THE LEGALITY ASPECTS FROM THE CONTENT OF DECISION NO. 4 OF 28 JANUARY 2021 OF CNECSDTI Cover Image

ASPECTELE DE LEGALITATE DIN CUPRINSUL HOTĂRÂRII NR. 4 DIN 28 IANUARIE 2021 A CNECSDTI
THE LEGALITY ASPECTS FROM THE CONTENT OF DECISION NO. 4 OF 28 JANUARY 2021 OF CNECSDTI

Author(s): Cristina Mihaela Salcă Rotaru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: principle of legality; ethics; investigation procedure; sanctions;

Summary/Abstract: Respect for ethics in academia is a basic, defining requirement for teaching and research activities. That is why the legislator understood to regulate the rules of ethical behavior, but also the research procedure that the bodies empowered to investigate and sanction these violations must follow. The activity of the two bodies, CEMU and especially CNECSDTI, is beginning to be felt, and the sanctions applied have in addition to the role of punishment, the role of education and prevention, as required by the rules of law. However, these effects disappear or are greatly diminished if, when censoring their decisions before the courts, it is easily found that they infringe the principle of legality. This article examines the legal aspects of the investigation procedures carried out by CNECSDTI in one of its decisions, in order to understand and highlight the reasons for its possible non-implementation.

  • Issue Year: 2021
  • Issue No: 04
  • Page Range: 22-30
  • Page Count: 9
  • Language: Romanian