BUREAUCRATIC COMMUNICATION IN GOVERNMENT ADMINISTRATION

BUREAUCRATIC COMMUNICATION IN GOVERNMENT ADMINISTRATION

Author(s): Luminiţa Ionescu / Language(s): English / Issue: 1/2016

Keywords: bureaucracy; corruption; globalization; government

Bureaucracy is a complex and dynamic phenomenon with different consequences over the local and central administration. The European Union enlargement has led to an increased complexity of the bureaucratic structures, rules and regulations. Despite the fact that bureaucracy is the most effective way to run a government, modern bureaucracies interfaces are often related to time and size. The European bureaucracy is related to the slow process of implementing for new regulations, numerous documents and the complexity of forms. In the last decades, bureaucracy has become one of the causes of corruption and fraud.

THE DECEPTIVE POTENTIAL OF THE PROJECTED IMAGE IN EARLY CINEMA

THE DECEPTIVE POTENTIAL OF THE PROJECTED IMAGE IN EARLY CINEMA

Author(s): Silviu Şerban / Language(s): English / Issue: 1/2016

Keywords: screen practice; spectator; train effect; virtual travel; trickality

The phenomenon of projecting images had a baffling effect upon the viewing audiences long before the emergence of cinema. Being considered to pertain more to magic than science, the process of projecting images on a screen started to be demystified with the advent of the Scientific Revolution. Nevertheless, the dawning phase of cinema abounds in references to the confusing reactions of the viewers positioned in front of the screen on which the moving pictures were running. Some other times the deceptive potential of cinema has been used for creative purposes by the film producers. A case in point is the resounding success enjoyed by Hale’s Tours which enabled the viewers-passengers to participate in a virtual tour. Méliès, a true magician of the early cinema, the creator of so many cinema tricks, can also be credited with the unveiling of the illusion-generating mechanism in movies. The French cineaste does not attempt to pass illusion for reality, on the contrary, he emphasizes its presence and reveals its cinematographic nature by means of trickality.

THE EFFECT OF TELEVISION FOOD ADVERTISING ON CHILDREN’S PREFERENCES, DEMANDS, AND INTAKE OF HIGH-FAT AND LOW-NUTRIENT PRODUCTS

THE EFFECT OF TELEVISION FOOD ADVERTISING ON CHILDREN’S PREFERENCES, DEMANDS, AND INTAKE OF HIGH-FAT AND LOW-NUTRIENT PRODUCTS

Author(s): Steve Frechette / Language(s): English / Issue: 1/2016

Keywords: unhealthy food; childhood obesity epidemic; advertising

The mainstay of the paper is formed by an analysis of the link between childhood obesity and television advertisements for junk food, the mechanisms by which media may be partly responsible for or reduce the obesity wave, and the success of curtailing food advertising to children. These findings highlight the importance of examining the relationship between vulnerability to television advertisements of unhealthy foods and children’s intake routines, the institution of media education and intervention policies as an approach to curb the childhood obesity wave, and the causal chain between vulnerability to food advertising and obesity-associated health damages. My analysis complements the growing literature on the association between vulnerability to television food advertising and the pervasiveness of childhood stoutness and obesity, the role of intake of diverse foods and nutrients in advancing or hindering obesity among children, and the optimal functions for government and industry in supervising food advertising to children.

THE RELATION BETWEEN VISUAL ELEMENTS IN DEVELOPING SOCIAL IDENTITY

THE RELATION BETWEEN VISUAL ELEMENTS IN DEVELOPING SOCIAL IDENTITY

Author(s): Ioana Voloacă,Sofia Bratu / Language(s): English / Issue: 1/2016

Keywords: identity; logo; symbol; sign; icon; communication; significance; blazon

Even though globalization, multinational institutions and common economic markets are ever more often at the centre of current discussions, a very productive line of thought in the third millennium is the one referring to identity, regardless of whether we speak of the identity of a person, group, institution, nation and so on.

SIGNIFICANT MOMENTS IN THE PSYCHO-SOCIAL EVOLUTION OF MEDIA COMMUNICATION

SIGNIFICANT MOMENTS IN THE PSYCHO-SOCIAL EVOLUTION OF MEDIA COMMUNICATION

Author(s): Gheorghe Cojocariu / Language(s): English / Issue: 1/2016

Keywords: media communication; journalism; social science; communication medium

This paper explores several significant moments and processes of traditional evolution of media. Considering the certain mediatic determinism generated by each technology/medium, the study analyzes aspects of psycho-social influences of the inventions and innovations on human communication and social life.

“THE ECSTASY OF COMMUNICATION:” INTERDISCIPLINARITY, RELATIVITY AND OTHERNESS IN AMERICAN STUDIES

“THE ECSTASY OF COMMUNICATION:” INTERDISCIPLINARITY, RELATIVITY AND OTHERNESS IN AMERICAN STUDIES

Author(s): Irina Dubský / Language(s): English / Issue: 1/2016

Keywords: interdisciplinarity; communication; postmodernism; multiperspectivism

The present study proposes to investigate the phenomenon of interdisciplinarity interpreted as a form of communication and exchange. Interdisciplinarity relies on different forms of otherness which is explored within the overarching context of postmodernism, being evaluated as an essential dimension of both the cultural and socio-political sphere. This multifaceted intellectual project may be placed within the vast perspective of cultural relativism, which, among many other things, entails a plurality of voices and narratives that admit to their own partiality, locality and limitation. An all-encompassing perspective on the interdisciplinary enterprise may be achieved if it is related to what Baudrillard terms “the instantaneity of communication,” which entails a redrawing of boundaries at all levels, the effacement of disciplinary frontiers being a particular illustration of this ample phenomenon.

MYTH AND SYMBOLISM IN SOUND SOURCES OF ANCIENT CULTURES

MYTH AND SYMBOLISM IN SOUND SOURCES OF ANCIENT CULTURES

Author(s): Crinuţa Popescu / Language(s): English / Issue: 1/2016

Keywords: ancient musical cultures; ancient practices; old sound source; traditional instruments; ancient symbolism

Since ancient times, all populations – regardless of beliefs and geographical position – have included music in their lives, giving it a complex communication, healing, and purification role. Whatever the producing source, there have been established strong ties between sound and mythology while the sound is considered the means connecting people with the spiritual world, with gods. In some oriental cultures music reflects the cosmic system music or the ladder sounds with their correspondences in the elements of nature. In relation to the specific auditory the instruments have had different functions (the ritual, meditation, communication, balancing, healing), some of them being maintained so far.

Memories from the Late Medieval Period

Emlékek a késő középkorból

Author(s): Anna Kónya / Language(s): Hungarian / Issue: 01/2015

The Cannons of Prince Gabriel Bethlen

Bethlen Gábor fejedelem ágyúiról

Author(s): András Kovács / Language(s): Hungarian / Issue: 01/2015

Keywords: princely manufacture; armoury; cannon foundry; Gabriel Bethlen; Alba Iulia

The princely armoury and cannon foundry (lat. domus armamentaria) known as Kendervár from Alba Iulia was established around 1564 in the south-eastern corner of the fortress. The first period of its functioning ended after 1600, due to the destruction of the capital. Our mostly indirect sources suggest that the manufactory was restarted by Prince Gabriel Bethlen (1613-1629) between 1618 and 1623. In 1629 gun-carriages were made for 24 newly poured cannons. No cannons poured by Gabriel Bethlen have been preserved to our days, but such guns were inventoried in the 17th and 18th centuries in the fortresses from Oradea (RO), Făgăraş (RO), Gurghiu (RO) and Mukacheve (UA). The cannon foundry operated during the reigns of the two Prince George Rákóczis (1630-1648; 1648-1658) as well, and stopped working after the devastation of the town in 1658. An inventory taken in 1696 describes the ruins of the workshops and of the bronze smelting furnace.

CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

Author(s): Dan Lupașcu / Language(s): English / Issue: 1/2016

Keywords: Romainian Civil Code; controversial law issues; engagement; divorce; filiation.

The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

CAUSA AND CONSIDERATION – A COMPARATIVE OVERVIEW

CAUSA AND CONSIDERATION – A COMPARATIVE OVERVIEW

Author(s): Dimitar Stoyanov / Language(s): English / Issue: 1/2016

Keywords: causa; consideration; mixed legal systems; comparative law; European private law.

The article examines the Roman origin and historical development of "causa" as an essential requirement of the contracts, as well as its adoption in the majority of the national legislations belonging to the French legal family. Moreover, the article analyzes what has become to be known as the functional equivalent of causa in the English law – the doctrine of consideration and examines the correlation between them. In the end, the latest tendencies in codifying the European civil law with respect to causa and consideration are being critically discussed.

ADAPTATION OF CONTRACT IN CASE OF VICE OF CONSENT BY ERROR. APPLICATION BEFORE THE COURT OF ARTICLE 1213 CIV. C.

ADAPTATION OF CONTRACT IN CASE OF VICE OF CONSENT BY ERROR. APPLICATION BEFORE THE COURT OF ARTICLE 1213 CIV. C.

Author(s): Emilian-Constantin Meiu / Language(s): English / Issue: 1/2016

Keywords: error; nullity; contract adaptation; consent

We propose further brief analysis of the substantive conditions that should be met in order to be covered by the contract adaptation regulated by the Romanian Civil Code art. 1213 Civ. C. By virtue of the novelty of this institution in the Romanian legislation could be some practical difficulties before the court that we briefly consider in our work and propose possible solutions.

EU COMPETITION LAW AND THE TELECOMS SINGLE MARKET: NETWORK NEUTRALITY IN THE AFTERMATH OF THE TSM REGULATION

EU COMPETITION LAW AND THE TELECOMS SINGLE MARKET: NETWORK NEUTRALITY IN THE AFTERMATH OF THE TSM REGULATION

Author(s): Amaya Angulo Garzaro,Noemí Angulo Garzaro / Language(s): English / Issue: 1/2016

Keywords: EU Competition law; network neutrality; Telecommunications Single Market; TSM Regulation; European integration.

Since the early 1990s, a sharp increase in the Internet traffic has been experienced. Technology, once again, has proven to be able to develop faster than regulation. In this endlessly evolving scenario, operators in the technology markets, as well as end-users, often find themselves under-protected. Therefore, it comes as a major concern the need to regulate those technological markets and, more specifically, the use –or abuse– of Internet. All Internet traffic should be treated equally and that is, precisely, what network neutrality aims at. Consequently, network operators may not take advantage of their position in the market to affect competition in related markets. All in all, network neutrality is crucial to achieve the highest degree of competition. In the absence of network neutrality, the Internet would find itself unable to qualify as a market merely driven by innovation, and it would unfailingly turn into one ruled by deal making. Competition law claims that the higher the neutrality is – i.e., the more equal the treatment is, the better it is for the consumer. If network operating companies create an exploitative business model, they might be able to block competitors’ websites and services; in other words, it may facilitate adoption of anticompetitive practices – namely, the abuse of their dominant position. Transcending all the arguments raised against network neutrality –such as the prevention of an overuse of bandwidth–, we will demonstrate that it must be deemed essential from a Competition law perspective. In addition, we will argue, the imperative necessity of leaving the market under the tough scrutiny of competition authorities, which are best placed to assess the anticompetitive character of the practices brought about by market operators.

THE DURATION OF RIGHTS CONFERRED BY COPYRIGHT

THE DURATION OF RIGHTS CONFERRED BY COPYRIGHT

Author(s): Cornelia Dumitru / Language(s): English / Issue: 1/2016

Keywords: Exclusive right; right limited by time; ownership; monopoly operating.

The duration of copyright protection has been a controversial issue. And yet never completed. It was and is the key issue of copyright, the same as are those concerning the recognition of their nature and content. If the first law to protect a new creation, gave the exclusive right for the author as long as a year, today its duration is, basically the whole life of the author’s plus 70 years for the heirs. Some argue that it is unwise. Others that should not be as such at all. In reality, the copyright in the widest sense of the term of copyright for the purposes of law complex that regulates the relations between the author with his work and of the relations between the authors and others on his work, this right never ceases. The oldest sculpture (Venus Wilfredo), paintings of Ardeche, Vezere and Altamira, even if you do not know who created them, will belong forever, not just in the consciousness of humanity as a whole, but also according to unwritten rules of law before the law was created by humans, to whose who created them. Even if you do not know who created them and say that they belong to the universal culture. As everyone’s works that were created right after the rules of law were created by humans, but before the recognition of copyright by special laws, will belong forever to the universal culture as well. As for the right created by and after recognizing and codifying copyright notice that he is trying to harmonize the interests of authors and those of the public and to make peace between the author with his audience in a more general interest, and the solution for reconciliation and / or harmonization was limiting the length of some of the attributes of copyright. A solution that makes copyright law without a right to have the benefits after a while, that every owner has of his property. Furthermore, the link between the author and his work remains eternal because none other than the author may not claim ever to be the author of and has a copyright on that work. But neither the author can claim ever to have a real ownership of the work that still belongs to him and him only. Copyright proves to be as different from any other category of rights.

TRANSITIONAL JUSTICE IN ROMANIA. REPARATIONS FOR THE VICTIMS OF THE COMMUNIST REGIME AND LEGAL ORDER

TRANSITIONAL JUSTICE IN ROMANIA. REPARATIONS FOR THE VICTIMS OF THE COMMUNIST REGIME AND LEGAL ORDER

Author(s): Bianca Elena Radu / Language(s): English / Issue: 1/2016

Keywords: transitional justice; reparations; Romania; communist regime; legal order.

This study aims to analyse, through a transitional justice approach, the reparations granted by the Romanian state to the victims of the communist regime. The paper will examine the role of reparations in transitional justice programs, the main sources of international law and legal doctrine regarding reparations, as well as the evolution of the Romanian legislation on compensations for the abuses caused by the communist dictatorship. Eventually, we will try to assess the significance of reparations for the legal order of Romania.

UNDERCOVER PARTNER

UNDERCOVER PARTNER

Author(s): Marian Alexandru / Language(s): English / Issue: 1/2016

Keywords: partner; investigator; investigation; prosecutor; judge.

The undercover partner takes part in the process of providing the investigating bodies with information. This institution carries out activities similar to undercover investigator. These both represent a proactive investigating instrument used by criminal authorities to obtain better results concerning the fight against criminality. Under the cover another identity, they carefully search for crimes or favorable circumstances for commitment of others new.

THE PRINCIPLE OF SEPARATION OF JUDICIAL FUNCTIONS

THE PRINCIPLE OF SEPARATION OF JUDICIAL FUNCTIONS

Author(s): Denisa Barbu / Language(s): English / Issue: 1/2016

Keywords: right to defence; presumption of innocence; guaranteeing the freedom of the person; the legality; the separation of judicial functions.

The fundamental principles of the criminal procedure are general rules applicable throughout the criminal procedure in order to achieve its purpose. The fundamental principles are covered by art. 2-12 C.C.P. and are: the legality of criminal procedure, separating the functions of the judiciary, the presumption of innocence, finding out the truth, ne bis in idem, a requirement for moving and exercising penal action, is fair and reasonable term of the criminal trial, the right to liberty and security, the right to defence, respect for human dignity and privacy, the official language and the right to an interpreter. The European Court of Human Rights is conscious that by protecting the fundamental principles it does not only aim at the protection of super eminence of the inextricably right tied to the state of law. These principles represent a set of obligations imposed on the State that has as the sole purpose the protection of fundamental rights and freedoms.

THE PREVENTIVE ARREST OF A PERSON IN PREVENTIVE DETENTION STATUS

THE PREVENTIVE ARREST OF A PERSON IN PREVENTIVE DETENTION STATUS

Author(s): Bogdan Micu / Language(s): English / Issue: 1/2016

Keywords: preventive arrest; house arrest; danger to public order; preventive measures.

The paper addresses a practical issue of great relevance, namely that of opportunity and utility of preventive arrest of a person who is already in detention in another case. The issue is also extended and other preventative measures and is related to the fulfillment of the requirement of “threat to public order” imposed to be met in this matter.

THE ARREST PROCEDURE IN ACCORDANCE WITH THE DEMANDS OF THE CONVENTION

THE ARREST PROCEDURE IN ACCORDANCE WITH THE DEMANDS OF THE CONVENTION

Author(s): George Octavian Nicolae / Language(s): English / Issue: 1/2016

Keywords: the arrest procedure; European Convention on Human Rights; criminal law; reasonable suspicion; evidence.

In order to arrest an individual certain criminal procedural formal and basic conditions must be met. However, due to our country's ratification of the European Convention on Human Rights, besides this criteria, it is also necessary that our domestic law be in accordance with the demands of article 5, paragraph 1, point "c" of "The Convention" and the jurisprudence regarding it. The focus of this project is on the analysis of the indissoluble link between our national criminal law regulations regarding the arrest procedure and the demands of the European Convention for human rights.

THEORETICAL ASPECTS REGARDING THE NEW OFFENSE COVERED BY ART. 246 OF THE CRIMINAL CODE MISSAPPROPRIATION OF PUBLIC AUCTIONS AND OFFENCES COVERED BY ART. 65 OF LAW NO. 21/1996 REPUBLISHED. COMPETITION LAW

THEORETICAL ASPECTS REGARDING THE NEW OFFENSE COVERED BY ART. 246 OF THE CRIMINAL CODE MISSAPPROPRIATION OF PUBLIC AUCTIONS AND OFFENCES COVERED BY ART. 65 OF LAW NO. 21/1996 REPUBLISHED. COMPETITION LAW

Author(s): Rodica Aida Popa / Language(s): English / Issue: 1/2016

Keywords: misappropriation of public auctions; anti-competitional practices; constitutive contents of the two incriminations; fair competitive climate.

The present study aims to bring to the attention of the legal law specialists the theoretical aspects related to a new incrimination as the one covered by art. 246 of the Penal Code, the misappropriation of public auctions, as well as aspects of yet another incrimination, that is the one covered by art. 65 of Law no. 21/1996 republished-competition law, trying thus to prevent certain different interpretations about the typicality of the two incriminations and encourage the possibility of highlighting other arguments that will lead to an application as accurate as possible of the two incriminations. Presently there is no case law for the two incriminations therefore the theoretical analysis has to present interpretation arguments which will help the judicial bodies to easily classify the factual basis of the content of the two constitutive laws offering the possibility of a more detailed and contextual interpretation in relation to the reality. The way the public auctions take place is a constant preoccupation not only for the participants who are involved in the procedure and directly interested in abiding the under law and ensuring a fair competitive climate but also for the public opinion which is as equally interested in ensuring fair social-economical relationships based on the market principles. Simultaneously, the way the legal conditions of the second incriminations-that is the one from art.65 Law no.21/1996 republished - are interpreted in relation with the competition practices will lead to the clarification of the norm and its correct enforcement.