"NASCITURUS PRO IAM NATO HABETUR QUOTIENS DE COMMODIS EIUS AGITUR". РИМСКОТО ПРАВИЛО И СЪВРЕМЕННОТО МУ ПРИЛОЖЕНИЕ

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian / Issue: 2/2017

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

#15 Transportation, Smuggling and Organized Crime

Author(s): Tihomir Bezlov,Philip Gounev,Emil Tzenkov,Petkan Iliev / Language(s): English / Publication Year: 2004

The report analyses the participation of transportation companies in smuggling practices, more specifically: • it examines and describes a range of companies and individuals involved in organized crime groups whose main business is the trafficking of consumer goods. • it also gives and overview of the criminal and semi-legal networks involved in smuggling Chinese and Turkish goods. • it presents new data on oil and oil products smuggling. • it examines the role of duty-free shops and their involvement in illicit cigarettes imports.

(Ni)kakav osvrt? Period 1933-1945. iz ugla jednog notara

Author(s): Oliver Vossius / Language(s): Serbian / Issue: 3-4/2016

Author puts forth view that after 1945. the Third Reich became a topic to be reviewed not merely by historians. In the 1960’s lawyers also begin to analyse their own past. Professor Ilse Staff (born in 1928) is at the forefront of this movement. Her book „Judiciary in the Third Reich: A Documentation“, published in 1964, encouraged numerous German lawyers to face the evils of country’s authoritarian past. In his text, Vossius presents results of years of analysing the abuse of German law during Nazi rule. One of the main topics of his research is the role of notaries in the forced appropriation of property from the Jews. He closes his presentation in the following way: „We probably owe gratituted to total defeat of 1945 and the subsequent regime of occupation zones for being at all able to discuss this topic in Germany today. After the initial hesitation, this still lead to the regaining of conscience. I don’t know if world will necessary become a better place in this manner. Fritz Bauer once said „We cannot make Heaven on Earth, but each one of us is capable of contributing to making it Hell“. In this regard, casting a look backwards seems a better option than to overlook or repress such a problem“.

120 THE WORKPLACE APPRENTICESHIP CONTRACT FOR EMPLOYMENT IN COMPARATIVE LAW; REGULATION OF SPANISH LAW

Author(s): Lacraru Anca / Language(s): English / Issue: 02 (43)/2019

With the 2011 and 2012 legislative reforms in Spain, the subject of thetraining and learning contract has changed, meaning that the professional qualification ofemployees is made under a regime of alternation of paid work in an enterprise withvocational training received under the vocational training system employment or within theeducation system. Consequently, the traditional concept of the training and learning contracthas been overcome, allowing, on the one hand, the provision of an accredited professionalqualification to all those young people who do not have it; and, on the other hand, to providethe employee simultaneously with effective work in a company directly related to the traininghe/she receives, which will favour a better link between work and learning at the workplace.Thus, with the introduction of this amendment to the contract, a legal construction existingunder the German rule of law was included in the Spanish rule of law, this being the dualtraining system, which is characterized by the duality of vocational training, in the sense thatit is carried out in two different learning places, on the one hand, in vocational schools whereabout a quarter of the learning time takes place and, on the other hand, in the companywhere it develops, about three quarters of the school year. That is why we will analyse thelegal status of the training and learning contract in Spain and the peculiarities of thiscontract.

15 Years of Walking but How Many Steps? Transitional Justice and the Role of the Print Media in Bosnia and Herzegovina

Author(s): Stela Nenova / Language(s): English / Issue: 1/2010

Despite 15 years of major domestic and international peacekeeping and stabilization efforts, there are still major obstacles to state building in BiH. One of the clear signs of the internal divisions and tensions has been the recent alarming trend of efforts to curtail the development of free and independent media in the country to support the process of reconciliation with the past and the growth of a strong civil society. What has been the role of the media in BiH in the process of transitional justice? Have the print media encouraged a constructive social dialogue about the past or they have contributed to further divisions among BiH citizens? This paper looks at the role of print media in the process of transitional justice in BiH. The study investigates the role of the media as a unifying or dividing factor in the process of transition in Bosnia and Herzegovina. The paper then looks more in depth into the case of BiH and the print media‘s role for transitional justice‘s successes and failures so far. It argues that the print media have had a more negative impact on the processes of transitional justice in BiH because of the persistent nationalistic rhetoric creating a divided image of Bosnian society.

25 Jahre UN-Tribunal für Jugoslawien

Ein Gespräch über friedensstiftende Justiz

Author(s): Wolfgang Schomburg / Language(s): German / Issue: 02/2018

The International Criminal Tribunal for the former Yugoslavia (ICTY) has been part of numerous debates and misunderstandings since its creation 25 years ago. An interdisciplinary and intergenerational conversation with the first German UN judge in criminal matters, Wolfgang Schomburg, who worked at the ICTY between 2001 and 2008, addresses the challenges, merits and legacy of this first transnational court after Nuremberg and Tokyo.The insider-perspective of a decision maker, eyewitness and internationally renowned Scholar of international criminal law meets the questions of historiography and political science, researching post-war societies and coming to terms with the past, thus enabling new perspectives beyond politicized debates. Discussing international norms of substantive criminal law, rulesof procedure and evidence, victim protection, acquittals of alleged perpetrators, outreach and the future of international criminal law, the authors try to approach the interdisciplinary question how justice and truth finding endeavors can contribute to peace.

25 Years of ICTY and Facing the Past in Serbia and the Region

Author(s): Sonja Biserko / Language(s): English / Issue: 02/2018

The article addresses the impact of the International Criminal Tribunal of the former Yugoslavia (ICTY) on the region, with the main focus put on Serbia. Although the Tribunal established the facts about crimes committed – executioners were identified, some of the key political, military and police inciters and perpetrators have been put on trial and sentenced – Serbian society is still in deep denial. The ICTY was not equipped with mechanisms that would have made Serbia (and other countries in the region as well) duty-bound to deal with its legacies. Serbian elites were not able to refrain from Milošević’s project because they were largely par tof it as well. Instead, elites are engaged in discrediting the Tribunal’s legacy and revision of history of the recent past, including the 20th century. History is perceived only from the victim’s view point which blocks a serious debate about the past. Although new avenues have been opened to Serbia – towards accession to the EU – Serbian nationalism has not been defeated yet. Without objectified political and social context andwithout explaining the role Serbian elites have played, Serbia’s aspirations will be hampering regional development. The EU in its relations with Serbia should focus on a radical change of Serbia’s value system.

A FEW CONSIDERATIONS ON THE USE OF INTERNET IN RELATION TO TERRORIST ACTS

Author(s): Adrian Cristian Moise / Language(s): English / Issue: III/2015

Terrorist attacks committed in the cyberspace represent a category of offences in the cyberspace, which refer to the abuses committed on the information and communication technology, this phenomenon being known also as cyberterrorism. In this study are analysed the most important legal instruments at European level in the field of prevention and combating terrorism: Council of Europe Convention on the Prevention of Terrorism and the Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism which has been amended by the Council Framework Decision 2008/919/JHA of 28 November 2008. In relation to the express regulation of the use of Internet in relation to terrorist acts, here are presented the best examples within the two regulation areas existent at present in the literature: computer-related terrorist attacks and illegal content. Moreover, in this study is analysed from the point of view of Social Learning Theory the way in which Internet network is used to develop terrorist activities.

ABOUT THE TIME OF FORCED EXECUTION

Author(s): Mateescu Emilia / Language(s): English / Issue: 2/2019

Forced execution represents an area that can give rise to controversy even in the most unequivocal legal rules.The time of forced execution is an element of validity of the acts of forced execution.Presumed to exist as a condition of validity, the time of forced execution is in fact a variable element that needs to be analysed.The time of forced execution dealt with in the paper refers to the days and the time frame in which the forced execution can be performed.

ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

Author(s): Gamurari Loredana / Language(s): English / Issue: 2/2018

Since 1999, the accountability for human rights violations committed in Kosovo during and after the war was addressed by ICTY, UNMIK and EULEX. However, a whole set of crimes committed in the aftermath of the war were not properly addressed. The research aims to understand whether international judicial mechanisms intervening in Kosovo until today, successfully planted the seeds for the blooming of post-conflict justice. The paper adopts a qualitative approach, including analyses of cases, reports and interviews. The findings show that both international and local actors in many cases could not ensure justice for war crimes committed in the country, which brought to the conceiving of the Specialist Chambers, an extraterritorial court with no local personnel, but under Kosovo national legislation. The paper focuses on previous experiences to understand if the lessons have been learnt, showing the challenges that the new Specialist Chambers will have to overcome to bring justice.

Accommodating Social Justice into Transitional Justice Mechanisms. The Case of Northern Uganda

Author(s): Andreea Cristina Nowak / Language(s): English / Issue: 1/2010

This article advances the idea that post-conflict societies encounter a twofold challenge in the transitional context; the first challenge is the past – how to heal the wounds, whilst the second challenge is to look forward and provide solutions for a sustainable future, where human rights are promoted and respected. I argue that the complex legal, political, economic and social situation in northern Uganda requires the reconciliation between past, present and future, by merging transitional justice (pastoriented) with economic and social justice (future-oriented), so as to meet the victims‘ needs and in the same time secure a stable transitional regime. The first section of the article will deal with the interplay between conflict and poverty in Uganda and the governmental measures taken in this regard. The following two sections will briefly examine the various transitional justice mechanisms employed here as well as the unfortunate situation relating to socio-economic rights. Based on the arguments advanced in the previous sections, the final part outlines some measures to accommodate economic and social rights within transitional justice mechanisms, suggesting that the later must be part of a broader set of policies for socioeconomic development and reconciliation.

ADMINISTRAREA JUSTITIEI SI APLICAREA SANCTIUNILOR JURIDICE IN DREPTUL ROMANESC IN PERIOADA APLICĂRII DREPTULUI DREPTULUI CUTUMIAR ŞI A OBICEIURILOR JURIDICE

Author(s): Andreea Cîrciumaru / Language(s): Romanian / Issue: 1/2018

Regarding the periodization of the history of the ancient Romanian law, in the doctrine three major periods are identified: the period of unwritten or consuetudinary law (the custom of the earth), characterized by the application of the norms and legal norms - XVI; the period of feudal written laws, first in the Slavonic language - sec. XVI, and then in Romanian - sec. XVII; the period called "reformative", which lasts, roughly, from the second half of the century. XVIII to the second half of the century. XIX, characterized by the introduction of the principle of humanism and the free administration of evidence in court.

ADMINISTRATIVE CONTENTIOUS. SOME JURISPRUDENTIAL LANDMARKS REGARDING THE PRIOR COMPLAINT

Author(s): titirisca cristina / Language(s): English / Issue: 1/2018

According to Law no. 554/2004 on the administrative contentious, assubsequently amended and supplemented, the procedure for settling claims inadministrative litigation starts with a preliminary procedure, under which a personinjured in a right or a legitimate interest by a unilateral administrative act requests theissuing public authority or the higher authority, if any, to revoke the act in whole or inpart. The present paper does not aim to deal with this issue exhaustively, but to presentsome details resulting from the practice of the courts and of the Constitutional Court.

Administrative Courts and Judicial Comparativism in Central and Eastern Europe

Author(s): Joanna Krzemińska-Vamvaka / Language(s): English / Publication Year: 0

Administrative Simplification The Case of Hungary

Author(s): Ádám Rixer / Language(s): English / Issue: 1/2015

Simplification is a principle to be interpreted within quality legislation, which is important not only for the European countries, but it has been a priority also for the EU in the last decade. This paper tends to make a catalogue of the simplification measures taken by the government in Hungary in the last few years. It concentrates on rationalization programmes that expressively undertake simplification elements, e.g. the Magyary Zoltán Public Administrative Development Programme in 2010 and the ‘State Reform II’ programme in 2014. The paper – beyond a taxation of administrative fields involved within these simplification processes – introduces the most frequent methods and legal tools, as well. Moreover, it draws attention to those measures that were successful (integration, accessibility of administrative bodies) and that were not (e.g. linguistic simplification).

Alegerea sistemelor de guvernare în democraţiile postcomuniste din Centrul şi Sud-Estul Europei

Author(s): Bogdan Dima / Language(s): Romanian / Issue: 1/2015

This comparative constitutional history study attempts to explain the main political reasons which led to a specific constitutional-design choice regarding the systems of government in former post-communist states of Central and South-Eastern Europe, currently EU and NATO members (Bulgaria, Croatia, Czech Republic, Hungary, Romania, Poland, Slovakia and Slovenia).

Alternativni modeli pravde – prakse pravde u zajednici

Author(s): / Language(s): Serbian / Publication Year: 2012

Mala čitanka za feministički diskusioni kružok „Alternativni modeli pravde – prakse pravde u zajednici” je napravljena radi vidljivosti nekih neinstitucionalnih pravnih praksi, kao i onih praksi koje su kreirale žene za žene. Iskustvo je pokazalo da institucionalni pravni sistem često nije na strani žrtava, da ne zadovoljava pravdu, niti na međunarodnom, a još ma nje na nacionalnom nivou. Zato ovim feminističkim diskusionim kružokom nastavljamo sa praksom upoznavanja sa međunarodnim iskustvima drugačijih modela pravde – narodni sudovi, inicijative aktivističkih organizacija, posebno ženske grupe i mreže. Istovremeno, cilj nam je da podstaknemo zajedničko stvaranja modela pravde u skladu sa potrebama žrtava/preživelih.

AMNISTIE ȘI PEDEAPSĂ ÎN CONTEXTUL JUSTIȚIEI TRANZITORII ȘI A RECONCILIERII UNEI SOCIETĂȚI POST-CONFLICT

Author(s): Vitalie Gamurari / Language(s): Romanian / Issue: 1/2020

Amnesty and punishment are two important institutions of transitional justice. Discussions on the application of one or the other are quite common, each part having its arguments. One thing we can state for sure – prioritizing only an institution, it will certainly lead to transitional justice promoted by touching objects – a company post-conflict reconciliation is impossible, this process is a complex one, in which an important role belongs non-legal rules. However, transitional justice trying to find that common ground, that would satisfy society in integrum.

AMNISTIE ȘI PEDEAPSĂ ÎN CONTEXTUL JUSTIȚIEI TRANZITORII ȘI A RECONCILIERII UNEI SOCIETĂȚI POST-CONFLICT

Author(s): Vitalie Gamurari / Language(s): Romanian / Issue: 1/2019

Amnesty and punishment are two important institutions of transitional justice. Discussions on the application of one or the other are quite common, each part having its arguments. One thing we can state for sure – prioritizing only an institution, it will certainly lead to transitional justice promoted by touching objects – a company post-conflict reconciliation is impossible, this process is a complex one, in which an important role belongs non-legal rules. However, transitional justice trying to find that common ground, that would satisfy society in integrum.

Analele Universității București – Seria Drept (AUB)

Frequency: 1 issues / Country: Romania

In March 1939 issue no.1 of the Bucharest Law School Annals (the then name of the journal) was published as a series of quaterly booklets presenting the results of the scientific research conducted by the academics and the students, as well as reports on the most important events in the then legal and scientific environment. The publication aimed at creating and maintaining a “scientific movement useful to progress”. That aim has been preserved to the day, so the current “Bucharest University Annals – Law Series” (AUBD) publishes studies and research papers written by the academic staff and also by colleagues from other universities at home and abroad, young researchers, students and PhD students as well as information on legal topical isues, events organized by the Law School and the students’ results in international compatitions.

After a long period of time, the past 1948 period, when only a yearly issue was published, the journal resumed its quaterly publication in 2000. The members of the Scientific Board are well-known representatives of the European legal world. As of 2006, the papers published in our journal have been accompanied by abstracts in French and English, and, as of 2009 each article has been accompanied by a technical section including abstracts and key words to facilitate thematic search. Moreover, the contents of the journal, the abstracts and the key words are available on the journal website: drept.unibuc.ro/aubd.

As most of the articles are published in English, French, German or Italian, our journal is currently exchanged with almost 100 libraries and universities abroad.