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LA FAMILLE OUVRIERE. UNE ANALYSE CHRONOLOGIQUE DE LA REGLEMENTATION DES SYNDICATS EN ROUMANIE

LA FAMILLE OUVRIERE. UNE ANALYSE CHRONOLOGIQUE DE LA REGLEMENTATION DES SYNDICATS EN ROUMANIE

Author(s): Dana Volosevici / Language(s): French Issue: 1/2018

Le salarié roumain du XXIe siècle s’identifie plutôt dans l’action individuelle que dans celle collective et participe timidement à la vie sociétale. Son choix vient d’un cadre législatif faible, mais aussi d’un insuffisant usus d’action démocratique, conséquence des bouleversements qui ont caractérisé la société roumaine dans le dernier siècle. L’article une propose analyse chronologique de la réglementation légale du statut des syndicats en Roumanie.

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A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

Author(s): Oana Răvaş / Language(s): English Issue: 1/2014

It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.

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GOOD GOVERNANCE IN THE CONTEMPORARY SOCIETY

GOOD GOVERNANCE IN THE CONTEMPORARY SOCIETY

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2014

This paper approaches some essential concepts representing the foundation of a modern society, of a rule-of-law state. All the political parties publicly active made it their goal and objective the obtaining of governance. In order to implement their governing policies, they must use the mechanisms that are specific to a rule-of-law state. To govern is not easy; to govern well represents not only a legal obligation, but also a moral one. The people must be “served”, its interest is primordial, and the governing must achieve the public purpose.

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THE MINOR’S JUDGMENT ASSUMPTION IN CIVIL AND CRIMINAL LAW IN REGARD TO THE AGE LIMITS ESTABLISHED BY THE LAWMAKER

THE MINOR’S JUDGMENT ASSUMPTION IN CIVIL AND CRIMINAL LAW IN REGARD TO THE AGE LIMITS ESTABLISHED BY THE LAWMAKER

Author(s): Maria-Magdalena Bârsan / Language(s): English Issue: 2/2014

The current paper aims to analyze the minor’s judgment assumption in regard to both civil law and criminal law, from the perspective of the new laws. In the first part of our analysis, we will discuss aspects of civil law regarding the person’s exercise capacity. We will analyze the three main stages which describe a person’s existence, namely the lack of exercise capacity, the anticipated capacity and full capacity, each with their own specifics. In the second past of this article, we will discuss the conditions in which the minor’s criminal liability can be engaged, according to the provisions of the new Criminal Code; we will also discuss the regulation of the minor’s criminal liability in other European Criminal laws.

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Le droit mou – créateur des droits dans le cadre de la société. Une étude comparative

Le droit mou – créateur des droits dans le cadre de la société. Une étude comparative

Author(s): Dana Volosevici / Language(s): French Issue: 1/2014

Le droit mou s’avère difficile à tracer, à cause, d’une part, du flou de la notion droit souple, ambigüité envisagée aussi dans la doctrine communautaire, comme nationale et, d’autre part, de l’émergence des normes à texture complexe, qui naissent comme droit souple, mais produisent des effets dans le droit dur, traditionnel. Le droit mou est aujourd’hui reçu dans l’ordre juridique et constitue une source des droits dans le cadre de la société, dans laquelle il contribue la création d’un statut renforcé pour les salariés.

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Les défis de la socialisation de l’espace actionnarial commercial de la société. Une approche comparative

Les défis de la socialisation de l’espace actionnarial commercial de la société. Une approche comparative

Author(s): Dana Volosevici / Language(s): French Issue: 1/2014

Entrant dans la vie sociétaire par une structure à plusieurs facettes, chaque d’elles ayant sa propre force normative et dimension morale, les salariés sont devenus les actionnaires de leur employeur, participants à la gestion de la société et gardiens de son fonctionnement. Aujourd’hui, la présence des salariés dans les structures de la société française est un fait indéniable et leur participation prend des dimensions variables, les dispositions légales et conventionnelles trouvant de nouvelles perspectives dans l’interprétation jurisprudentielle et dans l’approche des sociétés moralement responsables. Les principes du capitalisme moralisé qui ont l’ambition de transformer les salariés de simples pièces d’un engrenage en des agents moraux2 ne sont pas assimilés sans effets secondaires dans le cadre juridique traditionnel. Ainsi, la participation des salariés produit des changements dans la logique de la société classique, qui se voit l’expression non seulement des intérêts des associés, mais aussi de ses salariés. Cette présence ne reste pas sans effets sur la structure et les valeurs de l’actionnariat classique.

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THE CONCEPT OF PUBLIC PROPERTY

THE CONCEPT OF PUBLIC PROPERTY

Author(s): RĂDULESCU Dragos Lucian / Language(s): English Issue: 2/2014

The Civil Code stipulates the existence of public and private property. As a result, unlike private propertyas a way of the holder to possess, use and dispose of a good exclusively, absolutely1 (Hamangiu C.,Rosetti-Bălănescu I., Băicoianu A., 2002, pp.3) and perpetually, public ownership will belong to the stateor administrative territorial units. Public property shall be exercised on certain goods which by theirnature or by law are available for use in the public interest. the incompatibility between the private orpublic nature of the right will be ascertained either by agreement between the holders of the right, orthrough the intervention of the State by a Court ruling on the basis of public interest or use of the goodsin question. As a rule the differentiation is easily accomplished since goods in the public domain belongto the State or administrative territorial units like the county, city, town, and village.

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JUSTIFIABLE CAUSES. ELEMENTS OF COMPARED LAW

JUSTIFIABLE CAUSES. ELEMENTS OF COMPARED LAW

Author(s): Maria-Magdalena Bârsan,Maria-Magdalena Cardis / Language(s): English Issue: 2/2014

Throughout this article we will discuss the most important aspects regarding the system of justifiablecauses as regulated in our new law as well as in other European laws. As self defense was the subject ofanother article, in the current one we will only discuss two justifiable causes: the state of necessity(article 20 of the Criminal Code) and exercising a right or fulfilling an obligation (article 21 of theCriminal Code). We notice that the title used by the Romanian lawmaker, namely “justifiable causes” isnot seen in other country’s laws, as they chose to regulate these causes without naming themdistinctively; usually, they are mentioned along with the general regulation of the crime. Furthermore, wecan see that not all justifiable causes regulated in Romanian law are found in other European states’laws and those which are found have different regulations, either more permissive or more restrictive,according to what the lawmaker wished to achieve with that regulation.

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LE REDIMENSIONNEMENT MORAL DU CAPITALISME.VERS UN EQUILIBRE SALARIE – SOCIETE COMMERCIALE

LE REDIMENSIONNEMENT MORAL DU CAPITALISME.VERS UN EQUILIBRE SALARIE – SOCIETE COMMERCIALE

Author(s): Dana Volosevici / Language(s): French Issue: 2/2015

L’article propose une analyse sur le possible équilibre société commerciale – salarié, dans le cadre d’un capitalisme recomposé. La quête du capitalisme de concilier les deux éléments qui le composent, entreprises et salariés, ne viserait pas à favoriser le salariat, mais à éviter la ruine des capitalistes et, en conséquence, l’effondrement du capitalisme même.

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L'ACCIDENT ET LE COIN DE LA RUE - UN BREF ESSAI AUTOUR DE LA FIGURE DU TERRORISTE

L'ACCIDENT ET LE COIN DE LA RUE - UN BREF ESSAI AUTOUR DE LA FIGURE DU TERRORISTE

Author(s): Raluca Bujor / Language(s): French Issue: 2/2015

In this paper I try to raise some questions regarding the link between the notion of “accident” and what could be designated as the “figure of the terrorist”, following a non-political but rather philosophical interpretation. I argue briefly that this figure is only a “phantom” of realities which have been more or less unconsidered in the western philosophical tradition – accidents and contexts. Also, I try to revitalize the importance of time and space in personal histories, as opposed to logical perspectives on these coordinates. From this point of view, the paper contains a sketch of how the body “works” if we philosophically consider the configuration body-belt-explosive that characterizes the terrorist. In the end, I added some short observations on other marks that accidental realities can hear besides death and sufferance. My paper is mostly an essay around the question of accident, existence and ontology and the beginning for further work.

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THE APPLICATION OF THE NATIONAL SOVEREIGNTY PRINCIPLE IN THE CURRENT EUROPEAN CONTEXT

THE APPLICATION OF THE NATIONAL SOVEREIGNTY PRINCIPLE IN THE CURRENT EUROPEAN CONTEXT

Author(s): Cătălina Szekely / Language(s): English Issue: 2/2015

The paper addresses a fundamental principle of the functioning of the state and investigates the context in which it applies today. Ancient Greek philosophy principles are carried over in time and they adapt to the new European and international context. Europe turns. After each challenge or crisis, it turns. It starts from the ancient philosophy values and develops new visions. Sovereignty no longer appears as a national attribute, it adapts to the new structures; the principle is respected as such, but is given a make-over because the context changes.

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THE RIGHT TO A FAIR TRIAL. THE ROLE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

THE RIGHT TO A FAIR TRIAL. THE ROLE OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2015

According to article 6 of the European Convention on Human Rights, everyone has the right to a fair hearing of his case. This concept is related with the existence of a public hearing and provide a reasonable opportunity to respond to the applicant's request. The reasonable time impose a expeditiously judgment by an independent and impartial tribunal. On the other hand, the publicity of the hearing is respected even if the court prohibits public access throughout the hearing or yet for a certain period only if the ban is in the interest of morals, public order or national security. The extent of denying access during the hearing can be reported to the interests of juveniles or the protection of private life or the protection of private parties.

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Inequality Between Bedouin and other Ethnic Sectors in Israeli Education

Inequality Between Bedouin and other Ethnic Sectors in Israeli Education

Author(s): Julia Sirota,Mohamed Hajajra / Language(s): English Issue: 1-2/2019

In Israel the relation tissue between the Jewish majority and the Arab minority ischaracterized in increasing tensions and in exclusion and negation relations, worsening of inequalitymay also cause a crisis and violence and create a threat upon the democratic character of the country.In the current research the authors examined the equality issue in the education policy in the state ofIsrael and focused on the economic causes to marginalization in education in the Bedouin sector.

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Family Diagnostic and Consultation Centers as Institutions Supporting Courts and Families In Case of Maladjusted Minors

Family Diagnostic and Consultation Centers as Institutions Supporting Courts and Families In Case of Maladjusted Minors

Author(s): Nella Stolińska-Pobralska / Language(s): English Issue: 2/2012

The author explains the term of social maladjustment and tries to show how state institutions functioning according to the law are responsible for helping to find causes of maladjustment and choosing the best ways to help the minor and his family.

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Program wsparcia rozwoju małych firmrodzinnych w Polsce

Program wsparcia rozwoju małych firmrodzinnych w Polsce

Author(s): Łukasz Sułkowski / Language(s): Polish Issue: 3 i 4/2011

The paper present the program of support of development of small family businesses in Poland. The program is one of the results of research finished in 2010 and done by team: Ł. Sułkowski, A. Kowalewska, J. Szut, B. Lewandowska, M. Kwiatkowska, A. Marjański according the program financed by EU funds (PARP,“Pentor”).

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Interacting Legal Norms and Cross-Border Divorce: Stories of Filipino Migrant Women in the Netherlands

Interacting Legal Norms and Cross-Border Divorce: Stories of Filipino Migrant Women in the Netherlands

Author(s): Asuncion Fresnoza-Flot / Language(s): English Issue: 4/2019

The Philippines is one of only two states in the world in which absolute divorce remains largely impossible. Through its family laws, it regulates the marriage, family life and conjugal separation of its citizens, including its migrants abroad. To find out how these family laws interact with those in the receiving country of Filipino migrants and shape their lives, the present paper examines the case of Filipino women who experienced or are undergoing divorce in the Netherlands. Drawing from semi-structured interviews and an analysis of selected divorce stories, it unveils the intertwined institutions of marriage and of divorce, the constraints but also possibilities that interacting legal norms bring in the life of Filipino women, and the way these migrants navigate such norms within their transnational social spaces. These findings contribute interesting insights into cross-border divorces in the present age of global migration.

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ПРАВА ЖЕНЩИН В СОВРЕМЕННОМ ОБЩЕСТВЕ: РЕЗУЛЬТАТ ГЕНЕЗИСА ИЛИ ОБЪЕКТИВНАЯ НЕОБХОДИМОСТЬ?

Author(s): Anna Anatolyevna Kashirkina,Andrey Nikolayevich Morozov / Language(s): Russian Issue: 1/2020

The article is devoted to the definition of the place and role of women’s rights in the civilizational catalogue of human rights from the point of view of a multifunctional approach. In particular, on the basis of international legal analysis the main acts that laid the “Foundation” of legal protection of women are singled out; the periodic systematization of the main milestones in the formation of women’s rights on the basis of international legal acts is carried out; the analysis of the legal status of women in modern society is carried out from the standpoint of both legal protection and the real state of things, i. e. the formation of women’s rights. The problems facing the further improvement of women’s rights protection in the context of the human rights catalogue are highlighted. The authors adhere to the concept that women’s rights are also rights included in the General catalogue of human rights. However, taking into account the civilizational development of various States and cultures, it was only in the middle of the twentieth century that the international legal framework for equal rights of men and women was achieved. However, many challenges, including overcoming discrimination, remain to this day. In this regard, in the third Millennium after the “gender revolution” of the twentieth century comes the era of “gender strategy”, where the agenda includes the problems historically hushed up by society. The authors proceed from the concept of a synergetic approach to the improvement of legal mechanisms in relation to women’s rights: the implementation of international legal and legislative acts on gender rights should be complemented by the perception of women’s rights at all levels of state and society functioning, i. e. economic, political, social, cultural, domestic, etc. Women’s rights in the catalogue of human rights should be included in the natural matrix of legal awareness, both of men and women, as inalienable. Thus, the enshrined rights of women in the third Millennium should be objectified in social development in the strategy of gender equality, where the main emphasis will be not on the normative consolidation (which has already taken place), but on filling the gaps in the gender culture, social perception of women status, its significant role even in those areas of social life that have traditionally been considered “male”. However, this should not deprive women of preferential legal protection and guarantees of their rights. In this context, the authors see further improvement of the human rights catalogue in relation to women’s rights. The article is written using both general scientific and special methods of cognition: dialectical, historical, philosophical, comparative legal, formal legal, logical, analytical, as well as involving methods of legal modeling and synergistic analysis.

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The Genesis of a Permanent Tribunal: Quaestio perpetuae de repetundis

The Genesis of a Permanent Tribunal: Quaestio perpetuae de repetundis

Author(s): Mariusz Gwardecki / Language(s): English Issue: 1/2019

The aim of the paper is to present the judiciary in cases de repetundis in the period before the permanent court was established, including plebeian tribunals and “occasional” tribunals: quaestiones estraordinariae / quaestiones temporiae, as well as the collegium of recuperators. An important element is the evolution of the court proceedings and the emergence of new legislative efforts, as well as the influence of the emergence of new court models on the proceedings. The author will discuss the legal, social and political background of the development of legislation with regard to prosecuting the crimen repetundarum (crime of extortion) and outline the scale of the problem of extortion in the Roman Republic, as well as the related social conflicts.

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MÜMİNLER ARASINDA KARDEŞLİK HUKUKU

MÜMİNLER ARASINDA KARDEŞLİK HUKUKU

Author(s): Mustafa Akman / Language(s): Turkish Issue: 7/2020

The fraternity between muslims and the system of fair is quite important as we see in example of prophet (PBUH). And it is enough clear that we should rebuild this brotherhood in our society. Since, the single life style for this ages is so common and this way of life does not let them care rest of the society. However, when we have a look on Ummah geography, simply we observe that Muslims do not consider other ones in case of brotherhood. Even sometimes they distinguish them according to their race, group or sect and so on. Ceartinly, the basic solution of this kind of problems is considering saying of “muslims are brothers” as a guideline. Then, we are trying here to talk about its possibility and way, as we take some old texts bases for this issue. Thereby, it is significant to make the new generations feel importance of living in this society and its norms. Therefore, education becomes cruical here, especially religious education is more cruical in this case.

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EŞKIYALARIN MERKEZİ DEVLET VE FEODAL OTORİTELERLE İLİŞKİLERİ

EŞKIYALARIN MERKEZİ DEVLET VE FEODAL OTORİTELERLE İLİŞKİLERİ

Author(s): Murat Piçak,Mustafa Bulut,Şeyhmus Demir / Language(s): Turkish Issue: 7/2020

Banditry is a social phenomenon that begins from the first periods of history to the formation of civilized societies. Banditry is a phenomenon raised by powerless state structures. Economic and social laws become invalid in times when the central state power becomes weak for a variety of reasons; all kinds of injustice goes on. The collapse of the central state authority increases the persecution and injustice. Such adverse conditions cause the emergence of banditry, a form of insurrection and insurrection in society. The unfavourable behaves in the local government units also encourage banditry activities. Particularly where the rulers are from the local population and some complex local relations exist, the regions are most favorable for banditry. As long as these regions are socio-economically backward and far from the central authority and remain indifferent, feudal forces have a high capacity to direct the people and the influence of central state policies is low. In these precapitalist and territorial governed areas, permanent competition among the leading indigenous families of the region creates a natural demand for bandits and gives them a political importance. Therefore, the feudal authorities holding the local government, rather than having to compromise with the bandit; they benefit from it.

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