOGY AND THE RULE OF LAW

    Rainer ARNOLD
    December 2023
    Progress in science and technology is essential for overcoming global challenges. Legal issues arise in a variety of ways. Under constitutional law, it is important to assume that the State has an obligation to promote the development of technology, but also to protect against its dangers. This obligation arises from various points of view, in particular from the State's obligation to protect the values enshrined in fundamental rights and also to ensure the development of society. This a particular concern of the principle of the social State or, in some constitutions, the idea of fundamental social rights. However, the principle of the rule of law and its individual elements are also essential for the legal assessment of technology. The aspects of the certainty of the law are of great relevance, as is the requirement that important technological decisions are not made by the administration, but only by the legislator, and also that detailed questions are decided by the administration, but on the basis of certain authorizations by parliament or, in some systems, on the basis of the autonomous normative power of the executive. Prognosis decisions are also important, as the development of technological facilities is dynamic and not all future effects can be foreseen in the present.
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  • COMPUTER PROGRAMS AND THEIR LEGAL PROTECTION FROM THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW

    Magdalena Silvia ILIE
    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.
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  • UNIONS AND CIVIL PARTNERSHIPS BETWEEN PERSONS OF THE SAME SEX. LEGAL EFFECTS IN EUROPEAN CONSENSUALISM

    Maria-Andreea STAN
    July 2023
    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.
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  • RETHINKING THE PRIVILEGE AGAINST SELF-INCRIMINATION

    Salome VARDOSHVILI
    July 2023
    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.
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  • PUBLIC DECISIONS IN CRISIS SITUATIONS

    Sorina IONESCU
    July 2023
    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.
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  • NATIONAL AND EUROPEAN JUDICIAL PRACTICE REGARDING THE CONCESSION AND SUPERFICIES AGREEMENTS, AS TOOLS FOR THE EXPLOITATION OF LANDS PRIVATELY OWNED BY THE STATE AND ADMINISTRATIVE-TERRITORIAL UNITS

    Raluca CHELARU
    July 2023
    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.
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  • A CRACK IN THE DEFENSE OF PUBLIC OWNERSHIP OF FOREST LAND

    Andrei SOARE
    July 2023
    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.
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  • THE REGULATIONS ON THE ACADEMIC ETHICS AND DEONTOLOGY. A PLUS OR A SURPLUS BROUGHT BY THE NEW HIGHER EDUCATION LAW?

    Andreea TABACU
    July 2023
    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.
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  • THE THREE HORSEMEN OF POVERTY – A LEGAL STUDY ON PERSONAL INSOLVENCY

    Bogdan RADU; Filip STĂNCULESCU
    July 2023
    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.
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  • THE WORKING TIME AND DUE SALARY RIGHTS, DURING THE SECONDMENT PERIOD, IN THE CASE OF DRIVERS WHO CARRT OUT INTERNATIONAL ROAD TRANSPORT OR CABOTAGE, IN TERRITORY OF THE EUROPEAN UNION

    Carmen Constantina NENU; Amelia Veronica GHEOCULESCU
    July 2023
    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.
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