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CONSIDERAȚII PRIVIND ROLUL DREPTULUI ADMINISTRATIV ȘI CEL AL FAMILIEI ÎN APLICAREA CONCEPTULUI AUTOCONTROL CA MIJLOC DE REGLARE SOCIALĂ

Author(s): Alina Livia Nicu / Language(s): Romanian Issue: 2/2024

This paper emphasizes the role of self-control in creating and maintaining social relations based on collaboration, mutual help, mutual protection so that social peace is the natural result of human interactions, and daily extremism does not exist. The role of administrative law is analyzed, both as a branch of law and as a science, in understanding the importance of the concept of self-control. It is analyzed whether and to what extent public authorities, cultural and educational institutions can get involved in the learning of self-control skills by humans. The paper highlights the importance of the family in defining the behavioral tendencies of a child and a young person and the necessity and usefulness of the partnership relationship between the family and the state in the activity of preventing the deviant behavior of children and young people. It is argued that self-control is the main solution to reducing individualistic tendencies and eliminating extremism, but it can only really exist as a solution if there is a solid cultural foundation. Only an educated man, a man with a sufficient level of culture to correctly understand the surrounding reality and the social role of the verb “to refrain” from harming the environment and your fellow man, can self-control and self-censor. Proposals are formulated.

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CORRELATIONS ABOUT THE MÉNDEZ PRINCIPLES AND SECONDARY VICTIMIZATION

Author(s): Aura Marcela Preda / Language(s): English Issue: SI/2024

It has been observed in the specialized literature, based on empirical research, that sometimes the victims experience a double victimization: one from the aggressor (primary victimization), the second one comes from the representatives of public authorities with whom they come into contact (victimization secondary). Various ways of preventing both forms of victimization have been proposed, but I will insist on one of them that refers to the prevention of secondary victimization by implementing the Mendez principles.

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PARENTAL ALIENATION – A FORM OF PSYCHOLOGICAL VIOLENCE

Author(s): Alina-Raluca Sarchisian / Language(s): English Issue: SI/2024

Parental alienation is a complex phenomenon that occurs in high-conflict custody disputes, where one parent influences a child to reject the other parent unjustifiably. The alienating parent may use manipulation techniques, false accusations, and emotional blackmail to drive a wedge between the child and the target parent. This behavior not only affects the parent-child relationship but also has long-term psychological consequences for the child and the family as a whole. Children who experience parental alienation often display symptoms of loyalty conflicts, anxiety, depression, and low self-esteem. They may align themselves completely with the alienating parent and refuse contact with the other parent, even in the absence of any actual harm or abuse. This distorted perception of reality can impair their ability to form healthy relationships in the future and contribute to emotional difficulties later in life. As a serious issue, parental alienation requires a multidisciplinary approach to resolve. By understanding the psychological mechanisms underlying alienating behaviors and implementing evidence-based interventions, we can work towards mitigating the harmful effects of parental alienation on children and families. It is essential for society to raise awareness about this phenomenon and provide support to families affected by it, in order to promote healthier parent-child relationships and prevent long-term emotional harm.

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Władze publiczne wobec sygnałów obywatelskich – rozważania w kontekście transpozycji dyrektywy 2019/1937 o ochronie praw sygnalistów

Author(s): Sławomir Czarnow / Language(s): Polish Issue: 1/2025

Public authorities, broadly defined, receive a wide variety of citizen signals. The development of the institutions of the democratic state has resulted in avariety of procedures. The complaints and applications procedure is gradually being displaced by other methods, often more attractive, such as petitions or applications to the Ombudsman. The implementation of Directive 2019/1937 on the protection of whistleblowers has further increased the scope of public scrutiny of the imple- mentation of public and economic tasks. However, increasing the effectiveness of the response to reported abuses requires adapting the obligations of public authorities and current procedures, especially complaints procedures, to current realities.

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Informatyzacja postępowania egzekucyjnego jako pole doświadczalne ustawodawcy na przykładzie procesu wymiany informacji między stronami postępowania a komornikiem sądowym

Author(s): Jakub Bródka / Language(s): Polish Issue: 14/2024

The computerisation of the judiciary in the age of the information society is be-coming increasingly necessary, but also problematic due to various technolog-ical and non-technological obstacles. The purpose of this Article is to presentenforcement proceedings as a process that may become the foundation fora further stage of the computerisation of judiciary in a broad sense. The anal-ysis includes both the state of computerisation of the enforcement proceed-ings under the current legal regulations and the specific qualities of the en-forcement proceedings compared to other proceedings, which could facilitatethe development of appropriate ICT systems in the future. These include those relating directly to the current legal and procedural regulations and the systemof financing judicial enforcement, as well as those resulting from the positionof the judicial enforcement officer in relation to the parties to the proceedings.Furthermore, the limitations which make it difficult to implement the changesdue to the nature of the enforcement proceedings and due to the general dif-ficulties in the computerisation of court proceedings have been pointed out.

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PROTEJAREA OPERELOR ORFANE ÎN ERA DIGITALĂ

Author(s): Constantin Anechitoae / Language(s): English,Romanian Issue: 1/2023

In the digital age, protecting orphan works is a daunting task. However, there are strategies that can be used to protect these works. The article highlights both legal and technological approaches as essential to identifying and implementing sustainable solutions. Legal measures may involve changes to copyright laws, such as introducing a limited term of protection for orphan works or allowing non-profit organizations to use them without fear of legal repercussions. Technological solutions may involve the use of fingerprinting and watermarking techniques to help identify and track these works. Combining legal and technological approaches could also be effective in protecting orphan works. For example, a registry or database could be created and managed by a nonprofit organization that would list all orphan works along with copyright information and allow users to search for them. This would make it easier for people to find and use orphan works, while ensuring that copyright holders who can be identified receive adequate compensation if their works are used for commercial purposes.

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IMPORTANȚA STABILIRII ELEMENTELOR SPAȚIOTEMPORALE ÎN INVESTIGAREA INFRACȚIUNILOR DE FURT ȘI TÂLHĂRIE

Author(s): Cristiana Fumureanu / Language(s): English,Romanian Issue: 3/2023

In the investigation of the crimes of theft and robbery, it is very important to establish the place and time when these acts were committed, having relevance to the legal classification in the basic form or the aggravated forms, as well as for the administration of evidence.

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VÂNZAREA MOȘTENIRII. OBLIGAŢIILE CUMPĂRĂTORULUI

Author(s): Georgiana Cimpu / Language(s): English,Romanian Issue: 3/2023

Trying to respond efficiently to situations in which the sale takes an atypical form, the legislator inserted among the texts of the current Civil Code the varieties of sale, among which there is also the sale of the inheritance, representing a contract by which the holder of an inheritance right alienates this right for consideration to another person. This article aims to highlight the most important aspects related to the obligations assumed by the buyer through such a sale, thus analyzing the obligation to pay the price and, respectively, the obligation to repay the debts and burdens of the inheritance.

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BUNA CREDINȚĂ ȘI ABUZUL DE DREPT ÎN CODUL CIVIL ROMÂN

Author(s): Mariana-Georgiana Boltașu (Petrașcu) / Language(s): English,Romanian Issue: 3/2023

Every law system is governed by fundamental principles of law, common to all branches of law, same as the Romanian legal system, category in which is included the good-faith as well, legally regulated in the content of the 14th article of The Civil Code. Based on moral values, derived from Roman law and adopted by the majority of states, the principle of good-faith and its applications are still a real debate subject for all the legal advisers, magistrates, lawyers and other legal specialist form Romania and other countries, despite of its longevity. In the Romanian Civil Code in force, the goodfaith principle has a very close connection whit the abuse of rights notion, an unused notion in other law systems, that has a poor definition at present and no sanction, but it’s used in the Romanian jurisprudence only by reference to the principle of good faith, reason why its applicability created an uneven practice among the courts. The study of abuse of rights and good faith, has been approached in Romanian doctrine, but there are few works that have been entirely dedicated to this subject. Thus, the regulation offered by the Romanian Civil Code provides a guideline, but it is not edifying regarding the meaning and application of this notion. This article represents a debating toping, on which my PhD scientific work is based, through I want to improve the interpretation and applicability of the two fundamental notions, Good Faith and Abuse of Rights in the Romanian law system.

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JUSTIȚIA RESTAURATIVĂ – O ALTERNATIVĂ ORIENTATĂ SPRE RESPONSABILITATE, REPARAȚIE ȘI REINTEGRARE

Author(s): Ionuț Viorel Bordeiași / Language(s): English,Romanian Issue: 3/2023

Restorative justice is a harmonious amalgamation of the implementation of legal regulations by those responsible in the justice system." Beneficiaries and civil society have the capacity to raise awareness through non-restrictive methods to achieve their goals. The individual who commits the transgression must take responsibility for his actions, repair the harm caused and understand that this behavior is not a sustainable way of life. In terms of his choices in society, he is able to maintain his freedom of action. This is especially true where current laws do not provide opportunities for restorative justice after a conviction. To provide an alternative to the realm of possibility, it is imperative that such an option exists on a national, regional or global scale. The nonintegration of the community is a predominant problem, in addition, there is a need for the integration of new laws in this field, with an emphasis on achieving a harmonious balance. On the one hand, there is the recognition of the existence of the victim in exchange for the perpetrator. Looking at the problem from two different angles, one being the point of view of law enforcement agencies that do not implement basic psychological measures, and the other being the point of view of research conducted on the same topic. The evolution of history can be traced back to its development at both the individual and social levels.

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CORELAŢIA DREPT OBIECTIV - DREPT SUBIECTIV

Author(s): Adrian Vasile Cornescu / Language(s): English,Romanian Issue: 4/2023

There is a logical correlation between the concepts of objective right and subjective right, in the sense that no subjective right can exist, unless it is consecrated in the objective right, one of the purposes of objective right consisting in the creation of subjective rights that can be used and exercised by the holders to whom they are recognized.

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DIFERENȚIEREA DINTRE CULPĂ ȘI INTENȚIA INDIRECTĂ ÎN DREPTUL PENAL ROMÂN: O ANALIZĂ INTERDISCIPLINARĂ

Author(s): Mihai Merișescu / Language(s): English,Romanian Issue: 4/2023

The correct establishment of guilt is a cornerstone in the process of applying the norms of criminal law. In this context, fault and indirect intention are two fundamental forms of guilt that decisively influence the classification of offences and, implicitly, the severity of applicable sanctions. The distinction between these two forms of guilt is essential for assessing the degree of criminal responsibility, and the analysis must include not only the elements of positive law, but also considerations from the sphere of psychology. Thus, the complex understanding of the differences between fault and indirect intention requires an interdisciplinary approach that explains both the legal and psychological mechanisms involved in the doer’s behavior.

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NOŢIUNILE DE DREPT SUBIECTIV ŞI OBLIGAŢIE JURIDICĂ

Author(s): Adrian Vasile Cornescu / Language(s): English,Romanian Issue: 4/2023

The subjective right can be defined as a prerogative conferred by law, under which the right holder can or must have a certain conduct or ask others to have a conduct appropriate to his right, under the sanction recognized by the law, in order to capitalize on a personal, direct, born and actual interest, legitimate and legally protected, in accordance with the public interest and the norms of social coexistence.

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INVESTIGATION OF THE LEGAL DIMENSION OF THE ESTABLISHMENT OF FISH FARMS IN THE SEAS AND COASTAL AREAS

Author(s): Faik Ahmet Sesli / Language(s): English Issue: 65/2025

Turkey's geographical richness, extensive coastline and inland water resources have a great potential for aquaculture. In order to utilize this potential, coastal areas are emerging as a strategic area where fish farms are located. Aquaculture creates important opportunities in terms of healthy nutrition of people, raw material supply to the industrial sector, employment generation, contribution to rural development, high export opportunities, more effective management of natural resources and conservation of biodiversity. In Turkey, cage fisheries serve the purpose of ensuring an economically and ecologically balanced fish production in coastal areas within the framework of integrated coastal management. In this study; emphasizes that integrated coastal zone management is vital to make Turkey's aquaculture sector more sustainable and efficient. In this framework, it is argued that planned investments and effective monitoring are critical to the success of the aquaculture sector, especially in coastal areas where fish farms are located. Adopting an integrated coastal management strategy will help Turkey fully utilize its potential in this area and contribute to building a sustainable aquaculture sector.

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Solving Environmental Crimes through Restorative Justice Approaches

Author(s): Patrick Bashizi Bashige Murhula,Shanta Balgobind Singh / Language(s): English Issue: 1/2023

Environmental crimes pose a grave threat to our everyday lives, our planet, and future generations. Environmental crimes are any illegal trade in wildlife, forestry and fishery, illegal dumping of waste including chemicals, smuggling of ozone-depleting substances and illegal mining. Protecting and improving the quality and safety of our environment is one of our critical outcomes aimed at ensuring that the current and future generations will continue to enjoy their right to an environment that is not harmful. However, the traditional criminal justice approach has challenges in establishing culpability in environmental crimes and does not always make it possible to repair the injustice done by the wrongdoers. Using case studies from Australia, the findings of this study demonstrate that the use of a restorative justice approach makes it possible to resolve the multidimensional nature of environmental injustices and help to implement different needs of victims such as reparation, recognition, participation in Court proceedings and assistance. Furthermore, it places the justice process in a transformative logic that makes it possible to prevent future injustices.

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О ЛОКАЛНОЈ САМОУПРАВИ У СРБИЈИ СА ОСВРТОМ НА ЛОКАЛНИ ИЗБОРНИ СИСТЕМ

Author(s): Milan Rapajić,Dejan Logarusic / Language(s): Serbian Issue: 4 (1)/2024

The paper places special emphasis on the local electoral system. Before that, the authors look at the position and role of local self-government in Serbia, with initial considerations on the historical development of local self-government in the world. Local self-government is performed on a limited part of the state territory under the authority of the state government. What characterizes local self-government is that the residents of the local community decide for themselves on issues related to everyday life. The paper specifically analyzes the status of local self-government according to the 2006 Constitution. In this sense, the concept of local self-government, the way of decisionmaking, powers and protection of local self-government were pointed out. There is an open discussion about the features, advantages and disadvantages of the types of electoral systems. It is proposed to reform the type of electoral system in the local self-government of Serbia and introduce a type of mixed electoral system. The solution of the direct election of the mayor is pointed out, but with attention being drawn to the fact that the constitutional norm, according to which the assembly is the highest representative body, needs to be changed beforehand. While pointing out the advantages of the mixed electoral system in local self-government and the direct election of the mayor, it is noted that there are also certain disadvantages of these solutions. The reform interventions, which are related to the change of the electoral system in local self-government, would experience their full capacity, if the entire political system in Serbia is reformed, which is the author’s concluding opinion.

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НОВИ УСТАВНИ ИНСТИТУТИ У ЕВРОПИ: ЗАПАЖАЊА О КОРИСНИМ И НЕПОВОЉНИМ АСПЕКТИМА ШИРЕЊА УСТАВНЕ МАТЕРИЈЕ

Author(s): Vladimir Mikić / Language(s): Serbian Issue: 4 (1)/2024

Expanding the constitutional content has its positive and, also, less favorable effects. Making certain issues the matter of the constitutional regulation has for long been established as a tendency in the European comparative constitutional area. Constitutionalization of a rising number of categories and non-legal terms conflicts with the dignity of the constitution, having, at the same time, for consequence a more limited possibility of an arbitrary sub-constitutional regulation of various matters. A more favourable aspect of the noticed trend is contained in branching out into a delta of original expressions of competences of the constituent power. The constitutionalization of independent regulatory bodies is ever more visible, as is the gradual elevation of the consumers’ protection or the widening of fundamental rights on the status of the constitutional content. On the other hand, a noticeable tendency of unadjusted transposition of international legal acts in the field of human rights in national constitutions, contributing to the transfer of constitutional emphasis towards the law of human rights. The content of numerous constitutions is too much of a unitary nature for the legitimate requests of theory which claims that constitution is the expression of sovereignty of every state, as well as of its subjects to whom the constitution-making capacity belongs. The expansionism of the constitutional law appears as a simplified expression of the necessities recognized elsewhere, and forged through very particular political circumstances and social relations. The paper indicates the ways in which described deficiencies can be eliminated, for the purposes of protecting the dignity of constitution, and promoting the expression of an authentic constitutionmaking power, based on a conclusion constructed upon the analysis of constitutions of European countries.

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МЕРЕЊЕ НЕЗАВИСНОСТИ СУДСТВА DE IURE У РЕПУБЛИЦИ СРБИЈИ НАКОН УСТАВНИХ ПРОМЕНА 2022. ГОДИНЕ

Author(s): Dragutin Avramović / Language(s): Serbian Issue: 4 (1)/2024

More than a decade ago, the author published the co-authored article containing the case study of de iure independence of judges in the Republic of Serbia, as well as of the changes de constitutione and de lege ferenda that could be performed. The authors had applied the methodical framework developed by Melton and Ginsburg, using six key indicators of de iure independence of judges (statement of judicial independence, judicial tenure, selection procedure, removal procedure, limited removal conditions, and salary insulation). Using the same methodological matrix as in the previous article, the author tends to determine what has been done and what changes took place in the Republic of Serbia after the constitutional changes of 2022 and new judiciary laws. Contrary to some assessments in the literature that the novelties of 2022 were just a small or almost no step forward on the path to the rule of law strengthening, the author finds that quite a lot was done and that the weakest points of the previous normative framework (mentioned in the earlier article) are mostly eliminated. All the more, by measuring the same parameters which are determining de iure judicial independence, it is founded that the tendency to achieve “thick” rule of law has been exaggerated. Insisting upon a “romanticised picture” of the independent judiciary was particularly visible in some solutions, particularly those relating to the election of judges. Owing to this quantitative analysis the author finds that the constitutional changes in the Republic of Serbia of 2022 have opened a way to the opposite exaggeration, namely to something that could be labelled in theory as juristocracy/courtocracy.

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МОЋ ПРАВА У САВРЕМЕНОМ ДРУШТВУ – СОЦИОЛОШКИ АСПЕКТ

Author(s): Dragana Vilić / Language(s): Bosnian,Serbian Issue: 4 (1)/2024

The rule of law is the basis of a well-ordered society. Sociology shows interest in all forms and elements of legal power and its effect on justice, government institutions and citizens. The role of power in the creation and functioning of law in society is manifested in the power of legal institutions and the legal system to regulate and control the whole society. In concrete legal and social practice, power is manifested through the implementation of procedures, regulations, interpretations, changes, transformations and additions to legal norms and the creation of conditions for their operation as mechanisms and instruments of direct control of individuals, groups, communities and society. The social utility and importance of the power of law is reflected in its presence in all segments of social life. The power of law and order is manifested as personal and collective security in society. In the international order marked by socio-economic inequalities, disturbance or threat to justice, the rise of new types of power and its unequal distribution, the question of the role of law arises. International law emerges as a sphere of equality and stability. However, as strong states seek to limit and instrumentalize the role of international law. This creates tensions. In modern conditions, in the international communication of states, two tendencies are manifested - turning law into an instrument of demonstration and application of force and law without power. In bouth cases, the law loses its efficiency.

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THE PROTECTION OF HEALTH-RELATED DATA IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE LAW

Author(s): Brano Hadži Stević / Language(s): English Issue: 4 (1)/2024

Health-related data (HRD) are particularly sensitive and demand special protection. In the European Court of Human Rights’ (the ECtHR) case law, HRD are protected by Article 8, which proclaims the right to private and family life. Furthermore, the ECtHR underlines that the protection of personal data has “fundamental importance” for an individual’s enjoyment of the right to privacy. The sensitivity of HRD is connected with the possibility of revealing an individual’s privacy and intimate life, which, consequently, could lead to the violation of other rights, e.g., discrimination. Under the Council of Europe, the only legally binding document related to data protection is Convention 108, while Recommendation No. R (97) 5 and Recommendation CM/Rec(2019)2 are not legally binding, but they provide guidelines on regulating HRD issues. All of these documents are germs that have been developing in the ECtHR’s case law. In order to analyze the ECtHR’s case law related to the protection of HRD, this paper aims to elucidate the meaning of some concepts, such as personal data, health-related (medical) data, the collecting and processing of data, etc. Also, this paper tends to examine: who can collect HRD, in which way they can be collected (particularly: is the consent of a data subject necessary), for which purposes, and how long should they be kept? The ECtHR claims that respecting the confidentiality of HRD is a “vital principle” not only regarding the patient’s right to privacy but also in order to preserve confidence in medical protection and health services.

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