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ARTIFICIAL INTELLIGENCE, PLAGIARISM AND UNIVERSITIES
Marius VĂCĂRELUJuly 2024Education is a crucial sector of society, but it does not always receive the attention from governments that it rightly deserves. Nevertheless, many of its issues are not solely dependent on the funding brought into the system, but rather on a comprehensive, integrated approach to the entire education system. The advent of the Internet – as the first major step in digitalisation – and subsequently the capabilities of Artificial Intelligence (AI) have disrupted a functioning logic that has been established for centuries, which has not been advantageous for the system. However, these technologies are here, and their effects on education multiply every day, one of which is an almost natural increase: plagiarism in universities. The contemporary context necessitates – across the full spectrum of digital systems' capabilities – that the debate on plagiarism and its prevention holds a prominent place. This is essential to preempt the numerous issues that will inevitably arise should there be a lack of prudent regulation. The text I propose will examine this situation within the dynamic framework of advancing Artificial Intelligence capabilities. -
INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS - EUROPEAN AND ROMANIAN ITINERARY
Camelia MORĂREANU DRAGNEAJuly 2024Confronting criminal phenomena that go beyond the borders of their own territories, states have realized that only their own tools to combat them are insufficient, requiring a joint effort. In the effort to combat the phenomenon of crime, it was realized that the best results against crime can only be obtained through an extensive and complex cooperative activity. In this material, we will highlight the historical course of international judicial cooperation in criminal matters on the European continent, but also in the Romanian national framework. -
THE FUNCTIONS OF THE INSURANCE OPERATION
Ioana-Nely MILITARUJuly 2024Insurance, through its valences, of an economic, technical and legal nature, also fulfills socio-economic functions to which is added the protection of people and goods against various risks. These materialize in the following functions: compensation of damages caused to the insured, prevention of damages, of a financial nature, as a result of the establishment of the insurance fund, of distribution in the process of distributing the annual profit, of control, of saving, of supporting the state. -
ARTIFICIAL INTELLIGENCE (AI) - “ALLY” IN THE SUCCESS OF INSOLVENCY AND RESTRUCTURING PRACTICES
Ionel DIDEA; Diana Maria ILIEJuly 2024The central objective of our research is to analyze and evaluate the digital transformation in the insolvency area, by identifying transformative methods and technologies that allow the robotic automation of processes, simplifying the work of insolvency practitioners, the acceleration of repetitive tasks, the creation of platforms for virtual tours of the insolvent debtor's assets by creditors and more, all of which create opportunities for legislative reform and ensuring the success of global and local insolvency practices, helping to shape and strengthen a "rescue culture", in accordance with ethical guidelines in business. What we propose is to outline answers to questions such as: Can AI become an “ally” of the debtor for the successful implementation of a judicial reorganization plan or for making a correct decision, in the sense of reorganization or liquidation of their business, anticipating economic changes and potential profit results? Is AI able to provide tailored specialist assistance to a debtor in financial difficulty, so that it adopts the optimal solutions for the recovery of the business in a timely manner? Can AI become a real support in the work of insolvency practitioners? Can AI provide the necessary support in the (r)evolution and success of insolvency practices, with an impact on the effervescence of restructuring and reorganization cases? -
BUSINESS ETHICS FROM THE PERSPECTIVE OF CORPORATE SOCIAL RESPONSABILITY
Fábio da SILVA VEIGA; Anna Flávia AZEVEDOJuly 2024This work intends to provide a brief exposition of some concepts frequently used in Business Law nowadays, and subsequently to analyze the relevance of these themes, how they can be employed as a smokescreen to conceal the true interests of business management. In addition, it seeks to discuss ISO 26000, the 2030 Agenda and the correlation of these commitments with business management practices and the commitment to social responsibility. Finally, yet importantly, it presents the challenge of data analysis since the interest in profit is achieved by companies even when it is not openly defended that this is the organization's priority. Furthermore, the power that information on social networks and social judgment on corporate actions have is a relevant point in terms of strategy and corporate culture. Keywords: Corporate social responsibility, business ethics, corporate conduct duty. -
ARTIFICIAL INTELIGENCE AND BIOLAW IN THE “FUTURE” SURGICAL INTERVENTIONS PERFORMED BY ROBOTS WITH A.I VERSUS TELEMEDICINE
João PROENÇA XAVIER; Giovana CRUZJuly 2024This 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. -
COMPLAINT FOR LENGTHINESS OF PROCEEDINGS IN THE LIGHT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND POLISH LEGAL SOLUTIONS
Igor ZGOLINSKIJuly 2024The institution of a complaint for violation of a party's right to a hearing within a reasonable time has two clearly distinguishable legal dimensions. The first is the European dimension, which became in Poland the cause of the introduction into the legal order of the relevant legal solutions related to the excessively long and harmful to the parties conduct of proceedings before the judicial authorities. As a consequence, the second legal dimension - domestic - was created. Originally, it concerned only the determination of protractedness in a given judicial proceeding. With the passage of years, the strong influence of ECHR case law has resulted in the evolution of domestic normative construction and their extension to pre-trial proceedings, conducted by law enforcement agencies, and to enforcement proceedings, conducted by bailiffs. This interesting coincidence is the main content of the article, which discusses in detail the most important threads of the title issue and reveals the main practical aspects related to the application of legal norms dedicated to persons against whom the judicial authorities act too dilatorily. -
HORIZONTAL EFFICACY OF FUNDAMENTAL RIGHTS IN BRAZIL
Marcelo FIGUEIREDOJuly 2024As we know, fundamental rights are the result of a long process of historical maturation, which involves struggle, achievements and sometimes even setbacks. The meaning of the expression “horizontal effectiveness” points to the effectiveness of fundamental rights in the course of private relationships, that is, to those relationships in which the State does not act directly. -
THE RULE OF LAW AS THE BASIS OF CONSTITUTIONALISM
Rainer ARNOLDJuly 2024The rule of law is the central principle of every human-centered, i.e. liberaldemocratic constitution. The state community is bound to the law in its hierarchical structure; the primacy of the constitution is essential to today's constitutionalism and extends the earlier restriction of the rule of law to legality, i.e. to the primacy of the simple law over the executive. The normative existence of this principle is independent of whether it is a written or unwritten part of the constitutional order. The example of Great Britain, with parliamentary sovereignty as the supreme constitutional principle, shows how difficult it is to safeguard the rule of law against unrestricted access by the legislature. From a comparative legal perspective, a constitutional model of the rule of law has emerged. -
THEORETICAL AND APPLICATIVE ISSUES REGARDING CHANGES IN THE LEGAL CLASSIFICATION
Patric Daniel GHEBARUDecember 2025The legal classification against which the criminal prosecution in rem or in personam is stage, regardless of the procedural phase, constitute genuine problems of application of criminal procedural law with major implications on the legal situation of the accused person. Therefore, considering that it is not exaggerated to dedicate a praxiological analysis to the change of the legal classification of the act, the present study aims to address in detail certain legal issues arising in judicial practice regarding the applicability of this institution. carried out (with suspect and defendant in the case) and the subsequent notification to the court by issuing the indictment, in relation to which the object and limits of the trial are established, as well as the possibility of changing the legal classification during the trial In the specialized literature, it is argued that the legal classification involves establishing the legal text that provides for the offense in the standard version or, if applicable, in an aggravated or qualified version or in a less serious version compared to the standard version. If the act constitutes an attempt, the legal classification involves establishing both the legal text that provides for the offense and the applicable punishment, as well as the text that provides for the punishment of the attempt of that offense. In the case of participation, the legal classification involves, in addition to establishing the incriminating text of the act, also determining the contribution of each participant to the commission of the offense, as well as establishing the legal text that provides for and sanctions that contribution. Finally, in the case of a plurality of offenses or enforcement acts, the legal classification involves additionally establishing whether this plurality constitutes a contest of offenses, a recidivism or a continued offense. The legal classification also involves establishing the legal provisions that also affect the outcome of the criminal trial. The finding that another legal text provides for and sanctions the act for which the court was notified, therefore establishing a different legal basis for criminal liability than that shown by the notification act (indictment) -
DIGITAL CRIME. ANALYSIS OF THE PHENOMENON AND ITS IMPACT
Cătălin Ionuț BUCURDecember 2025This article provides an in-depth analysis of digital crime, a complex and constantly evolving phenomenon that is redefining the global criminal landscape. It explores its origins and historical development, detailing the types and methods of attack, with a particular focus on social engineering as the predominant vector. -
EXPRESS VOLUNTARY ACCEPTANCE OF INHERITANCE THROUGH A DOCUMENT UNDER PRIVATE SIGNATURE: A THEORETICAL AND CASE LAW ANALYSIS
Viorica POPESCUDecember 2025In Romanian inheritance law, the acceptance of an inheritance constitutes an essential act with multiple legal implications, such as the consolidation of the heir’s title, the transfer of the estate, which is finalised through the acceptance of the inheritance, and the liability of the heirs for the debts and encumbrances of the estate only with the assets forming part of the estate (intra vires hereditatis), in proportion to each one’s share. The Civil Code regulates two main forms of acceptance of an inheritance: express and tacit, express acceptance itself being possible either by authentic instrument or by a document under private signature. However, the choice of this latter form raises a series of questions regarding its efficiency, legal certainty and, not least, its practical consequences. The present study aims to analyse this form of acceptance of a succession not only from a theoretical, but also from a practical perspective, identifying its advantages and disadvantages and highlighting the impact of this option on heirs and third parties. -
THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT RULING ON THE EXCEPTION OF UNCONSTITUTIONALITY
Florina MITROFANDecember 2025Starting from the role of the Constitutional Court as guarantor of the supremacy of the Constitution, this study analyzes the effects of decisions issued by the Constitutional Court in the exercise of subsequent constitutionality control, identifying both general and specific procedural aspects retained in its vast jurisprudence on the matter. -
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON FUNDAMENTAL HUMAN RIGHTS
The accelerated development of artificial intelligence (AI) poses significant challenges to the protection of fundamental human rights, enshrined in key documents such as the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights and the Universal Declaration of Human Rights. While AI technologies can improve administrative efficiency and access to justice, their uncontrolled or non-transparent use can pose major risks to rights such as privacy, equality, freedom of expression or the right to a fair trial. Moreover, facial recognition and intelligent surveillance systems can lead to an erosion of privacy and excessive monitoring of citizens, with the potential for abuse by authorities. At the same time, the use of AI in justice or in the automated selection of beneficiaries of public services can affect the right to a fair trial and equal access to resources, in the absence of clear human control and an effective challenge mechanism. From a legal perspective, a clear and predictable regulation of AI is necessary, which respects the principles of the rule of law, includes democratic control mechanisms and ensures the accountability of the actors involved (developers, authorities, users). In this regard, the AI Act proposed by the European Commission in 2021 represents an important step, attempting to introduce a risk-based approach and prohibit systems that clearly violate fundamental rights. In conclusion, for technological development to remain compatible with democratic values, it is essential that AI is developed, implemented and overseen within a solid legal framework, centered on the respect and promotion of human rights. -
THE MECHANIC PUBLIC SERVANT AND THE POWER OF ARTIFICIAL INTELLIGENCE
Marius VACARELUDecember 2025It is a truism today to state the idea that "the world is facing profound changes never seen before." Not at all false, the idea allows for deep thinking but also the repetition of stereotypes or banalities, which does not help anyone concerned with making plans for the future. In this formulation of ideas and thoughts, there are some areas that many people look at with fear, like public administration, justice, public budgets etc. On one hand, we have the fear of all civil (public) servants, who do not know how much of their activities will survive the new political-technological and socio-demographic changes, and on the other hand, we have those subject to public administration, who from the dawn of the new era seek a perfection of the idea of good governance to the highest possible level. All these issues today are both in competition and in a certain form of ideological collaboration, and the text I propose tries to fix some of the lines of this new reality of public administration and what it will in turn determine in society, in an integrative visions. -
WATER ETHICS: COMMODITY OR FUNDAMENTAL RIGHT?
Ciprian UNGUREANU; Andreea BURUIANĂDecember 2025Water is the essence of life and lies at the center of a current ethical and political debate: should it be treated as a market commodity or as a fundamental right for all living beings? In recent decades, economic pressures and corporate interests have led to the commercialization of water, with private companies controlling distribution and setting prices, which can limit access for vulnerable populations. Proponents of water markets argue that market mechanisms increase efficiency and fund infrastructure development. Critics, however, contend that life should not be sold and that treating water as a commodity exacerbates inequalities. Internationally, water is recognized as a fundamental human right: in 2010,the United Nations General Assembly declared that access to safe drinking water and adequate sanitation is a human right. This recognition extends beyond human needs to include the protection of ecosystems and future generations. The ethical debate raises fundamental questions about equity, justice, and responsibility: is it morally acceptable to profit from a resource essential to life? In conclusion, while market mechanisms may provide efficiency, the moral weight of water as a life-sustaining resource supports its recognition as a fundamental right. Universal access to clean water and the protection of ecosystems are imperatives for ethical governance and global sustainability. -
THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINION ON CLIMATE CHANGE: IMPLICATIONS AND POLICY FOR SOUTH AFRICA
Kiyasha THAMBIDecember 2025In July 2025, the International Court of Justice (ICJ) delivered a landmark advisory opinion affirming binding obligations on states under international law to take effective action against human induced climate change. This paper analyzes the ICJ ruling’s legal foundations and implications for South Africa, a climate-vulnerable developing country with socio-economic challenges and coal dependence. The ICJ opinion grounds state duties in treaties, customary international law, and international human rights law, mandating "deep, rapid and sustained" emission reductions, prevention of transboundary harm, and equal legal status for adaptation alongside mitigation (International Court of Justice. (2025). Advisory Opinion on State Obligations in Respect of Climate Change (23 July 2025) paras. 47, 50). The paper provides concrete recommendations for reforming South African climate legislation, enhancing ambition, advancing climate justice advocacy, and securing a just transition. A concise policy brief is appended to assist ministers in operationalizing the ruling’s imperatives. -
FORMS OF LEGAL LIABILITY AND THEIR INCIDENCE IN CASES OF VIOLATIONS OF LAND LEGISLATION
Tatiana STAHI; Angela TALAMBUȚĂDecember 2025This article examines the issue of legal liability applicable to violations of land and cadastral legislation, analysing it within the framework of the new regulations introduced by the Land Code of the Republic of Moldova. The study highlights the contemporary relevance of the debate on the forms of legal liability and argues that land liability may be regarded as a distinct form of legal liability, shaped as a response to the need to protect both public and private interests. It further explores the forms of liability and their incidence in cases of breaches of land legislation, namely civil, contravention and criminal liability, against the backdrop of cadastral modernisation, the digitalisation of real estate management processes and the increasing number of disputes concerning boundaries and land use. The paper analyses both the conceptual foundations and the practical applicability of liability, with reference to jurisprudence, current challenges and directions for legislative improvement, including comparative insights from European states. -
HEARING IN CRIMINAL PROCEEDING – PURPOSE AND STAGES
Elena MORARUDecember 2025Interrogation is an investigative action consisting of the investigative body obtaining, in accordance with the rules established by law, testimony from the person being interrogated about facts known to them that are relevant to the subject matter of the criminal case. Interrogation combines a complex of techniques and methods, both tactical and psychological. The hearing combines a complex set of techniques and methods, both tactical and psychological. -
RE-ENGINEERING SOCIETY: LEGAL, INSTITUTIONAL, AND TECHNOLOGICAL DIMENSIONS OF DIGITAL TRANSFORMATION
Giorgi KHARSHILADZEDecember 2025Digital transformation is a multifaceted process that reconfigures social, economic, institutional, and legal structures through the diffusion of information and communication technologies. This paper examines digital transformation as a process of societal re-engineering by integrating three analytical lenses: legal and regulatory frameworks, institutional and governance change, and technological foundations and socio-economic outcomes. Drawing on established scholarship in surveillance capitalism, network society theory, and economic analyses of digital technologies, as well as contemporary regulatory developments (notably the EU General Data Protection Regulation and the EU Artificial Intelligence Act), the study maps how legal norms, institutional capacities, and core technologies interact producing novel risks and opportunities. The analysis emphasizes tensions between innovation and rights protection, the necessity of interoperability and institutional redesign for public sector digitalization, and the distributional effects of automation and platformization on labor and markets. The paper concludes with policy recommendations for balanced regulatory design, capacity building in public institutions, and ethical governance mechanisms to steer digital transformation toward social resilience and democratic accountability. -
PARENTAL ALIENATION
Parental alienation is an increasingly common phenomenon. Imagine a parent who brainwashes a child. This produces negative effects in the child's life in the long term. Child alienation influences and should influence court decisions. A child can become alienated from the parent who initiated the divorce. The parent who ends up spending more time with the child ends up having hostile behavior towards the other parent. The paper aims to present the gravity and complexity of the phenomenon of parental alienation, to underline the consequences of this type of emotional abuse, as well as to highlight the applicable national and international legislative framework, while also offering solutions for preventing and combating this destructive behavior for the best interests of the child. -
THE RIGHT TO PROPERTY AND MECHANISMS FOR RECOVERY OF CRIMINAL ASSETS IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA FROM THE PERSPECTIVE OF FUNDAMENTAL RIGHTS PROTECTION AND THE EFFECTIVENESS OF COMBATING CRIME
Petru HARMANIUCJuly 2025State interference with the right to property in the context of criminal proceedings represents a particularly sensitive and complex issue, as it entails the restriction of a fundamental right enshrined in both the Constitution and international treaties, including the European Convention on Human Rights. According to the jurisprudence of the European Court of Human Rights, any measure that limits the right to property such as seizures, confiscation, inqyisition, asset freezing, or the imposition of criminal fines, must meet three essential criteria: it must be prescribed by law, pursue a legitimate aim, and be proportionate to that aim. Failure to satisfy these conditions may render the measure arbitrary, thereby exposing the state to liability for the violation of fundamental rights. In the Republic of Moldova, amid an intensified campaign against organized crime and corruption, special mechanisms have been established to enable state intervention with respect to assets owned by individuals involved in criminal activity. These instruments include extended confiscation, the administration of seized assets by the Criminal Assets Recovery Agency, and other procedural measures specific to the criminal justice system. However, the implementation of such mechanisms raises serious concerns regarding their compatibility with European human rights standards. These developments give rise to a series of practical and constitutional challenges: the risk of abuse by public authorities, the difficulty of maintaining a fair balance between the public interest and individual rights, and the pressing need to align the domestic legal framework with the standards established by the European Court of Human Rights (ECtHR). Only by ensuring such a balance can the effective protection of the right to property in criminal proceedings be guaranteed -
ADMINISTRATION OF EVIDENCE IN THE TRIAL PHASE OF A CRIMINAL CASE
Camelia Maria MORĂREANU-DRAGNEAJuly 2025By virtue of the principle of immediacy, the purpose of the judicial investigation consists in the direct and immediate administration of evidence previously obtained during the criminal investigation phase. This mode of administration gives the court the opportunity to perceive the evidence directly, a fundamental aspect for forming its own conviction on the factual situation and, implicitly, for adopting a sound solution. -
USING ARTIFICAL INTELLIGENCE IN FIGHTING CRIME AND RESPECTING HUMAN RIGHTS
Loredana TEREC-VLADJuly 2025The use of artificial intelligence (AI) in the field of public safety represents a major evolution in the way authorities prevent and investigate crime. Through predictive analytics, facial recognition, big data processing and automation of judicial processes, AI can contribute to making police and judicial activities more efficient. This technology offers significant benefits, such as faster identification of criminals, anticipating crimes and reducing the burden on courts. According to the European Convention on Human Rights (ECHR) and the General Data Protection Regulation (GDPR), the use of AI must respect fundamental principles such as legality, proportionality and non discrimination. In particular, Article 8 of the ECHR protects privacy, Article 14 prohibits discrimination and Article 6 guarantees the right to a fair trial. In this context, the EU Regulation on Artificial Intelligence (AI Act), currently in the process of being adopted, proposes a classification of the risks associated with AI systems and sets strict requirements for applications used in the field of public safety. In conclusion, the use of AI in the fight against crime must be carried out within a clear legal framework, ensuring the balance between public safety and the protection of fundamental human rights. Any application of AI in this area must be transparent, humanly controlled and subject to effective oversight and legal accountability mechanisms. -
ARTIFICIAL INTELLIGENCE AND CRIMINAL LAW: CHALLENGES, OPPORTUNITIES AND PERSPECTIVES
Andreea CORSEIJuly 2025Artificial intelligence (AI) is increasingly penetrating the field of criminal law, offering solutions for streamlining investigations, judicial decision-making and crime prevention. However, the use of AI raises complex issues regarding criminal liability, respect for fundamental rights and transparency of automated decisions. The main risks include algorithmic discrimination, lack of human control and the legislative vacuum regarding the regulation of AI in justice. In order to avoid abuses and protect the rights of persons involved in criminal proceedings, clear regulation is needed, ensuring transparency, fairness and mandatory human intervention in critical decisions. Thus, AI offers important opportunities for the modernization of the criminal justice system, but these must be managed within a well-defined legal and ethical framework.
ISSN print: 1583-0772 (valabil până în 2012)
ISSN online: (din 2013) 2344-6900
ISSN-L: 1583-0772
Nr.2/2025
Journal Legal and Administrative Studies
Copyright ©2025, All rights reserved
A project developed by Enformation
THEORETICAL AND APPLICATIVE ISSUES REGARDING CHANGES IN THE LEGAL CLASSIFICATION
DIGITAL CRIME. ANALYSIS OF THE PHENOMENON AND ITS IMPACT
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON FUNDAMENTAL HUMAN RIGHTS
THE MECHANIC PUBLIC SERVANT AND THE POWER OF ARTIFICIAL INTELLIGENCE
WATER ETHICS: COMMODITY OR FUNDAMENTAL RIGHT?
THE INTERNATIONAL COURT OF JUSTICE ADVISORY OPINION ON CLIMATE CHANGE: IMPLICATIONS AND POLICY FOR SOUTH AFRICA
FORMS OF LEGAL LIABILITY AND THEIR INCIDENCE IN CASES OF VIOLATIONS OF LAND LEGISLATION
HEARING IN CRIMINAL PROCEEDING – PURPOSE AND STAGES
RE-ENGINEERING SOCIETY: LEGAL, INSTITUTIONAL, AND TECHNOLOGICAL DIMENSIONS OF DIGITAL TRANSFORMATION
