Tempore Mutationis in International and Comparative Law
Tempore Mutationis in International and Comparative Law
Contributor(s): Federica Cristani (Editor), Cristina Elena Popa Tache (Editor)
Subject(s): International Law, Socio-Economic Research, Sociology of Law, Comparative Law
Published by: ADJURIS – International Academic Publisher
Keywords: Law; International Law; Comparative Law; Administrative Science; European Law;
Summary/Abstract: This volume contains the scientific papers presented at the 3 rd Conference on Comparative and International Law that was held on 23 June 2023 online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://comparativelawconference.eu. The scientific studies included in this volume are grouped into three chapters: • The Season of Changes for International and European Law. The papers in this chapter refer to: the possibility of a law of all forms of life in the context of transdisciplinary mutations in international law; investment screening mechanisms in times of Covid-19: national approaches; the need for international legislation regarding the use of generative artificial intelligence in education and scientific research; recent judicial resistance again the primacy and authority of eu law by constitutional courts in some member states: a survey of literature; the relationship between eu citizenship and the right to vote; judicial error in European law; digital wallet: economic and legal implications in the digital era; the individual as a subject of public international law and procedural law of reparation. • The Limitlessness of Comparative Law. This chapter includes papers on: piercing the corporate veil: lack of legislation, proposals to change an existing law, legislation; suspension of the procedure by the national court that notified ecj for a preliminary ruling, in the context of the recent jurisprudence of the European Court of Justice; the right to non-self-incrimination and the false testimony – comparative law aspects; new trends in comparative law: cross-fertilisation; organized crime - aspects of comparative law; comparative analysis of the institute of confiscation with special emphasis on the Republic of North Macedonia; artificial intelligence: civil liability 3.0. • Practical Realities in Our Focus. The papers in this chapter refer to: financial mechanisms of the European Union to support of agri-food niche companies of fish farmers and foresters in crises situations; recidivism - cause of overcrowding in prisons in Romania; inheritance rights of the surviving spouse:study of comparative law; analysis of fraud risk regarding the real beneficiary in relation to international sanctions; the taste of sin: Polish sugar tax; social media and legal challenges on data protection in criminal proceedings: international standards and the case of Albania. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law. We thank all contributors and partners and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in comparative and international law.
- Page Count: 330
- Publication Year: 2023
- Language: English
The Possibility of a Law of All Forms of Life in the Context of Transdisciplinary Mutations in International Law
The Possibility of a Law of All Forms of Life in the Context of Transdisciplinary Mutations in International Law
(The Possibility of a Law of All Forms of Life in the Context of Transdisciplinary Mutations in International Law)
- Author(s):Cristina Elena Popa Tache
- Language:English
- Subject(s):International Law, Sociology of Law, Comparative Law
- Page Range:11-27
- No. of Pages:17
- Keywords:international law; sustainable development; animal law; nature law; transdisciplinarity;
- Summary/Abstract:"Tomorrow will know a culture richer in creation and, at the same time, more suited to human's body and soul than that of today."3 Undeniably, creation exists in everything. The law itself is also a creation, including in the sense of establishment. It is a process dedicated to life as a whole, especially the rights that can be identified so that life in all its forms can enjoy respect, protection and evolution. Everyone's perception of the legal norm should be one of trust, interest, understanding, satisfaction and even joy. Of all, next to the law of nature or canon law, a law of all beings could not exist without the best possible combination of law, respect for life, gratitude and even love in its spiritual rather than philosophical sense, as these two new rights are perceived and manifested by people. A law of all forms of life seen as a body of legal rules would be a higher field of law which would have as subfields: human rights, animal rights, nature rights and other tangential special rights. We are faced with the possibility of reorganising law. My research will focus on a new application of transdisciplinary methodology to international law, approached from the angle of the multiple mutations of our societies. The triggering factor is given by today's society experiencing an unprecedented international level, whether we are talking about technological advances, human or animal enhancement, or whether we are referring to climate change, sustainable development, global crises, armed conflicts, or financial and health reforms. The ultimate goal is to get as close as possible to a better solution for all forms of life, for the well-being of all beings, in a complete application of the concept of vivir bien. The research method is exploratory.
Investment Screening Mechanisms in Times of COVID-19: National Approaches
Investment Screening Mechanisms in Times of COVID-19: National Approaches
(Investment Screening Mechanisms in Times of COVID-19: National Approaches)
- Author(s):Federica Cristani
- Language:English
- Subject(s):National Economy, Economic policy, Health and medicine and law, Law on Economics, Socio-Economic Research, Sociology of Law
- Page Range:28-48
- No. of Pages:21
- Keywords:pandemic response; economic policies; innovation in investments; policy decision-making; global challenges;
- Summary/Abstract:In the context of the COVID-19 pandemic, national economies around the world faced significant challenges in protecting and stimulating investment in a volatile economic environment. Through comparative research, we assess how countries have developed and implemented specific policies to support vulnerable sectors, strengthen existing investments and attract new sources of capital. To do so, we examine national investment screening strategies, analysing their eligibility criteria, objectives and relevance in the context of the pandemic. It also assesses how countries are responding to economic uncertainty and pandemic constraints, including rapidly adapting existing policies and promoting investment innovation. Finally, this research provides a comprehensive perspective on the various investment selection mechanisms adopted by states during COVID-19, providing valuable insights for policy decision-making and for developing more resilient and effective approaches to future global economic challenges.
The Need for International Legislation Regarding the Use of Generative Artificial Intelligence in Education and Scientific Research
The Need for International Legislation Regarding the Use of Generative Artificial Intelligence in Education and Scientific Research
(The Need for International Legislation Regarding the Use of Generative Artificial Intelligence in Education and Scientific Research)
- Author(s):Constanţa-Nicoleta Bodea, Adrian Vintila
- Language:English
- Subject(s):International Law, Law on Economics, ICT Information and Communications Technologies, Socio-Economic Research, Sociology of Law
- Page Range:49-59
- No. of Pages:11
- Keywords:generative artificial intelligence; education; scientific research; European legislation in AI systems;
- Summary/Abstract:Generative artificial intelligence (GenAI) represents artificial intelligence (AI) capable of creating new content, in different formats (text, images, audio, video, etc.), by applying large-scale machine learning models. The application of GenAI tools in different fields have led to intense debates within the professional communities, but also in the public space, regarding the performance ensured by the use of GenAI tools (ChatGPT, Gan.ai, CodeWP, DecorAI, SchoolAI, etc.), but also the aspects of the ethical and legal nature associated with the use of these tools. Education and scientific research represent two of the fields in which GenAI tools have been and are increasingly used today, causing real concerns, mainly in terms of ensuring the development of students' skills, on the one hand and respecting copyright and intellectual property rights, on the other hand. The European Parliament discussed a series of documents related to AI, documents that define a European approach to the use of AI systems. The paper aims to present the results of a study carried out by the authors about the ethical and legal implications of using GenAI in education and research. Also, the authors analyzed the European approach in AI systems, to establish to what extent it satisfies the regulatory requirements for the use of GenAI in the fields of education and scientific research and represents an appropriate starting point in defining the future European legislation in the field of AI.
Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature
Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature
(Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature)
- Author(s):M. Elvira Mendez-Pinedo
- Language:English
- Subject(s):EU-Legislation, Sociology of Law, Comparative Law
- Page Range:60-92
- No. of Pages:33
- Keywords:European Union law; authority and primacy; resistance by national (constitutional) courts; Court of Justice of the EU; survey of literature;
- Summary/Abstract:The study explores in the first place recent criticism, backlash and resistance to the authority of European Union (EU) law by the highest constitutional European courts in some EU Member States. Several important rulings show how the primacy and effectiveness of EU law seem highly disputed and undermined with negative consequences for the judicial protection of individual rights in Europe. In the second place, the study refers to the doctrine of primacy of EU law created by the Court of Justice of the European Union (CJEU) and explains the reasons why some Member States’ courts have mostly accepted primacy of EU law as a principle while reserving a final say on it under certain limited circumstances (constitutional reservations studied mostly by the school of constitutional pluralism). In the third place, the study offers a survey of recent literature regarding the role of national courts in EU law, judicial dialogue with the CJEU and, more specifically, this worrying and current wave of dissent, defiance, and resistance to the authority of EU law.
The Relationship between EU Citizenship and the Right to Vote
The Relationship between EU Citizenship and the Right to Vote
(The Relationship between EU Citizenship and the Right to Vote)
- Author(s):Gábor Kurunczi
- Language:English
- Subject(s):Electoral systems, EU-Accession / EU-DEvelopment, EU-Legislation, Sociology of Law, Comparative Law
- Page Range:93-112
- No. of Pages:20
- Keywords:EU citizenship; right to vote; electoral systems; generality of right to vote; interoperability of right to vote;
- Summary/Abstract:One of the important questions of European integration and the history of the EU's development is whether the European community can move from an Europe of nations to the concept of a United States of Europe, and whether this is even a good goal for European integration. In a Europe unifying towards statehood, elections (and voting rights) must necessarily unify. This study examines the relationship between EU citizenship and the concept of electoral law (i.e. the definition of active and passive eligibility) – based on the analysis of the primary legal sources and the literature. In my opinion (based on my research), at the current stage of integration, it is not realistic to consider an alternative that would place EU citizenship (at least in terms of voting rights) alongside or even above national citizenship, either for European Parliament elections or for national parliamentary elections. However, while in the case of elections to the European Parliament there is a regulatory principle (namely nationality) which could at least be added to national citizenship as a kind of subsidiary rule, in the case of elections to national parliaments a change of the rules to an EU citizenship-based approach seems unthinkable.
Judicial Error in European Law
Judicial Error in European Law
(Judicial Error in European Law)
- Author(s):George Marius Mara
- Language:English
- Subject(s):Human Rights and Humanitarian Law, EU-Legislation, Sociology of Law, Court case, Comparative Law
- Page Range:113-123
- No. of Pages:11
- Keywords:miscarriage of justice; independence; judge; negligence; civil liability;
- Summary/Abstract:Because judicial activity involves a certain amount of risk, being carried out by people, the possibility of miscarriages of justice subsists in any legal system. However, hypotheses of judicial error, which essentially involve non-compliance with procedural or substantive law rules with serious consequences for citizens' rights and freedoms, impose a positive obligation on the State to repair the damage thus caused, since the State is the guarantor of an act of justice governed by the principle of fair trial. Since the activity of judges must enjoy the guarantees deriving from the principle of judicial independence, a direct action against the magistrate responsible for exercising his office with gross negligence or bad faith is not admissible. However, a subsidiary action is regulated in many European legal systems, and the possibility of triggering disciplinary liability mechanisms against the guilty magistrate can be found in any legal system. The research methods used in order to achieve this aim are the comparative method, the analytic and historical methods.
Digital Wallet: Economic and Legal Implications in the Digital Era
Digital Wallet: Economic and Legal Implications in the Digital Era
(Digital Wallet: Economic and Legal Implications in the Digital Era)
- Author(s):Daniela Duță, Isabelle Oprea
- Language:English
- Subject(s):Financial Markets, ICT Information and Communications Technologies, Socio-Economic Research
- Page Range:124-141
- No. of Pages:18
- Keywords:digital wallet; euro digital; coin; European Central Bank; electronic currency;
- Summary/Abstract:This study examines the digital wallet and its economic and legal implications in the context of digital transformations in the current era. The digital wallet aims to be a way of managing financial transactions. Through this study, key aspects related to digital wallets are explored, including economic benefits and legal risks, starting with the digital euro and the European wallet for digital identity. Firstly, the economic implications of digital wallets are analyzed. The advantages are highlighted, such as the efficiency and convenience of financial transactions, easy access to financial services, and the growth of the digital economy. Secondly, the legal implications of digital wallets are examined, including the examination of European regulations in the field, recommendations, and legislative proposals. Issues such as electronic fraud, money laundering, tax evasion associated with the use of digital wallets, as well as the legal responsibility of financial service providers, are also addressed. The study emphasizes that digital wallets represent an innovation in the financial domain, with significant economic benefits. However, an appropriate legal approach is essential to address the associated risks and challenges, ensuring the security and protection of users' interests.
The Individual as a Subject of Public International Law and Procedural Law of Reparation
The Individual as a Subject of Public International Law and Procedural Law of Reparation
(The Individual as a Subject of Public International Law and Procedural Law of Reparation)
- Author(s):Ioan Tomescu, Ionuț – Gabriel Dulcinatu
- Language:English
- Subject(s):International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Sociology of Law
- Page Range:142-151
- No. of Pages:10
- Keywords:victim; international criminal liability; crime prophylaxis; international justice; military atrocities; restorative justice;
- Summary/Abstract:The essence and primary condition of developing national and international legal treatment systems for the purpose of achieving justice in the interests of the victim and of repairing the damage and damage suffered by the victim, as a result of armed conflicts, is a thorough knowledge of the psychology of the persons who fulfill the quality of victim, of the peculiarities and peculiarities that this quality brings to the individual. In dealing with the situation of the individual there can be no parallelism between victim status and international criminal liability. The historical evolution in this matter proves some gloomy constants, in which the victims of the atrocities of military acts have appeared permanently as shadows, without face and voice, destined to suffer in silence or to live their frustration through acts of rebellion and revenge. But the situation cannot become eternal, so the horrors of the 20th century have brought to life the internal bodies of states and international, in search of a justice that can even be considered revolutionary, considering the total lack of interest of history in the legal treatment of the horrors of war. From Nuremberg to the Hague, a broad movement against the impurity of legal systems was born and developed, leading to the creation of the first permanent international criminal justice. In 1973, in Jerusalem, the first international symposium on victimology was organized, in which the notions of “victimology”, “victim of crime” and “relationships between offender and victim” were addressed. In 1979, in Münster (Germany), the foundations of the International Association of victimologists were established, which coordinated the work of scientists from different countries of the world in the process of developing victimological measures for the prevention of crime. In 1980, the World Congress on the victimological prophylaxis of crime was held in Washington, where it was admitted that the victim of crime was an essential element in the process of the occurrence and Commission of crime and control over crime. On 29 November 1985, the United Nations General Assembly adopted the Declaration on the Fundamental principles of Justice for victims of crime and abuse of Power. Most likely, the metamorphosis of the legal position over the human one will take place in two stages: replacing the impurity of the system with justice and justice; the replacement of justice, channeled on the conviction of the guilty, with a restorative justice, which will have the permanent focus, the victim. The evolution of international law centered on restorative justice is, however, rather timid and extremely fragile, with recent international military events unfortunately proving this undesirable reality fully. Thus, in order to be able to better and as close to the truth as possible to assess the situation of victims of massive human rights violations, it is appropriate to know them psychologically and socially and to identify individual needs, related to the rights conferred by justice systems. In this context, we will make a brief analysis of the psychological and social specificity of victims of armed incidents, related to the need for justice.
Piercing the Corporate Veil: Lack of Legislation, Proposals to Change an Existing Law
Piercing the Corporate Veil: Lack of Legislation, Proposals to Change an Existing Law
(Piercing the Corporate Veil: Lack of Legislation, Proposals to Change an Existing Law)
- Author(s):Roxana Alexandra Kipel-Istudor
- Language:English
- Subject(s):International Law, Sociology of Law, Comparative Law
- Page Range:153-168
- No. of Pages:16
- Keywords:business law; limited liability; contractual obligations; corporate personality; abuse of legal personality; piercing the corporate veil; social creditors; social debts;
- Summary/Abstract:This article aims to compare the jurisdiction of piercing the corporate veil in South America. We'll analyze the lack of legislation and the regulation of this important theory. We'll examine whether it's easier for the court to apply the basic principles of law to pierce the corporate veil or it's better to regulate a norm which has to contain specific conditions or situations in order to be able to pierce.
Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice
Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice
(Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice)
- Author(s):Anamaria Groza
- Language:English
- Subject(s):International Law, EU-Legislation, Sociology of Law, Comparative Law
- Page Range:169-178
- No. of Pages:10
- Keywords:stay of proceedings; preliminary reference; supremacy of European Union law; consistent interpretation;
- Summary/Abstract:Notification of the European Court of Justice for preliminary rulings represents or can represent a case of temporary suspension of the procedure. The mandatory suspension of the procedure is regulated in the national law by imperative law rules, operates independently of any analysis of opportunity made by the judge and in an abstract way, irrespective of the concrete elements of the case. The national norms witch regulate notification of the ECJ as a case of mandatory suspension seem to be opposite to a recent judgement of the ECJ, pronounced in case C-477/21. The purpose to order suspension of the procedure is to correctly apply the EU law. This purpose can be achieved without the whole suspension of the trial. The judicial research can continue in order to establish the facts of the case, especially when there are proofs that can be lost or degraded by their late administration. Other law problems can be solved, if they are not in liaison with those addressed to the ECJ. By consequence, facultative suspension and the possibility of a partial suspension of the procedure guarantee the effet util of EU law, finding of the truth and solving of the trials in a reasonable term. The research is descriptive, explanatory and comparative, being accompanied by relevant doctrine and jurisprudence.
The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects
The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects
(The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects)
- Author(s):Anca-Lelia Lorincz
- Language:English
- Subject(s):Sociology of Law, Court case, Comparative Law
- Page Range:179-199
- No. of Pages:21
- Keywords:the right to non-self-incrimination; false testimony; criminal codes of some European states; criminal procedure codes of some European states; unitary judicial practice;
- Summary/Abstract:The present study approaches, in relation to the current realities, the issue of the consecration of the privilege against self-incrimination regarding the witness, by bringing to attention some aspects of comparative law regarding both the regulation of the right not to contribute to own accusation, and the criminalization of the act of false testimony. Using, as research methods, documentation, comparative scientific analysis and interpretation, the work presents the ways of regulating the right of the witness not to accuse himself in a series of legislations of the European states, as well as the ways of criminalizing false testimony in the same European states, to reveal the extent to which the recognition of the right not to contribute to self-incrimination is reflected in the criminal policy of these states. By taking into account these aspects of comparative law, as well as some elements of jurisprudence (both jurisprudence of the European Court of Human Rights and domestic jurisprudence), emphasizing the importance of the unification of judicial practice in criminal matters, the study concludes with the proposal of apprehension, in practice, under certain conditions, of the commission of the crime of false testimony by the de facto suspect witness who makes untrue statements.
New Trends in Comparative Law: Cross-Fertilisation
New Trends in Comparative Law: Cross-Fertilisation
(New Trends in Comparative Law: Cross-Fertilisation)
- Author(s):Andra Iftimiei
- Language:English
- Subject(s):Sociology of Law, Court case, Comparative Law
- Page Range:200-208
- No. of Pages:9
- Keywords:cross-fertilization; comparative law; method;
- Summary/Abstract:Comparative law has earned the right to be considered an autonomous science, on the one hand, and a working tool in dialogue with other legal systems, on the other. In the present study we aim to analyse the legal nature of the new cross-fertilisation trend, to identify the forms in which it takes shape, and to identify how the concept under analysis operates in the national legal order. Our working hypothesis is as follows: crossfertilization is a phenomenon specific to comparative law which has its effects also in the case law of national supreme courts. The methods used are case study, literature review and the application of the theory of functionalism through comparative, presumptive and evaluative functions.
Organized Crime - Aspects of Comparative Law
Organized Crime - Aspects of Comparative Law
(Organized Crime - Aspects of Comparative Law)
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Criminal Law, Criminology, Sociology of Law, Comparative Law
- Page Range:209-228
- No. of Pages:20
- Keywords:organized crime; crime; criminality; organized criminal group;
- Summary/Abstract:The article analyzes the main features of organized crime at the current stage. It is noted that currently in the scientific literature there is still no comprehensive definition of organized crime that meets the requirements of modern realities, thus the author defines the concept of organized crime as one of the varieties of crime. Also, the article examines the criminal liability and the constitutive elements of the crime of forming an organized criminal group, under a comparative aspect. The relevance of the chosen theme is due to the current state of the fight against crime. Currently, one of the most important tasks facing not only law enforcement agencies, but also the entire society as a whole.
Comparative Analysis of the Institute of Confiscation with Special Emphasis on the Republic of North Macedonia
Comparative Analysis of the Institute of Confiscation with Special Emphasis on the Republic of North Macedonia
(Comparative Analysis of the Institute of Confiscation with Special Emphasis on the Republic of North Macedonia)
- Author(s):Genti Rechi
- Language:English
- Subject(s):Criminal Law, Criminology, Sociology of Law, Comparative Law
- Page Range:229-238
- No. of Pages:10
- Keywords:organized crime; conviction-based confiscation; non-conviction based confiscation; comparative law;
- Summary/Abstract:The purpose of this study is to make an overview of the legal framework that regulates the institute of confiscation in the countries of the Western Balkans such as Serbia, Albania and Slovenia, with special emphasis on North Macedonia. By examining the similarities and the differences, this research aims to provide insights into the effectiveness and potential areas for improvement of the confiscation of proceeds crime. The study reveals that countries such as Albania, Serbia and Slovenia have clearer and more concrete legislation regarding the confiscation, as the confiscation procedure is regulated by special laws. The legal solutions regarding confiscation in North Macedonia are outdated and as a result the implementation of the confiscation measure is minimal. This study employs comparative research methods combined with legal analysis. The results obtained from the work can be used by policymakers to improve the legislation regarding confiscation.
Artificial Intelligence: Civil Liability 3.0
Artificial Intelligence: Civil Liability 3.0
(Artificial Intelligence: Civil Liability 3.0)
- Author(s):Cristina Aragão Seia
- Language:English
- Subject(s):ICT Information and Communications Technologies, Socio-Economic Research, EU-Legislation, Sociology of Law
- Page Range:239-257
- No. of Pages:19
- Keywords:artificial intelligence; civil liability; tort law; product liability; forensic economics;
- Summary/Abstract:A new era of technical progress, development of the digital world and artificial intelligence presents new challenges in terms of safety and liability. Social acceptance of these modern technologies depends on ensuring a high level of safety and on the implementation of a European legal regime of civil liability that provides users with legal certainty about the risks assumed, encourages the prevention of damage, and provides injured parties with effective mechanisms for recourse in the event of damage. The aim of this work is to approach a legal regime of civil liability for damage resulting from Artificial Intelligence, through a comparative and critical analysis of the Portuguese regime and the proposals under consideration by the European Union Council and suggest some aspects that a future liability regime should consider.
Financial Mechanisms of the European Union to Support of Agri-Food Niche Companies of Fish Farmers and Foresters in Crises Situations
Financial Mechanisms of the European Union to Support of Agri-Food Niche Companies of Fish Farmers and Foresters in Crises Situations
(Financial Mechanisms of the European Union to Support of Agri-Food Niche Companies of Fish Farmers and Foresters in Crises Situations)
- Author(s):Speranța-Liliana Neagu
- Language:English
- Subject(s):National Economy, Agriculture, Economic policy, Law on Economics, Socio-Economic Research, EU-Legislation, Sociology of Law
- Page Range:259-263
- No. of Pages:5
- Keywords:niche companies; European Union; Charter of the United Nations; farmers;
- Summary/Abstract:In a continuous dynamic of climate change affecting farmers and fish farmers and taking into account the current geopolitical context and its negative effects, new European financial solutions should be identified to mitigate or combat them. Research methods used: case study, sociological method and research hypothesis/theory. Ferenda law proposals: 1. amending the Charter of the United Nations (UN)3 ; 2. the creation of an EU financing line for the creation and modernization of niche companies with social and environmental components, with a strong argument for the creation and preservation of public goods; launching proposals for revising the Multiannual Financial Framework, with celerity; 3. New EU support measures through the Social Climate Fund for accidental cases; 4. innovative insurance system.
Recidivism - Cause of Overcrowding in Prisons in Romania
Recidivism - Cause of Overcrowding in Prisons in Romania
(Recidivism - Cause of Overcrowding in Prisons in Romania)
- Author(s):Adriana Iuliana Stancu
- Language:English
- Subject(s):Criminal Law, Criminology, Sociology of Law, Court case
- Page Range:264-276
- No. of Pages:13
- Keywords:injury; detainees; recommendations; legal framework; decisions;
- Summary/Abstract:In the last month of 2021, the ministers of justice from the member states of the Council of Europe met in Venice and, at the initiative of the Italian presidency, discussed the role of restorative justice in criminal matters and adopted the Venice Convention. Statement. The Declaration follows the Recommendation (Rule 18) in recognizing the universal application of restorative justice for all types of crimes, even noting "the possible positive impact of restorative justice pathways and on countering the radicalization of individuals". Objectives: removing the material consequences of committing crimes and making prisoners aware of what it entails to restore the situation before the crime was committed, or what it entails to commit a new crime after conviction and partial execution. Proposal and Methodology: establishing a legal framework for obliging those released on parole to work, with their consent, to have the possibility of covering the damage from the legal garnishment of wages, with the active involvement of the state in establishing available jobs, as well as by offering advantages employers. Results and Discussions: discussion in workshops, in direct meetings with prisoners, non-governmental organizations and the management of the Maximum-Security Penitentiary Galați, Romania, about the way in which it is possible to reintegrate prisoners into society after parole. Implications: Legislative changes, government decision-making to establish jobs in question.
Inheritance Rights of the Surviving Spouse. Study of Comparative Law
Inheritance Rights of the Surviving Spouse. Study of Comparative Law
(Inheritance Rights of the Surviving Spouse. Study of Comparative Law)
- Author(s):Cristina Ramona Duță
- Language:English
- Subject(s):History of Law, Civil Law, Sociology of Law, Comparative Law
- Page Range:277-307
- No. of Pages:31
- Keywords:inheritance rights; surviving spouse; comparative law; civil law;
- Summary/Abstract:With a legal situation that placed the surviving husband towards the end of the list of those called to his de cuius inheritance - only the state was found after him in the order of successors, the regulation of his succession rights betrayed, over time, a nonprivileged position. Under the empire of the Civil Codes, the one from 1864 and then the one from 2009, the surviving spouse acquires a well-deserved place among the successors, coming into the contest alongside each class of heirs. The paper aims to analyze the succession rights of the surviving spouse in the different succession systems, the one of Romano-Germanic tradition in the family of which our succession right is a part, the common-law system present in Great Britain and the mixed one of the province of Quebec.
Analysis of Fraud Risk Regarding the Real Beneficiary in Relation to International Sanctions
Analysis of Fraud Risk Regarding the Real Beneficiary in Relation to International Sanctions
(Analysis of Fraud Risk Regarding the Real Beneficiary in Relation to International Sanctions)
- Author(s):Florin Tudor
- Language:English
- Subject(s):Criminal Law, International Law, EU-Legislation, Sociology of Law
- Page Range:308-314
- No. of Pages:7
- Keywords:sanctions; cooperation; real beneficiary; risk analysis; fraud;
- Summary/Abstract:The restrictive measures instituted by a number of international organizations and actors aim, first of all, at diminishing the military capabilities of the aggressors, by freezing some financial assets, putting some public or private entities, and officials on the sanctions blacklists, banning some import operations and export of dual-use items and other categories of goods prohibited by trade policy measures. Complying with these embargoes requires the use of risk analyses capable of neutralizing any attempt by aggressors to circumvent sanctions by using other destinations and international markets. The analysis of international transactions regarding the identification of the real beneficiary represents the most important challenge for the control authorities at border crossing points, and international cooperation regarding the exchange of information must represent a priority in the coming period. The present study analyzes the complex issue of sanctions imposed by the EU in the context of aggression in Ukraine and the mechanisms of using risk analysis to reduce the risk of fraud and violation of international embargoes.
Social Media and Legal Challenges on Data Protection in Criminal Proceedings. International Standards and the Case of Albania
Social Media and Legal Challenges on Data Protection in Criminal Proceedings. International Standards and the Case of Albania
(Social Media and Legal Challenges on Data Protection in Criminal Proceedings. International Standards and the Case of Albania)
- Author(s):Fjorida Ballauri
- Language:English
- Subject(s):Media studies, Criminal Law, International Law, Sociology of Law, Comparative Law
- Page Range:315-329
- No. of Pages:15
- Keywords:data protection; criminal proceedings; social media; investigation;
- Summary/Abstract:Nowadays, with the development of technology and globalization, implementing the law and regulations on data protection is particularly important. Implementing the Law on Data Protection in Albania has faced several obstacles and challenges because of how the information is distributed daily in social media. Although there are some regulations, bylaws, and obligations for data processing and an independent institution specialized in this field, there are concerns about the administration and illegal dissemination of personal data. The issue of data protection during investigation, prosecution, and judgment is directly linked with the presumption of innocence and the due process of law. The way the media covers an article on a criminal case can sometimes influence the court's decision. Sometimes, the journalist, during the processing of the personal data of persons under investigation, may violate even the secrecy of the investigation. This article aims to analyze the legal framework on data protection in criminal proceedings in Albania and how implementing the Law on data protection can affect the administration of justice.