CEEOL - Search Result

Particularities on Child-Friendly Justice Concerning Inoperability of Judicial Procedures

Author(s): Alina Zaharia / Language(s): English / Publication Year: 0

Keywords: child; victim; juvenile justice; child-friendly justice; human rights;

If the purpose of applying a punishment to a felon is firstly retributive, then restorative, when it comes to a child perpetrator, the primary concern to specialists in the legal, psychological and social assistance field must be the effective protection and social reintegration of the minor. The courts for minors are meant to be able to determine the needs of every child who falls under the law, regardless of its quality (perpetrator, victim, witness, collateral victim). Creating a child-friendly justice system gives the child a safe and ideal space where all his rights are respected and his voice is heard, regardless of age, maturity or social status, benefiting from social and legal assistance for the entire duration, prior, incipient and subsequent to a judicial procedure in which the child takes part. In general, court proceedings may be delayed due to certain intervening factors that may have a negative impact on the parties, which is in contradiction with the act of justice. In this context, we point out that the delays in the court proceedings involving children brings with them the victimization and traumatization of the child. Finally, institutional actors have a duty to keep away a child from the rigid and traumatic side of applying justice and transforming it into child-friendly justice.

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The Liability of the Employees who Commit Acts or Deeds of Moral Harassment at Work

Author(s): Nicoleta-Elena Heghes / Language(s): English / Publication Year: 0

Keywords: harassment; mobbing; contraventional liability; disciplinary liability

After numerous studies and debates at European and national level, the Romanian Parliament has adopted a series of legislative amendments aimed at complementing existing legislation on discrimination in the workplace and strengthening the levers needed to prevent and combat moral harassment in the workplace. Considered by specialists to be the most harmful source of stress at work, since 2000, moral harassment at work or “mobbing” has become a phenomenon that has caught the attention of both European Union institutions and the Romanian state.

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The Parliamentary Assembly of the Council of Europe Monitoring on the Implementation of the European Court of Human Rights Judgments

Author(s): Titus Corlăţean / Language(s): English / Publication Year: 0

Keywords: Parliamentary Assembly; Council of Europe; European Convention on Human Rights

The European Convention on Human Rights (ECHR) is the most important international treaty to protect fundamental Human Rights and Freedoms at European level. The Convention was adopted on November 4, 1950 in Rome by the governments of the member states at that time of the Council of Europe. Currently all 47 members of the Council of Europe, international European organization founded in 1949 in Strasbourg, France, are party to the Convention. The implementation of the European Court of Human Rights (ECtHR) judgments is supervised by the Council of Europe Committee of Ministers (CM), according to article 46 para 2 of the ECHR. Beyond the primary responsibility of the CM in this field, the Parliamentary Assembly of the Council of Europe (PACE) increased significantly its contribution to this process during the past 10-15 years. Its 10th report on the implementation of ECtHR judgments focuses on a number of member states and cases pending before the CM still to be implemented, that reveals structural problems, complex and difficult issues related for instance to inter-State cases or individual cases displaying inter-State features reflecting particular difficulties for the execution process, sometimes for already more than 10 years after the Court’s judgments. The PACE report addresses therefore a number of specific requests and recommendations to the member states and the CM for supporting an accelerated process for the full implementation of these judgments.

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Legal Consciousness in the Works of Thoughts of Ancient and Medieval Ages

Author(s): Bogdan David / Language(s): English / Publication Year: 0

Keywords: Legal conscience; ancient times; legal work; legal norms

Legal consciousness has been and remains an integral part of the historical evolution of human society, and even more, it, in the context of the historical process of development of human society is identified as a phenomenon that drives, complements and defines social relations and reflects them in the norms of law, or consciousness is a superior form of reflection of the objective reality, proper only to human.

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Impact of COVID-19 on the Online Learning Experiences of High School Students in Pakistan

Author(s): Bushra Mariam Umair,Shazia Nasir / Language(s): English / Publication Year: 0

Keywords: COVID-19; Face to Face learning; High School Student; Online learning

The spread of COVID-19 forced educational institutions around the globe to go online. In March 2020, Pakistan also went under strict lockdown, forcing schools to go online. Though the students, teachers and the parents, as well, braved this situation but there has always been a state of uncertainty in their minds. The students had an unknown fear for their learnings as they were not sure what the future holds for them. This research paper will be focusing problems; high school students faced during the online education process. Pakistan being a developing country, with limited technological resources, online learning was a challenge not only for the students and teachers but also for the parents as well. The ambiguity had left the students in continuous fear. In this phenomenological study, semi-structured interviews with open ended questions were conducted with five students from three different schools to share their experience of online learning. The findings of the research revealed that going online is inevitable under the given circumstances but it cannot replace face-to-face learning.

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Does the European Certificate of Succession Ensure the Direct Exercise of Successor Rights in Member States of the European Union

Author(s): Diana-Geanina Ionaş / Language(s): English / Publication Year: 0

Keywords: Regulation; cross border succession; European Certificate of Succession

ABSTRACT: The European Certificate of Succession (ECS) represents the tool which allows successors, legatees, will executors or administrators of the successor goods to prove their statute and exercise their rights in another member state of the European Union. Its main objective is the direct exercise of successor rights in member states. However, in Romania, the issue of an ECS by the public notary requires the previous or simultaneous issue of a national inheritance certificate. Also, in Romania, even if the heir presents an ECS issued in another member state, his rights over immobile goods will only be acquired by registration in the cadastral register, an operation which does not register in the ECS database, as this is not an authenticated document. The current paper aims to analyze the utility and possibility to implement the ECS, in relation to national legal provisions.

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The Legal Regime of Contraventions Between the European Criminal Interpretation and the National Approach

Author(s): Marius-Adrian Arva / Language(s): English / Publication Year: 0

Keywords: criminal charge; contraventional law; decriminalization; mental incapacity;

In an interdisciplinary manner, through this study, we aim to highlight the outlook attributed by the European Court of Human Rights to the contravention area as a species of criminal law, the deeds characterized in the Romanian legislative system as contraventions enjoying the same treatment as any other criminal offence. We also capture the effects of the contraventional liability removal of certain deeds sanctioned by national law, in contrast to the operable decriminalization in penal law. Last but not least, having as research object, the comparative analysis of the particularities that characterize the Romanian contraventional law, we propose to debate some inadvertences for which the contraventional spectrum must be held to adapt to the accuracy imposed by the criminal law.

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Some Aspects Regarding the Tactics of Hearing Witnesses

Author(s): Valentina Avramescu / Language(s): English / Publication Year: 0

Keywords: witness; hearing; tactical conduct; judicial body

In this paper, we have analyzed aspects related the tactical activity of hearing witnesses, more precisely, what their statement represents, its importance in the conduct of criminal proceedings and how listen to the various categories of witnesses. Also presented are the activities that take place in the preparation phase of the hearing of witnesses, the tactical conduct in the stage of identifying witnesses, as well as the free reporting of the witness.

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Strange Harmony: Human Nature and Tyranny in the Eyes of Czesław Miłosz

Author(s): Milen Jissov / Language(s): English / Publication Year: 0

Keywords: Czesław Miłosz; Tyranny; Totalitarianism; Subjectivity; Eastern Europe;

If every age has its signature works, The Captive Mind by Czesław Miłosz is such a work for the Cold War. Published in 1953 and valorized in the West as an incisive critique of the Soviet Bloc, it analyzes the inner world of Eastern Europeans caught in the grip of Stalinist tyranny. This subjectivity is what Miłosz calls “the captive mind.” But with the Cold War long over, it is time to rethink and reassess his classic. This is the purpose of this paper. Casting a critical look at it, the paper argues that The Captive Mind is afflicted and debilitated by an implicit, but all too serious, aporia. As a part of his analysis of Eastern Europe’s incarcerated mind, Miłosz articulates a conception of human nature. In a profound irony, however, that conception aligns with—harmonizes with—his portrayal of the evil Stalinist tyranny enthralling Eastern Europe. Unwittingly, Miłosz in effect naturalizes that tyranny. He suggests that, rather than being evil, it is all too human—corresponding to elemental propensities of human nature. This paper problematizes this dramatic contradiction. Ultimately, it reflects on the implications of this momentous paradox for understanding the character and history of political oppression.

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A Multi-Planet Species: Ethical and Environmental Impacts of Privatized Space Travel

Author(s): Natalie Pierson / Language(s): English / Publication Year: 0

Keywords: Mars; space; colonization; primitive accumulation

This paper examines private exploration and colonization of space, inspired by the growing interest and advancements in developing space by private industries, notably SpaceX. Marx’s theory of primitive accumulation and David Harvey’s theory of “spatial fix” provide a framework from which to understand why billionaires are attracted to the business of space. Matters of legality are considered in the regulation of space including treaties, their applications, and the unforeseen gaps in the law left by unanticipated private sector growth. Economic feasibility is discussed through cost and revenue estimates of possible marketable products. Environmental impacts, both on Mars and Earth, are reviewed regarding physical landscape and biological contamination. Finally, it explores the ethics of a developing colony in a stressful environment and seeks to unpack the term colonization in a celestial setting. This paper concludes that bringing capitalist ideals and methods into space is not a solution for problems created by capitalism on Earth. Given the concerns identified, it may well exacerbate them.

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The Dark Side of the Preternatural World. A Suggestion to the Theological Approach of the Religious Experience

Author(s): Foszto M. Arpad / Language(s): English / Publication Year: 0

Keywords: preternatural; demons; taxonomy; religious experience

There is today an optimistic approach, on a widespread scale, to every issue of life, which in appearance seems good and commendable. This is a result of a general secular mindset that reinterprets love and empathy unsuccessfully, and that is the case even when dealing with the religious experience. But the Apostle Paul challenged the first century’s Greek and Roman polytheism in a way that should challenge our twenty-first century’s approach to religious experience. For him, the demons were real, and they were powerful and fearful. Augustine of Hippo, in De civitate Dei contra paganos, was thinking alike, and this was the general view during the most part of history. This paper aimed to reclaim into the taxonomy of the religious experience the place rightly owned by the actors of the dark side.

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The Use of Experts in Criminal Proceedings in Romania. Inquisitorial Background and Future Trends

Author(s): Adrian Șandru / Language(s): English / Publication Year: 0

Keywords: expert evidence; criminal proceedings; evidence

This paper aims to study and expose by comparing the institution of scientific evidence and the use of the expert in criminal proceedings, starting from the structural differences in evidence legal framework between the adversarial system and the continental system, to comparing procedural details on the disposition, conduct or assessment of an expert report. A comparative analysis of different legal systems, pointing out their advantages and disadvantages, should not lead necessary to a legal transplant, but could generate new visions that can materialize in certain proposals to improve criminal proceedings legislation through innovative legislative solutions that are inspired both from adversarial and continental systems and taking into consideration all the rules of criminal procedure at Romanian internal level.

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The Visually Challenged Student’s Journey towards Inclusion: Teacher’s Perspective

Author(s): Gagandeep Bajaj / Language(s): English / Publication Year: 0

Keywords: Inclusion; visually challenged student; school experiences; teacher perceptions

This research paper studies the teacher’s worldview about inclusion of visually challenged students into the mainstream schooling process. The paper is based on an exploratory study conducted across varied school settings. The perceptions of teachers regarding inclusive education and their experience of inclusion in the classroom form the mainstay of the study. The tools of data collection were school observations and open-ended interviews. Subsequently, significant themes were identified from an in-depth study and collation of substantive narratives. The findings which emerged from this analysis allow us to peek into the day-to-day school experiences of teachers as they face the challenges of providing meaningful education to visually challenged students in their classes. It is enlightening to discover the various creative ways that many teachers propose in order to cope with this challenge. The study highlights the need to listen to the voices of the teachers who are one of the main protagonists in the visually challenged student’s journey towards meaningful inclusion.

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Notes on Legal Logic Regarding the Law of the Soul and the Biochamps of Life Forms from Human Rights Point of View

Author(s): Cristina Elena Popa Tache / Language(s): English / Publication Year: 0

Keywords: legal logic; human rights; custom; soul; bioenergy

Would it be possible to study a legal science of the soul environment or soul phenomena? In the light of legal logic, the customs from ecclesiastical law, natural law, canon law, or human rights could be analyzed. We have highlighted certain peculiarities of the property on the soul and the biofields of life forms, aspects that determine further research especially on the rights with which life forms are born, among which can be regulated the property that can be recognized on the soul and energy, as goods natural and not created by human activity. These rights, which are in fact property rights, remain at the regulatory level, a fundamental problem of the existence of the individual and of society in general. Everything that means the right to property is part of the category of civil rights, along with the fundamental right to life, the right to liberty, the right to equality before the law, all of which are also regulated by treaties. These unwritten rules, which have an important legal value, have been developed and circulated in the practice of social life from generation to generation and thus, this right of the soul and the biofields of life forms already exists globally, de facto, especially in the field of religions and complementary medicine. For the realization of this material, the method of consilience-type introspection was used. According to the Merriam-Webster dictionary, the definition of the term “consilience” is the linking of principles in different disciplines, especially when a comprehensive theory is formed. Wilson’s (1998) book, Consilience, was also a revelation in the same vein. This jump together of specialists in different fields but also of substantially different notions, can offer unified theories, so I practiced and somewhat unpredictably extended to another level Wilson’s desideratum, by combining law with several elements from different subjects (soul, health, energies, nature, animals, history, spirituality, etc.) related to contemporary social reality, to identify the most appropriate scientific solution.

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Regulations Specific to Trademark Rights in the European Union and the Internal Market

Author(s): Dorel Mihai Vlad / Language(s): English / Publication Year: 0

Keywords: industrial property; trademarks; commercially; licensing; franchising

The creations that are protected under “industrial property” are, like other creations protected under the comprehensive name of “intellectual property,” products of human creative activity, the fruit of thought, rational activity, and the result of man's ability to create and to perceive concepts. With regard to trademarks and geographical indications, it is initially noted that they do not constitute creations of the spirit in the true sense of the word and that their connection with "intellectual property" is rather vague, according to some authors, non-existent.

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Short Considerations on The Right to Life

Author(s): Gabriel – Irimia Anghel / Language(s): English / Publication Year: 0

Keywords: human; fundamental; life; history; Europe; Romania

It is unanimously accepted that life is the most important social value. Without respecting it, the other rights would no longer be useful. Maslow's Hierarchy of Needs reinforces this idea, with survival being the basic level in the hierarchy of human needs. Throughout history, the lack of categorical regulations at the international level has led to the tolerance of violations of this right. This paper intends to nuance some historical and current regulations on the protection of the right to life, both nationally and internationally.

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Legislative Analysis of the European Union's Response to Public Health Emergencies

Author(s): Cristina-Luiza Erimia / Language(s): English / Publication Year: 0

Keywords: EU legislation; shortages of medicinal products

Although the European Union has long faced the problem of shortages of medicines in recent years, both due to increased global demand and the COVID-19 pandemic, the problem has worsened exponentially. The shortage of medicines is a growing threat to public health, with a serious negative impact on health systems and on the right of every patient in the EU to have access to appropriate medical treatment. The COVID-19 pandemic has highlighted the importance of a smoothly functioning internal market and strong supply chains for medicines and medical equipment, as well as EU dependence on third countries in the health sector, given that 40% of finished medicines marketed in the EU come from third countries. Although Europe has a large production capacity, the supply chain still depends to a large extent on non-EU subcontractors for the production of active substances, where labor costs and environmental standards are often lower (60 to 80% of the active chemicals in medicines are produced outside the EU, mainly in China and India). In this context, this article aims to examine the legislative measures taken at the EU level to prepare for crisis situations in the field of medicines, mitigate shortages of medicinal products, and improve the security of supply.

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Tactics of the Search. Collection of Objects and Documents

Author(s): Cosmin Butură / Language(s): English / Publication Year: 0

Keywords: investigation; tactics; procedures; forensics; evidence

When a crime is committed that is likely to damage state or private property, a criminal investigation is used, one of the important objectives of which is a search. By search, we mean a criminal procedural act carried out by investigators for the purpose of discovering the truth by uncovering elements of a criminal nature that are favorable to the prosecution of the person who has acquired the status of defendant. Following the ex officio referral to the criminal prosecution authorities or following a referral via the 112 emergency service of a crime against property, the State acquires the status of investigator in solving the reported crime. According to the Civil Code, the right to property is guaranteed, so the violation of this right by malicious persons, by committing offences against property, brings the investigating authorities from both sides into the same sphere of action. They have an obligation to investigate whether there are grounds for bringing the defendant to trial by taking evidence from the scene of the crime and from other places where the defendant is believed to have hidden important evidence in the case. I mention this point in relation to important evidence in the case file because the search itself is aimed at finding evidence that ultimately leads to the conviction of the defendant, such as objects, money, etc. It should be noted that we should not confuse the search with the investigation on the spot, which are two distinct aspects. The on-the-spot investigation involves finding evidence leading to the real suspect. In terms of a search, it is understood that the criminal investigation authorities already have a suspect, and the investigation is carried out at the places where the suspect has spent his day-to-day activities from the beginning of his crime until the time he is apprehended by the authorities. This investigation is therefore called a search. Procedurally, the search starts with the suspect’s home, where he is believed to have spent most of his time, and then to other places where the suspect is believed to have carried out various activities. The most common places where investigators carry out searches are the homes and/or residences of persons close to the suspect or the home/residence of a stranger with whom the suspect has had new contact immediately after the crime was committed. Thus, from an etymological point of view, the notion of evidence comes from Latin and means "to prove," and the word "probation" means proof. Therefore, this article will cover topics such as the importance of the search and the collection of objects and documents, criminal procedural regulations, the classification of searches from a forensic tactical point of view, the preparation of the search, the specifics of probation work and its role in the trial phase and the procedure of probation.

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E-government in Public Services

Author(s): Denisa Maria Vîlceanu / Language(s): English / Publication Year: 0

Keywords: electronic administration; internet; public services

The main objective of e-government is to reduce bureaucracy, provide a framework for debate and decision on the main initiatives, measures and projects on debureaucratization and ensure coherence in the implementation of the e-government policy proposal. Among the objectives of e-government we mention: increasing the cost efficiency and cost-effectiveness of the public services, provided ensuring access to official information through WEB pages, optimizing the use of material and human resources, as well as the time required to provide services providing public services through electronic means for citizens and the business environment, improving relations between the public sector and citizens, simplification of administrative procedures improving public services, development of state information infrastructure. There are many supports for electronic administration. We often think first of the Internet (web services on a computer or mobile phone), but an eGovernment project can rely on any form of telematics, such as near field communication (NFC), Bluetooth and/or radio-frequency identification (RFID) technology, as well as electronic voting procedures, or even video surveillance, which can converge with data processing, database building and biometric facial recognition methods. The term "e-government" emerged around the 1990s with the advent of the Internet. (Castells 2000, 372). In 1998, the launch in France of the government's action programme for the information society is characteristic of the launch of a national drive to develop e-government.

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AWS Corporate AI Use Cases

Author(s): Brian Kan,Douglas Klein / Language(s): English / Publication Year: 0

Keywords: AWS; Amazon Web Services AI; AWS Machine Learning

Amazon, with $469 Billion in sales in 2021, has established itself as a world-class user of AI, utilizing Machine Learning (ML) in its search engine to deliver desired results quickly - so millions of shoppers find the products they want to buy. Amazon’s affiliate, Amazon Web Services (AWS), had annual sales of $62 Billion in 2021, making it the 53rd largest company on the Fortune 500 as measured by revenues. AWS provides enterprises with a fully managed AI service with tools needed to execute every step of the ML development lifecycle in one integrated environment. By 2021, more than one hundred thousand companies utilized AWS Machine Learning - more than any other cloud platform. Outside of the traditional search engine applications (finding a product to buy, booking travel arrangements, or looking for a new job) what are some compelling and important business use cases where ML and AI have the greatest impact? Some use cases in this paper: AWS AI and Machine Learning are used by commercial landlords and industrial real estate owners to save energy and reduce carbon emissions. The World Wildlife Federation uses AWS AI tools in Indonesia to better understand the size and health of orangutan populations in their native habitat. And The Walt Disney Company uses ML and AI to organize metadata into one archival system, storing information about the stories, scenes, and characters in every second of Disney’s huge catalog of shows and movies.

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Search results for: rais aug 2023 in All Content

Particularities on Child-Friendly Justice Concerning Inoperability of Judicial Procedures

The Liability of the Employees who Commit Acts or Deeds of Moral Harassment at Work

The Parliamentary Assembly of the Council of Europe Monitoring on the Implementation of the European Court of Human Rights Judgments

Legal Consciousness in the Works of Thoughts of Ancient and Medieval Ages

Impact of COVID-19 on the Online Learning Experiences of High School Students in Pakistan

Does the European Certificate of Succession Ensure the Direct Exercise of Successor Rights in Member States of the European Union

The Legal Regime of Contraventions Between the European Criminal Interpretation and the National Approach

Some Aspects Regarding the Tactics of Hearing Witnesses

Strange Harmony: Human Nature and Tyranny in the Eyes of Czesław Miłosz

A Multi-Planet Species: Ethical and Environmental Impacts of Privatized Space Travel

The Dark Side of the Preternatural World. A Suggestion to the Theological Approach of the Religious Experience

The Use of Experts in Criminal Proceedings in Romania. Inquisitorial Background and Future Trends

The Visually Challenged Student’s Journey towards Inclusion: Teacher’s Perspective

Notes on Legal Logic Regarding the Law of the Soul and the Biochamps of Life Forms from Human Rights Point of View

Regulations Specific to Trademark Rights in the European Union and the Internal Market

Short Considerations on The Right to Life

Legislative Analysis of the European Union's Response to Public Health Emergencies

Tactics of the Search. Collection of Objects and Documents

E-government in Public Services

AWS Corporate AI Use Cases