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Law and global crises. Legal implications of the health crisis Cover Image

Dreptul si crizele globale. Implicatii jurdice ale crizei sanitare
Law and global crises. Legal implications of the health crisis

Author(s): Mircea Dutu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: law; global crises; health crisis;
Summary/Abstract: Confronted with the health crisis, the legal systems reacted in many ways similarly and a first assessment in this regard can reveal important conclusions. The major challenges were aimed at finding a balance between respect for fundamental freedoms and collective responsibilities, between the freedom and safety of the citizen, the adoption of exceptional measures (some of which tend to become permanent), as well as the outline of a model as comprehensive as possible - including in terms of law - of response to global crises. The implications of the "shock" of the pandemic health crisis on each branch of law, from concepts to concrete regulations, compliance with the requirements of the rule of law, the administration of justice or the exercise of legal professions, the constitution of "coronavirus law" or that of emergency situations and their implications on to the general development of law and its science are as many issues on which we have proposed to debate as comprehensively as possible in the 2022 annual session of ICJ scientific communications.

  • Print-ISBN-13: 978-606-39-1111-8
  • Page Count: 322
  • Publication Year: 2022
  • Language: Romanian
Studiu teoretic și practic privind procedura insolvenţei persoanei fizice

Studiu teoretic și practic privind procedura insolvenţei persoanei fizice
(Theoretical and practical study on the insolvency procedure of the natural person)

  • Author(s):Dumitru Dobrev
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, General Reference Works, Source Material, Commercial Law
  • Page Range:13-19
  • No. of Pages:7
  • Keywords:law on insolvency proceedings applicable to individuals; creditor; debtor; freelancers; insolvency practitioner;
  • Summary/Abstract:This study represents an assessment of Law no. 151/2015 both from a scholarly point of view and especially from the point of view of the recent case-law. Upon analyzing this piece of legislation from a comparative standpoint as well as from the perspective of the specificities pertaining to the Romanian judicial system, we believe that the goal pursued by the legislator would be easier to achieve if an amendment/supplement were made that would aim at fine-tuning certain texts that had caused difficulties in practice.
Divergențe jurisprudențiale în materia formularului digital de intrare în țară, ca mijloc de prevenire a expunerii persoanelor la Covid-19

Divergențe jurisprudențiale în materia formularului digital de intrare în țară, ca mijloc de prevenire a expunerii persoanelor la Covid-19
(Jurisdictional Differences on the Digital Entry Form as a Means of Preventing Persons Exposure to Covid-19)

  • Author(s):Andrei-Radu Dincă, Ioana-Anamaria Filote-Iovu
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law, ICT Information and Communications Technologies
  • Page Range:20-29
  • No. of Pages:10
  • Keywords:digital entry form; pandemic; territorial jurisdiction; temporary law; decriminalization;
  • Summary/Abstract:In the present study, the authors aim to highlight the successive legislative changes implemented in domestic law in the context of the introduction of the digital entry form, in order to combat the effects of Covid-19 pandemic. The authors also present the differences in judicial practice in the application of specific legislation, aimed at determining the territorial jurisdiction to resolve cases having as object a contraventional complaint, by reference to successive amendments to the law, on the the relevant moment for establishing the competence and the legal consequences resulting from these legislative changes. Finally, the authors aim to offer some solutions arising from the analysis of the identified jurisprudential problems.
Provocările privind neexecutarea promisiunilor bilaterale de vânzare determinate de criza sanitară generată de pandemia COVID-19 (SARS-CoV-2)

Provocările privind neexecutarea promisiunilor bilaterale de vânzare determinate de criza sanitară generată de pandemia COVID-19 (SARS-CoV-2)
(Challenges Regarding Non-Fulfillment of Bilateral Sales Promises Caused by the Health Crisis Generated by the Covid-19 Pandemic (Sars-cov-2))

  • Author(s):Mirela-Carmen Dobrilă
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
  • Page Range:30-43
  • No. of Pages:14
  • Keywords:bilateral sales promises; pre-contract; COVID-19 pandemic/SARS-COV-2 virus; high housing prices; non-fulfillment of bilateral sales promises (breach of the contract); termination clause;
  • Summary/Abstract:This article examines the issues related to non-fulfillment of bilateral sales promises (breach of the contract) or an execution that does not meet the expectations of the promising buyer, closely related to the economic impact of the COVID-19 pandemic, the uncertainties regarding the security in Ukraine and, especially, in correlation with the issues related to the increase in real estate prices, which causes some real estate developers to stop executing pre-contracts or to ask for increased prices, according to the current requirements of the real estate market. In addition to the need for the promising buyer to be informed in advance and to understand the content of the concluded pre-contract, the article analyzes aspects regarding the situations in which the pandemic can be considered to meet the conditions to represent force majeure or to apply the theory of imprevision. The article highlights the solutions that the promising buyer has in case of non-execution of the bilateral sales promises by the promising seller, analyzing also aspects regarding the termination clause (which gives the parties the right to unilaterally terminate the contract in exchange for a sum of money) and the penalty clause from the pre-contracts.
Perspective juridice asupra mecanismelor de finanțare ale societăților pe acțiuni în perioade de turbulențe economice

Perspective juridice asupra mecanismelor de finanțare ale societăților pe acțiuni în perioade de turbulențe economice
(Legal Perspectives on the Financing Mechanisms of Joint Stock Companies in Periods of Economic Turbulence)

  • Author(s):Ionut-Vlad Musca
  • Language:Romanian
  • Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Fiscal Politics / Budgeting, Commercial Law
  • Page Range:44-48
  • No. of Pages:5
  • Keywords:stock companies; bank loans; corporate bonds; share capital increase; Bucharest Stock Exchange;
  • Summary/Abstract:Stock companies that are listed on the Bucharest Stock Exchange can rely on different forms of financing: bank loans, issue of corporate bonds, share capital increase by issuance of new shares. Each mechanism has its specific advantages and disadvantages, which are to be tested in a turbulent economic landscape, characterized by the rising inflation rate and the quantitative tightening process led by the central banks. Through this study we set out to examine in a comparative manner the above-mentioned possibilities, trying all the time to tackle the problem from both an economic and a legal perspective.
Munca hibrid pe piața muncii post-pandemică

Munca hibrid pe piața muncii post-pandemică
(Hybrid Work in the Post-pandemic Labor Market)

  • Author(s):Raluca Dimitriu
  • Language:Romanian
  • Subject(s):Economy, Law, Constitution, Jurisprudence, ICT Information and Communications Technologies, Labour and Social Security Law
  • Page Range:51-60
  • No. of Pages:10
  • Keywords:labour law; hybrid laboor; telework; labour market; pandemic;
  • Summary/Abstract:Remote work has grown exponentially during the alert state, when employers were not only encouraged but even required by law to order teleworking whenever possible. After the end of the alert state, the face-to-face activity was resumed, without abandoning the ways of carrying out the activity that have already proved to be advantageous. Hybrid work, carried out partly at the employer's premises and partly remotely, in a workplace organized by the employee, seems to be the perfect compromise for the current period. However, it comes not without its challenges and disadvantages, and this paper aims to explore them. We propose an analysis of labor law, but also of human resources management, of the potential of this type of work, not yet expressly regulated in the Romanian legislation, as well as the formulation of some proposals of lege ferenda in the matter of hybrid work.
Modificării ale legislației muncii determinate de criza sanitară din ultimii doi ani

Modificării ale legislației muncii determinate de criza sanitară din ultimii doi ani
(Amendments to Determined Labor Law Health Crisis in the Last Two Years)

  • Author(s):Dan Ţop, Ana Maria Alexandra Iancu
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, ICT Information and Communications Technologies, Labour and Social Security Law
  • Page Range:61-70
  • No. of Pages:10
  • Keywords:COVID-19 pandemic; flexibility of labor relations; state of emergency; telework; kurzarbeit;
  • Summary/Abstract:Legislative changes in the last two years, largely due to the pandemic that has swept society as a whole, have also affected the classic development of labor relations. Law no. 55/2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, in section 3 (art. 16 - 31) established a series of measures to adequately protect labor relations. Measures were needed to protect the workplace even after the end of the state of emergency, in order to avoid the precarious state of the employees generated by the post-pandemic problems. All the changes that labor legislation has undergone have taken into account the highest possible protection of employees by establishing a new workplace culture in terms of interrelationships and health protection.
Criza sanitară - un exercițiu impus de flexibilizare a raporturilor de muncă. Observații critice și propuneri de lege ferenda pe marginea Legii nr. 81/2018 privind reglementarea activității de telemuncă

Criza sanitară - un exercițiu impus de flexibilizare a raporturilor de muncă. Observații critice și propuneri de lege ferenda pe marginea Legii nr. 81/2018 privind reglementarea activității de telemuncă
(The Health Crisis - an Exercise Imposed to Make Labor Relations More Flexible. Critical observations and proposals for law ferenda on the side of Law no. 81/2018 on the regulation of telework activity)

  • Author(s):Corina Mihaela Marcu-Şiman
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, ICT Information and Communications Technologies, Labour and Social Security Law
  • Page Range:71-79
  • No. of Pages:9
  • Keywords:work relationship; digital era; teleworking; flexicurity; the right to disconnect;
  • Summary/Abstract:The present study aims to analyse, from legal perspective, the impact of technological development on working relationships. The benefit of teleworking has been unequivocally proven during the COVID-19 pandemic. The legal pre-existing frame represented by Law no. 81/2018 regarding teleworking has proven its practical utility, but also its limitations and vulnerable points, which claims for immediate improvement. Therefor, this study includes both criticism and de Lege ferenda propositions concerning Law no. 81/2018.
Unele considerații privind măsurile de ocrotire a persoanei fizice în contextul modificării și completării Codului civil

Unele considerații privind măsurile de ocrotire a persoanei fizice în contextul modificării și completării Codului civil
(Some considerations regarding measures to protect the individual in the context of amending and supplementing the Civil Code)

  • Author(s):Cristiana Mihaela Crăciunescu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:80-85
  • No. of Pages:6
  • Keywords:individuals with limited discernment; judicial counseling; special guardianship; guardian; protected individual;
  • Summary/Abstract:Declaring the unconstitutionality of the provisions of Art. 164 Section (1) of the Civil Code, which regulated the ban, requires the regulation of the way in which individuals without discernment or with limited discernment will be able to be protected, taking into account the individualization of their degree of incapacity and its evolution over time. In this context, the legislator adopted a law amending and supplementing the Civil Code and other normative acts. This law regulates a series of measures that seek to protect vulnerable persons in compliance with the requirements of Article 50 of the Constitution and with those of Article 12 of the Convention on the Rights of Persons with Disabilities. The aforementioned concern the need to ensure the safeguards that must accompany the measures to protect persons. Law no. 140/2022 includes new protection measures: assistance for concluding legal acts, protection mandate, judicial advice and special guardianship. The new law also complements the existing regulations on juvenile guardianship and special guardianship, as well as the procedural provisions applicable to these types of cases. Although necessary, the new regulation is not without its flaws, which will require finding effective solutions in the jurisprudence they will generate.
Gândirea comunicațională și dreptul în contextul crizelor sociale

Gândirea comunicațională și dreptul în contextul crizelor sociale
(Communication Thinking and Law in the Context of Social Crises)

  • Author(s):Ion Craiovan
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Communication studies, Philosophy of Law
  • Page Range:89-94
  • No. of Pages:6
  • Keywords:communication; communication thinking; law; social crisis; global society;
  • Summary/Abstract:The communication approach transcends the divides and boundaries between scientific disciplines, it aims to propose a paradigm that not only connects them - through its characteristic of transversality, to operate joints between ”separate fields” - but also to enhance and give them a meaning, as an attempt at a globalizing perspective that allows a reinterpretation of partial contributions. (M.Miege). In this way, a model of dialogical reason is cultivated in which the starting point is no longer consciousness but communication processes. The validation of norms, institutions, rights, transcends the consciousness of any subject, resolves the tension between norm and reality. These theses, as well as others, that we refer to in this paper profoundly mark the configuration, interpretation and application of law in the context of the global society plagued by severe social crises.The communication approach transcends the divides and boundaries between scientific disciplines, it aims to propose a paradigm that not only connects them - through its characteristic of transversality, to operate joints between ”separate fields” - but also to enhance and give them a meaning, as an attempt at a globalizing perspective that allows a reinterpretation of partial contributions. (M.Miege). In this way, a model of dialogical reason is cultivated in which the starting point is no longer consciousness but communication processes. The validation of norms, institutions, rights, transcends the consciousness of any subject, resolves the tension between norm and reality. These theses, as well as others, that we refer to in this paper profoundly mark the configuration, interpretation and application of law in the context of the global society plagued by severe social crises.
Cultura și patrimoniul cultural în era crizelor globale

Cultura și patrimoniul cultural în era crizelor globale
(Culture and Cultural Heritage in the Age of Global Crises)

  • Author(s):Mirel-Sorin Ivan
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Museology & Heritage Studies, Library and Information Science, Sociology, Health and medicine and law, Sociology of Law
  • Page Range:95-103
  • No. of Pages:9
  • Keywords:culture; cultural heritage; pandemic; global crises; access to culture;
  • Summary/Abstract:We live in an era of big changes and large-scale crises. Against the background of globalization, digitalization and hyper-pragmatization of existence, civilization is undergoing major transformations and evolutions, under such concepts as: ‘post-truth’, ‘post-culture’, ‘post-religion’, ‘post-humanism’, etc. In a broad sense, the notion of ‘post-culture’ can also define the decline of culture in the conditions of the world’s prevalent orientation towards material values and consumerism, under the pressure of an exacerbated pragmatism. At the same time, we are going through a time of big crises, successive or simultaneous: regional conflicts, increasing tensions among the great powers, the COVID-19 pandemic, the war in Ukraine, new epidemics threatening humanity, growing economic crises, etc. The pandemic drastically limited the access to culture, events, exhibitions, shows, archeological sites, etc. for two years. Wars endanger cultural goods, cause their degradation or destruction, also providing a framework for illicit operations. Economic crises, paroxysmal increases in costs overshadow the field of culture in terms of priority and importance. All these processes and global evolutions have an impact in the Romanian space as well, affecting culture and the national cultural heritage. Culture, deeply linked to education, is the means of building the individual spiritually, intellectually and morally, and the cultural heritage remains the background of a civilization’s spirituality, the framework of a people’s identity values in the concert of European and global diversity. Beyond crises and pandemics, culture and the legal protection of cultural heritage must remain a priority for every state. In the Romanian legal system, access to culture is a fundamental right enshrined in the Constitution.
Dreptul în vremuri de pandemie și război

Dreptul în vremuri de pandemie și război
(Law in Times of Pandemic and War)

  • Author(s):Radu Stancu
  • Language:Romanian
  • Subject(s):Politics / Political Sciences, Politics, Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Sociology, Security and defense, Studies in violence and power, Health and medicine and law, Victimology, Philosophy of Law, Comparative Law
  • Page Range:104-115
  • No. of Pages:12
  • Keywords:comparative law; the civil act; fundamental rights; human rights; pandemic; Covid-19; war; international humanitarian law; abortion law; rights violations; legal revolution;
  • Summary/Abstract:The study aims to analyze the reaction of legal systems to the convulsions in European society caused by the Covid-19 health crisis, the war in Ukraine and the revocation of abortion rights in the U.S. With a cross-cutting approach, the article seeks to leave in the reader's mind a non-exhaustive overview of the limits of his rights through the sometimes-disproportionate reactions of the state. Extraordinary events, however, they are not a novelty for humanity. The question therefore arises as to whether the "violence" of restrictive measures on fundamental human rights could be prevented. Then, by approaching a state of emergency as normal, have human rights undergone a transformation in their substance? From a subjective point of view, the study takes stock of the legal war waged by the international community against the armed war since the end of World War II. War sometimes waged in the name of human rights, through the belligerent events of Eastern Europe, proves to us that it is not over yet and new appropriate legal measures are required. What will be the legal consequences of these is another issue discussed in the article.
Considerații privind implementarea unor instrumente și soluții digitale în vederea îmbunătățirii funcționării sistemului judiciar

Considerații privind implementarea unor instrumente și soluții digitale în vederea îmbunătățirii funcționării sistemului judiciar
(Considerations Regarding the Implementation of Digital Tools and Solutions to Improve the Functioning of the Judiciary System)

  • Author(s):Claudiu Ramon Butculescu
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, ICT Information and Communications Technologies
  • Page Range:116-122
  • No. of Pages:7
  • Keywords:pandemics; digitalization; online; judiciary system; trial;
  • Summary/Abstract:For the last two years, the entire world has been under the ban imposed by the Covid-19 pandemic. These prohibitions have materialized in the social environment through numerous restrictions, which have produced effects both in the legal systems, taken as a whole, and in the judicial systems themselves. Due to the need to continue judicial proceedings, different and varied solutions have been envisioned and used in most legal systems. As the Covid-19 Pandemic has ended, of course, it is necessary to analyze the extent to which the solutions implemented during this period are still valid or useful. This paper aims to analyze the possibility of implementing permanent digital tools to improve the functioning of the judiciary. A first premise considered in the drafting of this paper is related to the need to ensure the fastest possible access to the information of a file in the judicial circuit, while the second premise concerns the possibility of conducting legal proceedings by means of distance communication, including in civil trials, which would undoubtedly lead to a significant reduction in legal costs. At the end of the paper, a few conclusions are presented regarding the possible use of digital instruments and solutions on a permanent basis, not only during the period of restrictions imposed because of the onset of pandemics.
Corelația dintre deciziile interpretative ale Înaltei Curți de Casație și Justiție și normele juridice

Corelația dintre deciziile interpretative ale Înaltei Curți de Casație și Justiție și normele juridice
(The Correlation Between the Interpretive Decisions of the High Court of Cassation and Justice and the Legal Norms)

  • Author(s):Iulia Boghirnea
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:123-128
  • No. of Pages:6
  • Keywords:interpretative decisions; High Court of Cassation and Justice; divergent judicial practice; interpreted legal norms; obscure; insufficient or lacunary legal norms; the obligation of the judge to rule;
  • Summary/Abstract:The interpretative decisions of the High Court of Cassation clarify the legal norms when they have led or could lead to a divergent legal practice. In the present study, we will analyze the connection between the unclear, incomplete or lacunar legal norms, the non-unitary judicial practice of the courts and the principial decisions of the High Court of Cassation and Justice.
Conținutul normei juridice în contextul crizei Covid. Ordonanța – Hotărâri – Ordine de ministru

Conținutul normei juridice în contextul crizei Covid. Ordonanța – Hotărâri – Ordine de ministru
(The Content of the Legal Rule in the Context of the Covid Crisis. Ordinance - Decisions - Minister Order)

  • Author(s):Ion Flămînzeanu
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, Philosophy of Law, EU-Legislation
  • Page Range:129-133
  • No. of Pages:5
  • Keywords:crisis; ordinance; changes; borders; effects;
  • Summary/Abstract:As evidenced by the Covid-19 pandemic, the crises are becoming more complex and do not stop at the borders. The EU and its Member States have already set up cross-border cooperation and solidarity mechanisms to effectively manage crises and protect people. The EU's response to crises needs to evolve, as other acute crises can occur that could be multidimensional or hybrid, have cascading effects or occur simultaneously.
Criza sanitară SARS-CoV-19 – criză a Dreptului?

Criza sanitară SARS-CoV-19 – criză a Dreptului?
(SARS-CoV-2 Health Crisis – Crisis of Law?)

  • Author(s):Cristian Neacsiu
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, Philosophy of Law
  • Page Range:134-144
  • No. of Pages:11
  • Keywords:health crisis; pandemic; SARS-CoV-2; Law as a system; social life;
  • Summary/Abstract:Having in our minds the consideration that times of trials are times of reckoning, and in the case of the health crisis generated by the SARS-CoV-2 pandemic situation, the multi-dimensional test that this unique biological situation has brought upon humanity, in a sine qua non manner it was one at least mediated by Law at least in the sense of mitigating and reducing the effects of this scourge. If on the one hand, medicine through its medical solutions, medical practice, respectively the corpus of doctors was and it is the direct solution to suppress the SARS-CoV-2 pandemic crisis as a solution that takes place in pysical reality of common sense, on the other hand, the Law has the value of the main conceptual tool as the virtual weapon of the fight against this pandemic crisis through the very imperative measures that it can order in all sectors of social life as a prerogative of legal force, equity and last but not least, Morality – as elements which illustrate the systemicity owned.
Criza statului de drept în perioada actuală. Perspectiva UE

Criza statului de drept în perioada actuală. Perspectiva UE
(The crisis of the rule of law in the current period. EU perspective)

  • Author(s):Iulian Nedelcu
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, EU-Legislation
  • Page Range:147-151
  • No. of Pages:5
  • Keywords:european construction; the rule of law; respect for human dignity; freedom; democracy; equality; respect for human rights;
  • Summary/Abstract:In the European construction, the rule of law is considered the foundation of all the values on which the European Union is based, and its observance is an indispensable condition for the observance of the other values of the Union, in other words, of its existence. In Article 2 of the Treaty on European Union, we find the rule that the rule of law is one of the fundamental values on which the Union is founded, which is joined in the text by respect for human dignity, liberty, democracy, equality and respect for human rights, including the rights of persons belonging to minorities. Given the importance attached to this principle, it is a natural concern to keep it unaltered and to ensure that its compliance, organization and implementation by all Member States are equal at all times. In recent years, in various states, against the background of complex external situations and due to the economic crisis felt worldwide, there have been political actions considered to be "at the limit of the law", which were considered to affect the rule of law. All this has forced the Union to take concrete measures to strengthen the rule of law in order to prevent democratic slippages that could jeopardize the security of European construction.
Restrângerea exercițiului unor drepturi și libertăți în timpul crizei sanitare. Consecințe actuale

Restrângerea exercițiului unor drepturi și libertăți în timpul crizei sanitare. Consecințe actuale
(Restriction of the Exercise of Some Rights and Freedoms During the Health Crisis. Current Consequences)

  • Author(s):Marius Andreescu, Andra Puran
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
  • Page Range:152-160
  • No. of Pages:9
  • Keywords:fundamental rights and freedoms; health crisis; restriction on the exercise of certain rights and freedoms; legitimacy and constitutionality of restrictions;
  • Summary/Abstract:The provisions of Article 53 of the Constitution allow the restriction of the exercise of fundamental rights and freedoms, but only conditionally. The rules established by these regulations have the value of a constitutional principle, because they are applicable to all the fundamental rights and freedoms of the citizens. The Constitutional Court and the courts are the main state institutions that have the competence to guarantee the observance of the exercise of fundamental rights and freedoms of citizens, to verify the conformity of normative acts with the Fundamental Law and to the constitutionality of limits, conditions and restrictions of exercise of rights. power of the Parliament and the Government when adopting restrictive measures. During the health crisis, the government restricted the exercise of essential fundamental rights, which severely affect people's private and social lives. In this study we analyze, based on the jurisprudence of the Romanian Constitutional Court, some international courts and some courts, the legitimacy and constitutionality of these restrictive measures as well as their current impact.
Drepturile fundamentale ale cetățeanului și criza sanitară globală

Drepturile fundamentale ale cetățeanului și criza sanitară globală
(Fundamental rights of the citizen and the global health crisis)

  • Author(s):Iosif Friedmann-Nicolescu
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
  • Page Range:161-165
  • No. of Pages:5
  • Keywords:fundamental human rights; the health crisis; medical treatment;
  • Summary/Abstract:The global health crisis has led to major changes in fundamental human rights, which have become secondary. The "medical dictatorship" was imposed, which prevails in the human society affected by the SARSCOV pandemic - 2. The impact of the "medical dictatorship" on the fundamental rights of citizens is a new challenge in global society. Fundamental human rights are subordinated to the medical and sanitary rigors
Protecția drepturilor fundamentale în Uniunea Europeană în timpul crizei sanitare generate de Covid-19

Protecția drepturilor fundamentale în Uniunea Europeană în timpul crizei sanitare generate de Covid-19
(Protection of Fundamental Rights in the European Union During the Health Crisis Generated by Covid-19)

  • Author(s):Daniel - Mihail Şandru
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, EU-Legislation
  • Page Range:169-179
  • No. of Pages:11
  • Keywords:European Union; Romania; health crisis; fundamental rights; legislation; free movement of persons; soft law; transparency of institutions;
  • Summary/Abstract:Fundamental rights in the European Union, including Romania, are a sensitive point in the action of the European organization, its leaders and the representatives of the Member States during a period of crisis, which has not yet ended. The European Union guarantees the highest level of respect for human rights by establishing the Charter of Fundamental Rights, a document with legal force of Treaties, yet limited in its scope. The study aims to substantiate the possibilities for interpretation and application of specific human rights rules in the European Union, by referring to the case law of the Court of Justice of the European Union which adds to the document and other sources, such as general principles of Union law or the case law of the European Court of Human Rights. This multitude of institutions, agencies and offices as well as sources related to the protection of fundamental rights raises the issue of their observance in a borderline situation, such as the Covid-19 pandemic. Although the crisis has not ended at this time, the most important moments seem to have taken place: the imposition of traffic restrictions - on people and goods -, the purchase of medical equipment or the financing of vaccine discovery research and their purchase. The study examines the legal implications of the health crisis by sampling them, starting from the observance of its own rules by the Union institutions, in particular regarding the decision-making transparency of the European Commission, regulation by documents without binding legal force (soft law), especially by recommendations issued by the Commission European or measures taken to restore the free movement of persons.
Criza generată de pandemia COVID-19: aspecte teoretice și practice din activitatea Comitetului ONU pentru drepturile economice, sociale și culturale

Criza generată de pandemia COVID-19: aspecte teoretice și practice din activitatea Comitetului ONU pentru drepturile economice, sociale și culturale
(The COVID-19 Crisis and the Protection of ESC Rights: Some Theoretical and Practical Aspects Related to the Activity of United Nations Committee on Economic, Social and Cultural Rights)

  • Author(s):Laura-Maria CRĂCIUNEAN-TATU
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, International Law, Sociology, Health and medicine and law
  • Page Range:180-188
  • No. of Pages:9
  • Keywords:ESC rights; CESCR; COVID-19; right to housing; right to health;
  • Summary/Abstract:The COVID-19 pandemic has highlighted the significant setback that has taken place over the past ten years in the field of economic, social and cultural rights and has also increased the challenge posed by the fact that economic, social and cultural rights were and are still confined, in several national systems, to a back seat. The pandemic has brought to the fore several pre-existing and chronical shortcuts of the national systems such as: the deterioration of essential services (adequate health care and social security), the detrimental effects of the austerity policies and budget cuts, the escape taxation, corruption and the constant pursuit of profit – including within public services – and, above all, a very sharp rise in a veritable panoply of inequalities, including the social ones. If ones argue this situation in terms of rights, then the pre-existing vulnerable people, before the COVID-19, have turned to be even more vulnerable in the context of the pandemic in terms of their access to adequate housing, to healthcare and social security, or to education and cultural life. Moreover, women and men, children, young and elderly, refugees and migrants, the poor, people with disabilities, prisoners, minorities are all affected in different ways. COVID-19 has created a vicious circle: strong inequalities favored the spread of the virus, which in turn widened inequalities. The facts already show how chronic inequalities and certain underlying health factors multiply the repercussions on certain individuals or groups, both in terms of loss of life and livelihoods. In this context, from the onset of the COVID-19 crisis, the United Nations Committee on Economic, Social and Cultural Rights has been concerned about these issues and has adopted several documents of a mixed nature (declarations, statements, recommendations and even general comments). The aim was that of putting a lens on the most significant effects of the pandemic on economic, social and cultural rights, that of addressing some of the challenges which were faced by States parties and that of providing recommendations in order to enable them to address the COVID-19 pandemic in a manner which is consistent with their obligations under the International Covenant on Economic, Social and Cultural Rights. The Committee underlined the central role of the State in investing in public health and social protection systems and stressed that States must fulfill their obligations to guarantee the economic, social and cultural rights of their population even in this exceptional situation. In addition, in the case of certain countries which have ratified the Optional Protocol to the Covenant, the Committee has adopted recommendations targeted at people in vulnerable situations, especially with regard to the right to adequate housing, and it has adopted provisional measures thus obliging states to suspend all forced evictions during the COVID-19 crisis. The present paper aims at analyzing from a legal point of view the activity of the CESCR in the context of the COVID-19 crisis, and at evaluating this activity as well as at proposing the possible ways forward on the protection of ESC rights in the post-pandemic situation.
Dinamica măsurilor provizorii ale Curții Europene a Drepturilor Omului în perioada crizei sanitare 2020-2022

Dinamica măsurilor provizorii ale Curții Europene a Drepturilor Omului în perioada crizei sanitare 2020-2022
(Dynamics of the Interim Measures of the European Court of Human Rights During the Health Crisis 2020-2022)

  • Author(s):Alina Gentimir
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, EU-Legislation
  • Page Range:189-196
  • No. of Pages:8
  • Keywords:interim measures; European Court of Human Rights; prohibition of degrading and inhumane treatment; the right to privacy;
  • Summary/Abstract:The paper focuses on the scope of the interim measures requested by persons under the jurisdiction of Council of Europe member states during a health crisis. The case law of the European Court of Human Rights shows three types of requests for interim measures. Given the large number of complaints concerning the violation of Article 3 of the European Convention on Human Rights relating to conditions of detention and ineffective measures to prevent the spread of Covid virus, many of the provisional measures concerned the same positive obligation of the State as the corresponding fund. Article 3, but also that of Article 5 of the European Convention. The second category of interim measures concerned variants of violation of Articles 8 and 9 of the European Convention, requiring action on compulsory vaccination schemes for certain categories of civil servants. Last but not least, the use of green certificates has been a concern for those who have decided to apply to the Strasbourg court for interim measures. The prudent position of the European Court of Human Rights was in line with the dynamics of restrictive measures imposed in the context of the health crisis at both international and national level. The balance between justified restrictions on the protection of collective interests and the failure to ensure the effective functioning of the essential systems of states and civil society in the medium and long term must be the mainstay of the main European and national human rights mechanisms.
Necesitatea optimizării confidențialității și protecției datelor cu caracter personal prelucrate de către asociațiile de proprietari în contextul efectelor pandemice

Necesitatea optimizării confidențialității și protecției datelor cu caracter personal prelucrate de către asociațiile de proprietari în contextul efectelor pandemice
(The Need to Optimize the Confidentiality and Protection of Personal Data Processed by Owners' Associations in the Context of Pandemic Effects)

  • Author(s):Marius Catalin Mitrea
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, ICT Information and Communications Technologies
  • Page Range:197-216
  • No. of Pages:20
  • Keywords:Owners' associations; privacy; data protection; digitization; GDPR; legislative amendments;
  • Summary/Abstract:The COVID-19 pandemic represents the cause that has determined in the contemporary society more changes of mentalities, mechanisms, paradigms, customs, legal norms. By penetrating almost all domains, in a measure directly proportional to the degree of international interconnectivity and social flow, the influence of the pandemic ultimately led either to the cessation of ongoing activities or to their optimization by digitization, both having as purpose the limitation of the viral spread. Of course, digitization can be the solution, but all the changes listed at the beginning of the exposure cannot be made in a uniform and coordinated way, nor with the same degree of progress and success. Left in the external sphere of decision-makers 'concerns regarding digitalization, the owners' associations coexist, based on Law 196/2018, a new law, in the old spirit. A law that does not provide the possibility of organizing General Assemblies in a secure hybrid system, which does not explicitly provide for the exercise of the agreements of the owners in electronic format, thus remained the "classic" custom of expression, door to door, based on a table in physical format. A law that does not provide for the possibility of electronic information of the owners regarding the convocations of the General Assemblies (but only based on a convening table or by physical mail, by registered letter), and which does not regulate the way of ensuring confidentiality and data protection in specific activities (correspondence, nominal agreement tables, maintenance lists, processing log, video surveillance, etc.). In this scientific approach, we will identify the practical needs of the owners' associations in 2022 and we will formulate proposals for legislative changes to ensure both the achievement of optimal operational capabilities, implementable even in crisis situations, and optimizing the confidentiality of data protection processed in current activities, by virtue of their assets necessary for the proper functioning.
Inteligența artificială și dreptul la viața privată

Inteligența artificială și dreptul la viața privată
(Artificial Intelligence and the Right to Privacy)

  • Author(s):Daniela Ghituleasa (Duță)
  • Language:Romanian
  • Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law, ICT Information and Communications Technologies, EU-Legislation
  • Page Range:217-228
  • No. of Pages:12
  • Keywords:right to privacy; fundamental rights; artificial intelligence; Covid-19 pandemic; privacy; Artificial Intelligence Regulation;
  • Summary/Abstract:This study aims to present, from a legal perspective, how different technologies and the use of artificial intelligence systems may affect the right to privacy or may change the way an individual chooses to perform certain tasks. The research focuses on the legal framework of the right to privacy, proposals, new regulations and legislative changes that apply to the use of artificial intelligence systems globally.Secondly, it proposes to analyze the possibility that the AI impact assessment on the right to privacy, the guarantees provided and a well-defined legal framework can reduce the negative effects of the use of artificial intelligence systems.Can technology, mass digitization and the functioning of artificial intelligence lead to violations of rights and freedoms, especially the right to privacy? On 21st of April 2021, the European Union published a proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence and amending certain Union legislation (Artificial Intelligence Regulation) ensure that artificial intelligence systems placed on the EU market are secure and comply with existing legislation on fundamental rights and security requirements for artificial intelligence systems.
Răspunsul Uniunii Europene cu privire la pandemia de SARSCOV-2

Răspunsul Uniunii Europene cu privire la pandemia de SARSCOV-2
(The European Union’s Management of the SARSCOV-2 Pandemic)

  • Author(s):Maria-Cristina Solacolu
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation
  • Page Range:229-236
  • No. of Pages:8
  • Keywords:health policy; commission; competences; solidarity; freedom of movement;
  • Summary/Abstract:The COVID-19 pandemic strongly affected not only European countries as individual subjects of international law, but the European Union as a whole, highlighting both some of its strengths and some of its weaknesses, especially in matters concerning the competences bestowed upon it by its Member States. While the EU was able to offer financial support, particularly to States that were heavily impacted by the pandemic, its limitations in terms of developing a health policy were also made obvious. In this context, an analysis of the measures taken by the EU with regards to this crisis can suggest potential changes to the EU Treaties, that would allow the organisation to react more swiftly and consistently to such a challenge.
  • Price: 8.00 €
Tratatele - porți deschise sau închise pentru reglementarea unor probleme generate de crizele globale? Exemple

Tratatele - porți deschise sau închise pentru reglementarea unor probleme generate de crizele globale? Exemple
(Treaties - Can They be Open or Closed Doors to Regulate Problems Generated by Global Crises? Examples)

  • Author(s):Cristina Elena Popa Tache
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
  • Page Range:237-245
  • No. of Pages:9
  • Keywords:pandemic; treaties; human rights; industry; international relations;
  • Summary/Abstract:The crises generated by the Covid-19 pandemic have become a major problem in front of which the states have started to reflect their interests as well as possible. Developments in this area are aimed at deepening bilateral and multilateral cooperation in various areas affected by global crises. The dynamics of international relations were mainly due to the adaptation of regulations to changes in interdependent relations between states and the diversification of their concerns, including for contemporary challenges such as those given by pandemics. Instruments specific to public international law are brought into the spotlight in cases such as pandemic prevention, preparedness and response or in areas such as artificial intelligence or financial technologies. In the face of these challenges, public international law manifests its regulatory function. However, not all states react at the same rate. It is difficult to predict how and if this goal will be achieved, so we will follow the significant developments in the near future. To make this article we used a fundamental research method (directed for the purpose of knowledge) on the part of research that identifies relevant issues, with prospective ramifications and identification of features that promote the coherence of hypotheses. The notions we referred to will be exposed by using the most efficient methods, such as exploratory, descriptive but also explanatory.
Drepturi și libertăți în criza sanitară. Dreptul la liberă exprimare. Fenomenul fake news

Drepturi și libertăți în criza sanitară. Dreptul la liberă exprimare. Fenomenul fake news
(Rights and Freedoms in the Health Crisis. The Right to Free Speech. Fake News Phenomenon)

  • Author(s):Versavia Brutaru
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Communication studies, Sociology, Health and medicine and law
  • Page Range:249-256
  • No. of Pages:8
  • Keywords:rights and liberties; freedom of expression; pandemic; shifting paradigm;
  • Summary/Abstract:The citizen, in a democratic state, has assumed duties and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plan and do not have the same content. Human rights are a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the security of the individual and his protection, they being his true claims on society. A human activity is legally free, to a greater or lesser extent, in a hierarchical system: there are, however, totally forbidden acts (crime, violence, destruction, etc.); there are acts or actions permitted under certain conditions, for example, obtaining an authorization from the competent authorities; and there are acts / actions allowed, free, but in compliance with state laws. Therefore, some of them may be banned altogether, and this may be legitimate depending on the purpose pursued - for example, to uphold the rights, freedoms or dignity of others. Public freedoms are not absolute. Everyone's freedom must respect the other's, and any form of freedom is limited by a legal system (even in states with liberal regimes).
Câteva observații în legătură cu propunerea eliminării expresiei ”cu rea – credință” din Codul penal

Câteva observații în legătură cu propunerea eliminării expresiei ”cu rea – credință” din Codul penal
(Some Observations Regarding the Proposal to Eliminate the Expression ”In Bad Faith" from the Criminal Code)

  • Author(s):Ion Ifrim
  • Language:Romanian
  • Subject(s):Language and Literature Studies, Law, Constitution, Jurisprudence, Criminal Law, Theoretical Linguistics, Lexis
  • Page Range:257-262
  • No. of Pages:6
  • Keywords:bad faith; psychological aspect; special intent; good faith; criminal dispositions;
  • Summary/Abstract:The problems raised by the general theme: "Law and global crises." Legal implications of the health crisis", proposed for scientific debate by the "Andrei Rădulescu" Legal Research Institute of the Romanian Academy, for the annual scientific session this year, are numerous, important for practice and interesting for the science of law. As far as we are concerned, our answer can only be negative, but not because of any goal, but because of the absence of solid and serious justifications, an absence that reveals an obviously contemptuous behavior, of adversity towards social relations regarding the family, (that of qualified guilt - special guilt), and, on the other hand, by the general provisions regulating criminal guilt, relevant from a criminal point of view.
Evoluția traficului și consumului ilicit de droguri în perioada pandemiei

Evoluția traficului și consumului ilicit de droguri în perioada pandemiei
(The Evolution of the Illicit Drug Trafficking and Consumption During the Pandemic)

  • Author(s):Nicoleta-Elena Hegheș
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Substance abuse and addiction, Health and medicine and law
  • Page Range:263-265
  • No. of Pages:3
  • Keywords:drug use; illicit drug trafficking; health crisis; Covid-19 pandemic;
  • Summary/Abstract:The disruption caused by the COVID-19 pandemic is unique and cannot be compared to other crises in recent years. The Covid-19 pandemic has not succeeded in reducing drug trafficking in our country. As always, traffickers resorted to new methods to distribute their wares. Drug users also changed their behavior. Therefore, the pandemic restrictions did not significantly change the drug market in Romania, nor the consumption habits of drug users or drug addicts.
Excurs în politicile de securitate pe linia prevenirii terorismului în mediul online

Excurs în politicile de securitate pe linia prevenirii terorismului în mediul online
(Dissertation in Security Policies on the Line of Preventing Terrorism in the Online Environment)

  • Author(s):Cristian Popa, Romeo-Ioan Gârz
  • Language:Romanian
  • Subject(s):Politics, Social Sciences, Economy, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Security and defense, Studies in violence and power, ICT Information and Communications Technologies, EU-Legislation
  • Page Range:266-277
  • No. of Pages:12
  • Keywords:online terrorism; national security; social networks; internet; terrorist propaganda;
  • Summary/Abstract:Considering a legal analysis of the national and European provisions on the security policies that states apply to the prevention of online terrorism, it can be concluded that terrorism continues to pose major potential threats to national security. At the national and community level, there has been a systematic concern about identifying and regulating appropriate measures to manage the manifestations of terrorist organizations in the online environment. We point out that, since the 2000s, most terrorist entities have been and are present in the online environment in various forms of manifestation and promotion of their action objectives, and the internet and social networks are for them an easy and ideal platform for propaganda clandestine actions. The purpose of this propaganda is: (1) to expose ideas, concepts and attitudes that define the terrorist ideology, the justification of the cause and the popularization/promotion of the terrorist organization; (2) to recruit new followers and radicalize them along the lines of the terrorist entity; (3) to raise financial funds; (4) to mobilize followers to commit acts of terrorism. The main national and European regulations on the prevention of online terrorism are Law no. 535/2004 on preventing and combating terrorism, Directive (EU) 2017/541 of the European Parliament and of the Council of Europe of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Decision 2005/671/JHA of the Council and Regulations (EU) 2021/784 of the European Parliament and the Council of 29 April 2021 on the prevention of the dissemination of online terrorist content. Directive 541/2017 and in its application the Law 535/2004 lays down the online removal of terrorist content which constitutes a public incitement to commit a terrorist offense, and where this is not feasible, mechanisms with effective means of combating terrorism on the internet may be put in place to block access to such terrorist content on the territory of the Union. Also, according to Regulation 2021/782, the presence of online terrorist content has proven to be crucial in promoting the radicalization of people and can lead to and cause/instigate the commission of terrorist acts and therefore has serious negative consequences that are difficult to be quantified by users, citizens, and society in general, as well as by online service providers that host such content, as it undermines user confidence and harms their business models.
Instituțiile iertării, amnistiei și grațierii în dreptul canonic și dreptul penal. Aspecte comparative

Instituțiile iertării, amnistiei și grațierii în dreptul canonic și dreptul penal. Aspecte comparative
(Forgiveness, Amnesty and Pardon in the Canon Law and the Criminal Law. Comparative Aspects)

  • Author(s):Cosmin Santi
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Canon Law / Church Law, Comparative Law
  • Page Range:278-286
  • No. of Pages:9
  • Keywords:canon law; criminal law; forgiveness; amnesty; pardon; power; jurisdiction;
  • Summary/Abstract:Forgiveness is the attribute of God’s endless love and is seen in the church law as a pastoral and canon aspect, whereas the criminal law approaches forgiveness as an aspect of clemency and goodwill, under the form of amnesty and pardon. As institution and legal act, canon forgiveness finds its correspondent in the Criminal Code in relation to the legal institution of amnesty, which represents removal of the criminal liability for the act committed. Moreover, every time it occurs subsequent to conviction, it also removes the enforcement of the sentence ruled and all other conviction-related consequences. In addition, it also corresponds to the legal institution of the pardon, which entails in itself the aspect of forgiveness and clemency resulting in the full or partial elimination of the enforcement of the conviction or even the commutation of such sentence to a less severe one. In canon law, forgiveness as a procedural act is granted by the relevant canon authority (The Holy Synod of the Romanian Orthodox Church) only individually, whereas the state law provides that amnesty and pardon should be granted both collectively, in compliance with an organic law, by the Parliament, and individually (pardon) by the President of Romanian who issues a presidential pardoning decree. The right to amnesty and pardon refers to the power and the possibility to forgive and is a corollary of the right to punish and sanction. Forgiveness and pardon are an expression of the mercy and the generosity transcending the legal or formal justice, as justice out of faith is a work of grace that goes beyond the legal formalism and the juridical normativity.
Observații privind săvârșirea infracțiunii de către o persoană care a profitat de situația prilejuită de calamintate, starea de urgență sau starea de asediu

Observații privind săvârșirea infracțiunii de către o persoană care a profitat de situația prilejuită de calamintate, starea de urgență sau starea de asediu
(Observations On The Commission Of The Offence By A Person Who Took Advantage Of The Situation Arising From The State Of Emergency, The State Of Emergency Or The State Of Siege)

  • Author(s):Victor Andrei Cărcăle
  • Language:Romanian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:287-293
  • No. of Pages:7
  • Keywords:criminal implications; state of emergency or curfew;
  • Summary/Abstract:The views expressed below are intended to contribute to clarifying the problem of the commission of an offence by a person who has taken advantage of the situation arising from the state of emergency, state of emergency or state of siege (Article 77(g) of the Criminal Code), which gives rise to conceptual, theoretical and practical difficulties in the current context. This is why, in the following pages, we will point out that the legally qualified aggravating circumstances are, as is well known, of two kinds: general, provided for in the general part of the Criminal Code, and special, provided for in the special part about certain offences. In support of this idea, we point out that in judicial practice the question has arisen as to whether, if a person commits a theft with a sanitary mask on his face, the aggravating form of the offence will apply to him on conviction? In conclusion, we maintain that the legislator has considered that, not only in the case of certain offences but in general, whatever the offence committed, if the perpetrator has committed it by taking advantage of the state of emergency or curfew, this must be considered an aggravating circumstance.
Efectele crizei sanitare la nivelul sistemului penitenciar românesc

Efectele crizei sanitare la nivelul sistemului penitenciar românesc
(The Effects of the Health Crisis at the Level of the Romanian Penitentiary System)

  • Author(s):Aura Preda
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Health and medicine and law, Penology
  • Page Range:294-302
  • No. of Pages:9
  • Keywords:Romanian penitentiary system; health crisis; administrative measures; detention centers; educational centers;
  • Summary/Abstract:This paper is a continuation of a similar paper presented at the same scientific event last year, but with new and updated information. As a result of the health crisis, specialized authorities have been taken measures concerning the execution of sentences and educational measures depriving of liberty, respectively at the level of the Romanian penitentiary system. The information was obtained by accessing the websites of some penitentiary units, but also by conducting online interviews with various representatives appointed by several units within our penitentiary system. Additionally, I have also integrated answers received from the National Administration of Penitentiaries, following an official address sent in this regard.
Sistemul dreptului – baza rezilienței societale în fața criminalității generată de crize

Sistemul dreptului – baza rezilienței societale în fața criminalității generată de crize
(The Law System – The Basis Of Societal Resilience In The Face Of Crisis-Related Crime)

  • Author(s):Tiberiu Viorel POPESCU
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Criminology
  • Page Range:303-310
  • No. of Pages:8
  • Keywords:law; crime; criminology; resilience; societal resilience;
  • Summary/Abstract:The countries that are addressing today's societies, whether caused by crises such as the multi-dimensional health crisis that erupted at the end of 2019 or caused by other events, have become a real concern. The reseminence of communities to any kind of aggression depends largely on the rules they are guided by, but also on their ability to adapt each field of activity to new realities. Each subsystem of the social system, such as the medical system, the education system or the economic system, is governed by the law system, which incorporates the general rules governing each of them. The legal system in general and criminal law, together with criminal sciences, must provide the conditions for respect for the main social values even in times of crisis. The clearer the rule of law system and the clearer it has the capacity to quickly and after unsound procedures to create fair and predictable laws that respond to crises, the more social system in general will gain greater societal resilience. Societal resilience is one of the main attributes of society that can make it more resilient and adaptable to any threats. This can best protect it from a potential increase in crime in crisis situations, provided that clear, predictable and fair laws are generated.
Amenințări asimetrice în criză pandemică. Radicalizarea și extremismul

Amenințări asimetrice în criză pandemică. Radicalizarea și extremismul
(Asymmetric Threats in Pandemic Crisis. Radicalization and Extremism)

  • Author(s):Viorel Gheorghe
  • Language:Romanian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Sociology, Studies in violence and power, Health and medicine and law
  • Page Range:311-322
  • No. of Pages:12
  • Keywords:societal factors; Covid-19 pandemic; security; extremism; radicalization; legal system;
  • Summary/Abstract:It is more and more pragmatic the fact that, in the near future, both explanations and the form of the concept of national security will have to adapt to the model of responding to the need to guarantee the enforcement of law, the rule of law and social security, especially the part concerning the normative architecture with regard to the asymmetric and hybrid parts of the future concepts of risk and threat that society will have to accept and face. The challenges to which the world has been subjected for the last two years are raising a red flag, emphasizing the need for a change of view but also for a closer coollaboration between institutinos, at the level of the defense system, public order and national security, able to react effectively to the wide range of dangers, including the Covid-19 pandemic. The last two years of pandemic have impacted the whole world, so that both the law, through the existing systems, and the various concepts of national security, have reacted to this form of social imbalance. The article tries to capture the impact of the pandemic, the reactions related to the behavior and attitude of the individual, from the perspective of extremist-terrorist beliefs, with an impact on the processes generating criminal activities, in the interaction between the groups and individual entities in the society. Equally, the text will aim to highlight the social impact, of a complex and diffuse nature, as well as the evolution recorded at the level of the phenomena of radicalization and extremism, together with the influences on society, in the short and medium term.
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