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THE IMPACT OF MORAL (PSYCHOLOGICAL) HARASSMENT AT WORK ON ROMANIAN WORKERS’ RIGHT TO DIGNITY AND INTEGRITY

Author(s): Radu Răzvan Popescu,Isabela Delia Popa / Language(s): English Issue: Supliment/2016

The paper aims to outline the severe implications of moral (psychological) harassment at work on Romanian workers and the extent to which such behaviour impacts human dignity, as the basis of human rights law. The study has as starting point the EU guidelines with respect to health and safety at work and further details on the Romanian legislation regulating psychological harassment at work, with a focus on the lack of sufficient regulation addressing this issue. The paper also includes a brief analysis on the legal means available to workers under the Romanian law to fight against moral harassment at work, with a view to outline the quantitative and qualitative aspects deriving from such. As a conclusion to the study undertook, the authors outline the main steps to be further taken, both in terms of legislation and good practices, to ensure a better approach of this issue and a proper reflection of the impact of moral (psychological) harassment at work on Romanian workers’ right to dignity and integrity.

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THE RIGHT TO EDUCATION – A SINE QUA NON CONDITION IN THE TRAINING OF RESPECT FOR THE LAW

Author(s): Elena Roxana Vişan / Language(s): English Issue: Supliment/2016

The reform of the Romanian education system introduced a number of educational policies and practices oriented toward the concern of human rights and of fundamental freedoms, achieving a concordance between the principles of a democratic society: pluralism, the rule of law and the separation of powers in the state and the representativeness. The evolution of the society based on values such as freedom, justice, equality, responsibility and tolerance can not be maintained only by the affirmation of the right to education perceived as solid foundation, consciously assumed by each and every individual. The right to education must be promoted and respected by correlating with the evolution of the legislative, economic, and social-political system, through put control to the relationship between the students, the judicial regulation and the labor market. Such an education provides equality of chances for a continuous, varied and of good quality learning, with an emphasis on the skills, the attitudes and the civic behavior reported to the community’s requirements. The purpose of education in the third millennium advocates the need for the transmission of the right to education by a culture in the spirit of the law, in which the judicial regulation is the epitome of the organization, the functioning of the rule of law, and also the guarantor of respect for fundamental human rights and freedoms.

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LEGAL PROTECTION OF REFUGEES IN PUBLIC INTERNATIONAL LAW

Author(s): Petru-Emanuel Zlătescu / Language(s): English Issue: Supliment/2016

This study aims to highlight the provisions of The Geneva Convention on the Refugee Status, which is determinant for defining the notion of refugee and the right to asylum as a fundamental right of the European Union. The special significance of the Charter in this field is reflected by the fact that it raises the right to asylum at the rank of a norm in EU primary law, since according to Article 6 of the Treaty regarding the European Union, the Charter ”has the same juridical value as that of the treaties”.

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HUMAN DIGNITY IN ROMANIAN LAW

Author(s): Elena-Mihaela Fodor / Language(s): English Issue: Supliment2/2017

Dignity is a concept that has evolved according to the moral and ethical requirements of a certain time and space, following the shifts of life of the community which sanctions it. It has come to signify the birth-given right of the individual to be valued by others and to be treated accordingly. Regarding the legal aspect of dignity, it is undisputed that it is one of the fundamental rights of the human being. It is no longer a question of whether one realizes or wastes dignity, because the law is made to protect this value no matter what the actual situation of one is in society. As according to the Romanian Constitution the international conventions ratified by Romania take precedence over national legislation, the same being valid for European Treaties and other mandatory community regulations, these international legal norms are included in the national legislation. Their legal force is equal to the force of the Constitution. The paper analyses the legal frame for protection of dignity in Romania through the international conventions protecting human rights that Romania has adhered to, its Constitution, the Civil code (Law No. 287/2009) and the Criminal code (Law No. 286/2009). Case law of the European Court of Human Rights, which enlarges the normative field by including in the interpretation of the European Convention of Human Rights other international acts, and of the European Court of Justice is presented. Although a very wide concept, human dignity is perceived in connection with other human rights in a common manner in the international community. Romanian legislation is in line with international norms, but not always correctly applied.

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THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Author(s): Radu Răzvan Popescu,Isabela Delia Popa / Language(s): English Issue: Supliment2/2017

The paper aims to outline that, despite the lack of specific regulation addressing the right to happiness at work under the Romanian legislation, there is an indissoluble connection between happiness, well-being and respect of human dignity that defines the working environment in Romania and employees’ productiveness at work, thus transposing happiness at work into a set of social values that need to benefit from proper legal protection. A recent study carried out in Romania reveals that happiness at work is not linked to low-paid jobs or poorly-equipped working environments, but mainly to the level of content of workers with respect to their person and to the opportunity to develop their career. What guarantees does the Romanian legislation offer to this extent?

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CONSIDERATIONS SUR LE STATUT DU PARQUET EN FRANCE. LA SUBORDINATION AU MINISTRE DE LA JUSTICE ET L’EQUITE DANS LE CONTEXTE INTERNATIONAL ET NATIONAL

Author(s): Monica Marcela Dinu Bakos / Language(s): French Issue: 01/2018

The article treats and analyses the statute of the Prosecutors in France and the conformity of the 5th article of the Organique Law ruling the statute of magistrates which reveals that : « The magistrates forming the Public Minister are placed under the control and under the direction of their superior chiefs and under the authority of the French Minister of Justice (…) », with the rule of law principle, with the 16th article of the French Declaration of human and citizens’ rights from 1789, guaranty of the independence of the judicial authority and with the 64th article of the French Constitution from 1958. The French Constitutional Council was seized on September 27th, 2017 to decide on the priority issue of constitutionality (QPC) raised in June 2017 concerning this issue by the Union syndicale des magistrats. It was also pointed out that these provisions disregard, for the same reason, the right to a fair trial and the rights of the defense in the criminal trial. The European Court of Human Rights has questioned the French penal system and not in a very favorable way for France by appreciating upon the statute of the Public Prosecutor. Nevertheless, France has chosen to justify its traditional structure regarding this matter of subordination because, in fact, it does not contravene the Constitution or the principle of the fairness of the criminal trial since, indeed, independence and the separation of powers (rule of law) exist and have always existed in the French penal system.

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LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Author(s): Dumitru Cazac / Language(s): English Issue: 02/2018

The Great Union of 1918 has represented a fundamental step in the foundation of the contemporary Romanian state, whereas for Bessarabia it was a chance to retake its direction of evolution towards the west. Unfortunately, the history has separated it once again in 1944, in order to become an independent state named the Republic of Moldova, after a soviet era. Unionist tendencies were registered on both sides of the Prut river ever since 1991, and have augmented in the last years due to the worsening economic situation. This paper aims to make a legal analysis on a possible unification of the Republic of Moldova with Romania, taking into account, particularly, the EU member statute of Romania and the existence of a separatist region – Transnistria, as well as an autonomous territorial unit – Gagauzia, on the territory of the Republic of Moldova.

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BRIEF CONSIDERATIONS ON THE INSTITUTION OF PENALTY IN THE CONSTITUTIONS OF EU MEMBER STATES

Author(s): Silviu-Gabriel Barbu,Vasile Coman / Language(s): English Issue: Supliment1/2019

The study aims to highlight the main norms regarding the institution of the punishment (penalty), as provided in the Constitutions of the Member States of the European Union, with reference to the constitutional articles, accompanied by brief clarifications where deemed necessary. The paper is preceded by a brief analysis of the corresponding institution in the Romanian Constitution, with reference to the relevant domestic legislation.

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CONSTITUTIONAL IDENTITY AND EUROPEAN MEMBERSHIP

Author(s): Ioniţa Cochinţu,Cristina Titirişcă / Language(s): English Issue: Supliment1/2019

Given the context in which Romania finds itself - on the one hand, a national, sovereign and independent, unitary and indivisible state and, on the other hand, its membership to certain international structures - for example to the United Nations, to the Council of Europe, to the European Union etc. - or Romania 's quality as a party to the Convention for the Protection of Human Rights and other international treaties - the natural question arises, where lies the boundary between the national sovereignty, which presupposes the right of the state to decide freely in its internal and external affairs and which has two components, namely the independence and the supremacy, and the fulfilment of some obligations deriving from the membership to the above-mentioned structures, a membership having the significance of a restriction of the powers of the state authority, a relativization of national sovereignty.

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EUROPEAN COMMONWEALTH ARMY – CHALLENGE FOR A PROPER EU REGULATION

Author(s): Carmen Adriana Domocoş / Language(s): English Issue: Supliment1/2019

Until ten years ago, the issue of peace and stability in Europe seemed clear, it was only sporadic and isolated topic the major security risks. As in recent years, however, Russia has become more aggressive, it is increasingly spoken in public space and diplomatic environments owing to a potential war in Europe, also taking into account the fluctuating position of the US Presidential Administration on NATO's involvement in defending military in Europe in general, and in Eastern Europe in particular. In reality, the European countries are divided into two categories: those who agree with the idea of a European Security Force, supporting the formation of a European Commonwealth Army and European military consolidation; and those who are skeptical about this idea, going to the point of rejecting it completely, bringing arguments about national sovereignty or inefficiency. At this level, executive military decisions are taken at a rapid pace and require full support from the legislature, which is why some countries are not yet ready to give the European Union the power of decision on its army. Regarding Romania, officials say that the European Security Force could meet the EU's global and security needs in those areas where it can do without hindering NATO's operation.

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EKOLOŠKI KRIMINALITET KAO KRIVIČNO DELO I PROBLEM NJEGOVOG SPREČAVANJA I SUZBIJANJA U REPUBLICI SRBIJI

Author(s): Ljubo Pejanović / Language(s): Bosnian,Croatian,Serbian Issue: 4/2013

Environmental crime is a relatively recent phenomenon in the contemporary world and it is a great danger to safety of people, other living beings and environmental resources that the planet Earth disposes of. The problems of prevention and control of environmental crime in the Republic of Serbia have existed and lasted for a very long period of time. This form of the criminal violence i.e. criminal offences in the recent history has become one of the most dangerous ever increasing and spreading forms of crime. However, this form of crime puts at risk and pollutes the environment through various forms of criminal offences. Legislation and legal regulations have not met the expected results since they have not completely stipulated this phenomenon, and hence the security authorities are not fully active. Besides being legally unsolved,this problem also occurs since the existing legislation is not observed, and the judicial and security authorities do not dispose of adequate mechanisms for prevention and control of this phenomenon.

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TRENDS REGARDING FINES AND SANCTIONS IN COMPETITION LAW, LABOR LAW AND DATA PROTECTION LAW

Author(s): Silviu-Gabriel Barbu,Alexandru Silviu Goga / Language(s): English Issue: Supliment2/2019

The reason on writing this paper is based on the fact that nowadays civil and administrative sanctions and fines have become huge from a financial standing point, making a significant issue on the matters of the constitutionality – the right to property. ECHR and the European Court of Justice also have talking points on this. The Romanian Courts and mostly judges form second tier courts such as Tribunals or Courts of Appeal have become more aware of the fines they are presented with to be cancelled or at least diminished and regard some of them to be exaggerated. The research has been done on the basis on European and national Romanian law and, also on the basis of cases presented in front of the courts and their outcome. The fines in competition law can be negotiated but are a percentage of your annual income, the ones regarding labor law for working without a contract are 10.000 lei per person (about 2100 euros) and the ones in data protection law are also based on a fix sum and a percentage. Thus the results with which we came up are amazing, regarding that some cases have been won, but most of the fines and sanctions remained in place, some companies even agreeing to pay in advance or asking for a payment plan without going to trial. In other cases we noticed that Romanian national law is more rigorous and at some times even more severe than that of other EU member states. In conclusion, there should be a more strict revision on fines and sanctions throughout the whole European legal system and to ensure a more transparent and equitable framework in which companies and even natural persons can be aware of the fines and sanctions and if they are not contrary to Constitutional and European Law.

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THE RIGHT TO GOOD ADMINISTRATION – IS THE CONSTITUTIONAL REGULATION NECESSARY?

Author(s): Oana Şaramet / Language(s): English Issue: Supliment2/2019

The constitutional revision from 2003 enriched the patrimony of the fundamental rights and freedoms of Romanian citizens with three such rights and freedoms: the right to a healthy environment, economic freedom and access to culture. More than 16 years after this revision, but also as a member state of the European Union, we consider as an opportunity and necessity, at the same time, a new revision of our fundamental law, a consistent one at this moment, which should take into consideration the consecration of other rights, even by designing the necessary constitutional framework for ensuring and respecting a good administration. Analysing the constitutional provisions of other states, as well as those of the European level, the relevant doctrine and jurisprudence, using research methods such as multidisciplinary, comparative, sociological, empirical or systemic, it will be possible for us to conclude that good administration is one of those indefinite or determinable legal concepts. Being such a concept it is necessary to identify elements that allow us to configure it, elements that we should find in a unitary text in an article of our fundamental law, and through which the right to good administration would be enshrined. Therefore, we appreciate that in a state where the public administration, exercising of its functions and attributions, also had delicate moments in ensuring a good and efficient administration, the consecration of the right to good administration, by exhaustively capturing, as far as possible, the elements the definers of the concept of good administration, is a natural consequence of the constitutional recognition of the rule of law.

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THE DEFENDANT’S RIGHT TO REMAIN SILENT AND NOT INCRIMINATE HIMSELF ACCORDING TO THE CRIMINAL PROCEDURE CODE. THE RESPECT OF THE PROVISIONS OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Author(s): Maria-Magdalena Bârsan / Language(s): English Issue: Supliment2/2019

A defendant's right to remain silent regarding the actions for which he is prosecuted and to not contribute to his own incrimination represent essential aspects of an equitable criminal procedure law. The article aims to discuss the extent to which the provisions of the Criminal Procedure Code are violated, as well as the provisions of the European Convention on Human Rights in this matter. Based on the right to remain silent and not incriminate oneself as regulated in article 6, the criminal investigators are prevented from obtaining evidence by defying the will of the culprit and not to testify against him. Each accused individual has the right to remain silent and not incriminate himself, although the provisions of article 6 of the European Convention on Human Rights does not expressly mention this right, it is acknowledged by international legal regulations which are found at the center of the concept of equitable trial. The Romanian legislator should take a closer look at the provisions of the Romanian procedural code that currently establish these procedural measures and corroborate them with those of the Romanian Constitution and those of the ECHR.

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The Rather Ambiguous Notion Of Justice Utilised By The European States

Author(s): Cătălin Constantinescu-Mărunțel / Language(s): English Issue: 02/2020

Jus est ars boni et aequi. When one thinks about the social phenomenon we now call the justice system, one will probably remember instantaneously this phrase. However, the concept has known hundreds of interpretations, bases on a proportionally larger number of values. These values have varied from society to society, from one age to another. If one excepts that such notions are constantly evolving, while preserving a rather solid core, than, in this day and age, one would expect to receive a clearer definition for the idea of justice, at least from the study of the modern schools of legal thought. The aim of this paper is to find the possible meanings that justice receives in today's European legal systems. It has been structured in three parts, meant to highlight and than harmonise the main plans of this research. The first section is dedicated to finding the main understandings of the notion of justice, as they are presented in the manuals of legal doctrine. The second section seeks the meanings of the same concept in the constitutional documents of 48 countries, pointing out the emerging patterns. The third and last section analysis the possible meanings of the notion if justice in the findings of the first two sections.

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SOFT LAW AND SOVEREIGNTY – FROM A POLITICAL TO A LEGAL LIMITATION

Author(s): Dragutin Avramović / Language(s): English Issue: 3-4/2021

Firstly, the author analyses the theory of sovereignty from the point of its birth and then he considers more recent theoretical challenges facing the notion of sovereignty in a globalised world. Particular attention is paid to soft law – that new, formally non-binding source of international law in the light of its factual influence on the desovereignisation of states. The author holds the position that the relativisation of the notion of sovereignty has been a process that began already in the 18th century and that has only additionally accelerated with new challenges posed by globalisation. The author argues for the only possible and proper use of the notion of sovereignty in its original meaning as an absolute, completely unlimited, and indivisible power. On the other hand, he takes a critical approach not only to the theory of constitutional pluralism but also to the ideas of the state’s legal sovereignty. He pleads for rejection of separating different aspects of sovereignty, artificially distinguishing between the factual and legal sovereignty, as well as the external and internal sovereignty. While theoretically possible, it is of no practical use because the notion of sovereignty can only be correctly understood as a political and legal illimitability. For all other various modalities and attempts at relativising and grading sovereignty, from the 18th century to this day, different terms should be coined. Being mindful of the situation in most of the present-day states, the author advocates the introduction of the term "pseudo-sovereignty".

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Principii moderne în organizarea aparatului administrativ în Moldova epocii regulamentare

Author(s): Maria Berceanu / Language(s): Romanian Issue: XLII/2013

The aim of this article is to present the context that led to the beginning of the modernization of the Moldavian Region's administration, the good intentions, especially those of General Kiselev, and the opposing attitude that a large part of the boyars had towards the radical change. Moreover, it emphasizes the new moderne principles inforced by law in order to improve the administration of the state. It shows the great efforts of the authorities to frame and apply the first constitutional laws on January the 1 st 1832, but also some other numerous law regulations from 1832-1858 (the reglementary era), regarding the recruitment conditions as well as the specific tasks for each state functionary.

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Prawo w czasie pandemii COVID-19: analiza wybranych kwestii społeczno-prawnych

Author(s): Jakub Bandoch,Marcin Drewek / Language(s): Polish Issue: 1/2022

The aim of this paper is to present a catalog of the most significant socio-legal consequences that were caused by the COVID-19 pandemic. The considerations are based on the first comprehensive publication in the field of legal science: "Law in the Time of COVID-19". It aptly assumes that, in principle, the impact of the pandemic on society and legal regulations is perceivable on three basic levels: human rights, public law and private law. This article analyzes the most relevant legal issues, including in particular the protection of the right to privacy, election law, social welfare, as well as principal contractual clauses provided in order to secure commercial contracts against the impact of COVID-19. In conclusion of the considerations, it should be indicated that while the solutions introduced in various legal systems aimed at counteracting the impact of the pandemic generally fulfilled their role, but at the same caused negative legal consequences, which shall swiftly be removed.

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ШТРИХИ К ПОРТРЕТУ ЖЕНСКОГО ДВИЖЕНИЯ В США

Author(s): Nadezhda Aleksandrovna Shvedova / Language(s): Russian Issue: 4/2021

2020 marks the 100th anniversary of the 19th Amendment to the U.S. Constitution, which was passed by the country’s highest legislative body on June 4, 1919, and ratified on August 18, 1920. It gave American women the right to vote at the federal level, by law guaranteeing them this right. American society and state have had a long way to reach this milestone: behind a difficult struggle that required decades of agitation and protest. The credit for the victory undoubtedly belongs primarily to American women, several generations of whom, beginning in the 1800s, have nominated women supporters of the right to vote from among their ranks. In 1848 “The Movement for Women’s Rights” began to organize itself at the national level. Currently American women are facing a global pandemic, the loss of millions of jobs, destruction a decade of growth in women’s employment in the workforce. The developed women’s movement in the United States, which has historical roots and has accumulated and absorbed the best traditions of its predecessor, influences the formation of social reality and its changes in the context of gender equality in the country.

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Narodowy Chrześcijański Klub Robotniczy – działalność i myśl polityczna w Sejmie Ustawodawczym

Author(s): Jarosław Rabiński / Language(s): Polish Issue: 2/2021

The text shows the activity of the representation of the Christian Democratic in the Legislative Sejm of the Second Republic of Poland. It presents the composition of the Christian National Workers’ Club, its authorities and the dynamics of changes in the size of its membership. An analysis is made of Christian Democratic political thought, reconstructed based on the first programme of the Christian National Labour Party of 1920 and an analysis of the activity of Christian Democratic deputies in the plenary forum of the Legislative Sejm (here, the primary basis for sources were transcripts of sessions of the Legislative Sejm). The output of the Christian Democratic political thought was presented in regard to the following issues: the position of religion in public life, the role of education, the social question (especially the workers’ question), the political system (especially the contribution of the Christian Democrats to the work on the March Constitution of 1921) and policy. The analysis enabled reconstruction of the fundamental elements of Christian Democratic political thought, above all, their appreciation for a specific axiological system, and demonstrates the consistency of programmatic assumptions with legislative initiatives taken in parliament.

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