No.2 / 2025

The 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)

This 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.

In 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.

Starting 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 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.

It 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 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.

In 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.

This 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.

Interrogation 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.

Digital 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.