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NEW TRENDS CONCERNING THE RIGHT OF RESIDENCE OF FAMILIARS OF EU CITIZENS

Author(s): Valeria Di Comite / Language(s): English Issue: 3/2016

The right of family members of EU citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. This paper examines this right guaranteed by the secondary law, taking into account case law interpreting the relevant provisions of Directive 2004/38 and Regulation 2011/492. In this paper we focus on the specific additional protections afforded both by EU legislation and by the Court of Justice to family members—especially children—in order, in certain circumstances, to make their rights "autonomous" from those of the mobile EU citizen so they may continue to reside in the host Member State.

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GENERAL CONSIDERATIONS ON INDUSTRIAL PROPERTY RIGHTS AND THE ROLE OF PATENT ADVISOR

Author(s): Gabriel I. Năstase,Bogdan Pascu,Carmen Georgiana V. Badea / Language(s): English Issue: 03/2015

Patent advisor must have extensive experience in industrial property activity in order to analyse together with the inventor of all aspects related to the invention, both during drafting documentation and during its review by the Office of Inventions, and then, throughout the period of validity of the patent.

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THE INTERACTION OF LAW AND RELIGION IN CENTRAL NIGERIAN SOCIETIES

Author(s): Abiodun Akeem Oladiti,Akin Alao / Language(s): English Issue: 2/2017

This paper examines the interaction of Law and Religion in the central societies of Nigeria. Legal and religious orientations are inseparable as they both deal with the maintenance of order despite struggle for power and disputes, how rights are enforced and wrongdoing are redressed. The legal and justice system in the community derives its power and authority from the religious belief of the people. The elders of the community are the custodians of the legal and judicial matters of the society. the indigenous judicial system believe in the immediate punishment of a culprit of an offense while for the foreign religions punishment are believed to come later in life or after death.

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Specte controversate ale judecății în camera preliminară

Author(s): Carmen Adriana Domocoş,Carla Antonia Ramona Ieran / Language(s): Romanian Issue: 1/2020

According to the provisions of art. 342 of the Code of Criminal Procedure, the subject-matter of the preliminary chamber is the verification of the jurisdiction and legality of the notice, the lawfulness of the administration of evidence and of the acts of criminal prosecution bodies. In the paper, it is described the characteristics of the preliminary chamber, then it is analyzed the appeal in the preliminary chamber procedure, the effects that the appeal produces and the solutions which the judge of the preliminary chamber may order in the appeal. Regarding the solutions which the judge of the preliminary chamber may order, they are limited in the Code of Criminal Procedure, as well as the solutions which the judge of the preliminary chamber may pronounce in the appeal. In judicial practice, the solution given in such an appeal, which abolished the sentence of a preliminary chamber, was considered questionable and the case was referred to the same court in the absence of a law providing such a solution. Finally, as a corollary of the issues presented in the paper, we formulated some conclusions and de lege ferenda proposals.

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Activitatea lui Gheorghe Sofronie ca profesor de drept internațional în cadrul facultății de drept orădene, în perioada interbelică

Author(s): Simina Ioana Goia / Language(s): Romanian Issue: 1/2020

The functioning of the Faculty of Law in Oradea, between 1920-1934, left its mark on the existing cultural life in Bihor County. Among the personalities of the interwar Years, personalities who maintained the image of the University at a remarkable level -as being a genuine fountain of local and national culture- was also Gheorghe Sofronie.

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Cazurile de asistență juridică obligatorie

Author(s): Antonius George Pirtea / Language(s): Romanian Issue: 1/2020

The legal assistance had an important role from ancient times no matter of the form of the society and it remained and evolved around the needs of those who needed to be represented. From ancient Greeks specialized in public speaking to the Romans who were practicing clandestine legal assistance without being organized in our modern lawyers form of advocacy. Whatever the case, the legal assistance was there in a way or another. This paperwork touches the problem of compulsory legal assistance regulated by the criminal law procedure, a reference of course to the procedural phases in which might exist some sort of gaps in terms of the law. The term „legal gaps” refers to the difference from case to case regulated by the criminal law procedure.

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Implicaţiile procedurii acordului de recunoaştere a vinovăţiei asupra principiului prezumţiei de nevinovăţie

Author(s): Romana Coman / Language(s): Romanian Issue: 2/2019

Having only five years of existence in our legislation, the special procedure of the guilty plea agreement has a legislation still not fully adapted to the fundamental principles of the criminal proceedings. The principle of the presumption of innocence set against the way in which the procedure is regulated, raises many problems. When is the presumption of innocence reversed? How is the presumption of innocence of the other participants affected? To what extent can the declaration of admittance be used against the defendant, if the agreement is not confirmed? Summarizing all the problems in a single question, the article analyzes what takes precedence, the principle of the presumption of innocence or the right to conclude an agreement on guilty plea?

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Normele juridice de aplicare şi normele juridice de completare. Constituţionalitate

Author(s): Ana Mocanu-Suciu / Language(s): Romanian Issue: 2/2019

The principle of legality as a fundamental principle of law implies respect hierarchy of norms stated by legal force. The legal force of the legal norms contained in various normative acts is closely related to the degree of legitimacy of the issuing authority. In the widely understood legislative practice, there is often the tendency to intervene in the path of subsequent regulation to explain the meaning of some notions or to outline the scope of legal institutions regulated by normative acts with superior legal force. This is not always accordance with the principle of the hierarchy of legal norms, which ultimately ensures the functioning of a coherent system of law and which, at the same time, constitutes one of the most consistent sides of the principle of legality. The objective of the present study is to analyse the conditions under which it is possible that the authorities with subsequent regulatory competence may resort to the adoption of legal norms that articulate with the normative act superordinate from the point of view of the legal force. The analysis of the concordance between the stated purpose of issuing the normative act inferior legal force and its content often denotes the slipping of the administrative authorities, in particular, towards the tendency to complete and add to the text with superior legal force, an aspect that acquires strong accents of illegality.

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THE MOMENT OF CONSUMMATION OF AN OFFENCE RELATING TO THE MANIPULATION OF AN EVENT: UNDER THE CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

Author(s): Gheorghe Reniță,Sergiu Brinza / Language(s): English Issue: 3/2022

An offence is consummated when the committed act falls within a criminal rule. Fixing the starting point of the offence consummation has legal relevance for, a number of reasons: on the one hand, it marks the time when there is corpus delicti of crime in place; on the other hand, it defines the date of the offence, which has practical interest for addressing some issues, e.g., determining the applicable criminal law, calculating the limitation period for criminal liability, the incidence of an amnesty law, etc. Hence, this article identifies the peculiarities of the moment of consummation of an offence relating to the manipulation of an event. For this purpose, account was taken of legal provisions, judicial practice, and doctrinal approaches.

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CURRENT ASPECTS OF BAIL IN THE LIGHT OF FREE ACCESS TO JUSTICE

Author(s): Maria-Iuliana Ciocan / Language(s): English Issue: 4/2022

In the light of civil procedural law, an important place is occupied by the posting of a bond at the disposal of the court for the purpose of suspending enforcement, as a guarantee of the debtor's fulfilment of the obligation contained in the enforceable title. This study addresses the incidence of the right to a fair trial - in the form of free access to justice (as protected by Article 6 of the E.C.H.R.) - in the hypothesis of the imposition of an obligation to pay a security in an extremely high amount. Among the issues addressed are the possibility of granting exemptions, reductions and staggering of the amount of the deposit, the violation of the principles of fairness and equality of rights of the parties by exempting public institutions and authorities from the obligation to deposit bail in order to suspend enforcement, as seen in the light of domestic case law and the case law of the European Court of Human Rights.

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COVID-19 PANDEMIC AND ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA: A CALL FOR A BETTER APPLICATION

Author(s): Pascal Bekongfe Aboh,Patrick Chukwunonso Aloamaka / Language(s): English Issue: 4/2022

The world is moving into an uncertain future and one does not need a crystal ball to agree that uncertainty stares the whole world in the face; one only need reference the global pandemic caused by the dreaded corona virus. Famously, for a long time it has been known that when America sneezes the whole world catches a cold, but this time china Coughed and the whole globe was affected. Nigeria was not spared and neither were its security apparatus spared nor the Criminal Justice Administration (CJA) which struggled to cope with the new challenges that surfaced due to the pandemic. In this entire viral hurricane witnessed globally how did the Criminal Justice Administration (CJA) and its attendant legal framework in Nigeria fare? This paper has as its focal point to review said legal framework viz a viz attendant challenges leading to a call for better application of the legal framework to the administration of criminal justice in Nigeria hoping that lessons were learnt from mistakes made.

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WHERE DID IT START FROM? AND WHERE DID IT END UP? EQUAL RECOGNITION BEFORE THE LAW OF PEOPLE WITH PSYCHOSOCIAL AND INTELLECTUAL DISABILITIES

Author(s): Raluca Ştefania Lazăr / Language(s): English Issue: 1/2023

The present study aims to highlight the legislative evolution in the field of equal protection and recognition before the law of persons with disabilities. Historically, in legal systems worldwide, people with disabilities stand out among all the groups that have been arbitrarily and prejudicially denied the right to full legal capacity. Not all forms of disability cause changes in legal capacity, but only psychosocial and intellectual disabilities. The legislative reconfiguration of civil law mechanisms for the protection of vulnerable persons was a necessary measure to align national regulations with international standards in this field.

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RAPORTURILE PATRIMONIALE DINTRE SOȚI DUPĂ ÎNCHEIEREA CĂSĂTORIEI. ASPECTE DE DREPT COMPARAT

Author(s): Narcisa Victoria Dărăban / Language(s): Romanian Issue: 2/2022

Getting married is a moment of great importance for any person, being considered the second biggest event in a person's life, after birth. This is also why, in addition to the emotional implications of this decision, those who want to take this step also think about what will happen to the assets they own and those they will acquire together after getting married. In this article we will analyze this aspect through the legislation of Romania, Netherlands, USA and we will point out the European directions in the field of matrimonial regimes because, in recent years, the need for standardization has been noted due to the growing number of international couples. It is becoming more and more important to have a good understanding of the substantive rules of each country or state involved, due to this increase in the number of marriages between people from different states, and the signing of a matrimonial agreement raises complex legal issues, being the obligation of practitioners and the courts to solve them.

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THEORETICAL FOUNDATIONS OF THE RIGHT TO FREEDOM OF EXPRESSIONBETWEEN THE SOCIAL GOOD AND INDIVIDUAL INTERESTS

Author(s): Raed GHANEM / Language(s): English Issue: 2/2022

The historical development of human rights coincided with the emergence and development of many philosophical and legal schools and currents. The diversity of these schools has played a role in producing different theories about the various foundations of human rights, including the right to freedom of expression. These theories produced a debate about the factors and criteria adopted by the founders and supporters of those theories in justifying the right to freedom of expression. In other words, the theoretical justifications for freedom of expression may differ according to the perception of the role and nature of freedom of expression. This led to classifying those theoretical justifications, on the basis of the targeted interest, into two categories. The first category is based on the role of freedom of expression in serving the social good. One such argument is the "Pursuit of Truth" and "Democracy". The other category represents the theories and arguments that were based on the role of freedom of expression in serving the interests of individuals and expressing their existence. The most important of these arguments are "Autonomy" and "Human Dignity". This paper reviews these four arguments in view of the interest factor that freedom of expression can serve.

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CHATTELS AND GOOD FAITH

Author(s): Crina Maria GOLOMAN,Andra Carmina LAZĂU / Language(s): English Issue: 2/2022

The present research proposes to focus on the aspects that determine the importance of good faith concept in property rights, starting from its importance in the civil law in general and finalized by identifying the particular incidents within the acquisition institutions and exercise of the property rights. Considering the existing legislative, doctrinal and judicial practice based on pre-modernized Civil law the task is not an easy one, also taking in consideration the complexity of the concept under analysis. Along with good faith, a basic principle of civil law, we will consider movable property, under the aspect of property rights and the interference of good faith in this subject.

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НЯКОИ ВЪПРОСИ ОТНОСНО ПРИДОБИВНАТА ДАВНОСТ НА НЕДВИЖИМИ ИМОТИ

Author(s): Asen Vodenicharov / Language(s): Bulgarian Issue: 1/2024

The purpose of the present presentation is to address some issues related to the elements of the factual composition of the prescription of acquisition, the presumption of Article 69 of the Law of Property, both about the possessor and the existence of possession in co-ownership. The issues relating to the invocation of an already expired prescription in favor of the possessor and the legal consequences associated with acquiring a title deed, as well as in the presence of competing acquisition grounds, are examined.

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СЕМЕЙНОПРАВНИТЕ ПРЕДИЗВИКАТЕЛСТВА НА НОВОТО ВРЕМЕ

Author(s): Mariya P. Petrova / Language(s): Bulgarian Issue: 1/2024

In the last nearly two decades, Bulgarian family law has faced a number of challenges of the new era. The model of the family and the relationships within it have changed, including its existence in and out of marriage. There is convergence of the Bulgarian legislation with the legislation of the European Union. More and more specific hypotheses arise in family law relations, and all this has given rise to the need for adequate legislative changes in the national legislation of Bulgaria. This presentation is an attempt to outline and systematize the main guidelines in the development of family law and its future development, emphasizing the latest legislative authorizations of traditional hypotheses, as well as the trends for the development of family law in Bulgaria.

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ИНТЕРЕСЪТ НА ДЕТЕТО В ПРОИЗВОДСТВАТА ПО СПОРНА СЪДЕБНА АДМИНИСТРАЦИЯ

Author(s): Teodora Zhelyazkova Deneva / Language(s): Bulgarian Issue: 1/2024

The interest of the child is a dynamic concept that can be considered in three aspects - as a subjective right, as a legal principle and as a rule with procedural legal significance. The best interests of the child is a general standard of care that the court should have regard to in any procedure involving or affecting the child, including procedures of court administration of subjective rights.

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СПЕЦИФИКА НА МЕТОДОЛОГИЯТА НА ИСТОРИКО-ПРАВНОТО ИЗСЛЕДВАНЕ

Author(s): Hristo Pavlov / Language(s): Bulgarian Issue: 1/2024

The report presents the features of the historical-legal research methodology. The main methods used by the history of the state and law are indicated. In legal theory, they are differentiated by various signs, but taking into account the specifics of the subject of the history of the state and law, this report applies the approach in which the methods are divided into general scientific and specific.

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PUBLIC SECURITY RISKS AND THE RESPONSE OF CHINESE LEGISLATION IN THE DIGITAL AGE

Author(s): Yangyu Xiao,Chuang Nie / Language(s): English Issue: Special/2025

The rapid development of digital technology has led to great changes in people’s lifestyles and social structure in China, such as digitalisation of behaviour, intelligentization of tools, virtualisation of scenes, and platformisation of the economy. At the same time, new public security risks have emerged in Chinese society, such as the social deconstruction risk, the risk of negative technological value, and the risk of technological instrumental value. Although China’s legal system has already made some responses to the public security risks of digital technology, there still remain some risk-associated problems, such as the lack of public security risk prevention obligations of digital technology, and unclear provisions on the sharing of responsibility for digital technology risks. During the prevention of public security risks of digital technology in China, the system of public security risk prevention obligations in the digital era should be further established, the principle of reciprocal public security risk responsibility should be clarified, and the public security risk responsibility allocation system for multiple technology subjects should be improved.

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