Table of Contents
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1. CYBERSECURITY AND CYBERCRIME: CHALLENGES OF AN INVISIBLE SPACE➤Abstract:The cyberspace is the new environment where a significant part of our social interconnections take place. To say that the future belongs to virtual space it's not a figure of speech at all. Consequently, the modern security concept includes a cybersecurity dimension. The cyberspace comes into our lives with a lot of advantages, but also with numerous vulnerabilities. The policy makers and the legislative systems around the world reacted with a sufficient delay to the rapid developments in the cyberspace, and still the reality online is one step ahead of the society’s reaction. Similarly, to the relationships performed in the physical space, the relationships taking place in the cyberspace have to be organized through legal rules with the goal of ensuring a safe juridical life for each participant to this virtual legal circuit. The transition from traditional laws to ones addressed to virtual space is challenging for all the actors involved in this process, from international community, states, experts, legislators, administrative authorities and judicial institutions to corporations and individuals. The main threat is represented by cybercrimes. The cybersecurity and the law behind it, together with all the regulations having as goal to prohibit and sanction the criminal behaviour committed in the cyberspace are strongly interrelated. The aim of our study is to analyse the legal regime of preventing and combating cybercrime and the legal aspects of cybersecurity, to examine the level of protection ensured through current laws and to propose improvements to the existing legislative framework.
Keywords: cybersecurity, cybercrime, the Network and Information Security (NIS) Directive digital age, law.
JEL Classification:K10
Page 5 - PhD. Cristina Elena POPA (TACHE)
2. OVERVIEW OF THE PURPOSE OF INTERNATIONAL BANKING AGREEMENTS➤Abstract:The modern challenges of the banking and financial field have accentuated the rise of cross-border financial transactions. Specific developments in domestic financial markets, and in particular technological progress, have led to the need for international agreements on how international financial and banking activities should be conducted. For such agreements between states, however, there is a long way to go between accepting, initialing, acceding and ratifying the entry into force of a treaty. They range in scope from private cooperation agreements to international treaties signed by sovereign nations, which include clauses on dispute settlement mechanisms as well as conditions of execution. A modern category of such treaties includes clauses that regulate in a certain way certain aspects of the financial-banking field in close connection with international investments, such as the clause that includes the standards of the transfer of funds from the investment treaties. The research methods used for this study are comparative and quantitative, with specific advice to identify the most appropriate scientific solution, converging from the Kapstein approach (1994 - "international cooperation based on home country control") to modern approaches created by the emergence of new ones. financial-banking centers and from protection against economic crises.
Keywords:banks, treaties, financial-banking institutions, international investments, protection standards.
JEL Classification:E50, G21, G24, K33
Page 11 - Legal adviser Cornelia VLADU
3. BRIEF CONSIDERATIONS ON COMPLIANCE WITH THE PINCIPLE OF FINDING THE TRUTH IN CRIMINAL CASES➤Abstract:Prior of being a legal category, truth is a philosophical one; throughout the time philosophers have emphasized the objective character of truth that does not depend on the will of man and humanity in general. The doctrine has appreciated that no matter how the objective truth was perceived, the notion must be understood and resolved only by finding that it represents a fair reflection of the objects and phenomena of nature and society. In the Romanian procedural system in order for the justice to be able to achieve its purpose directly or indirectly, it must know the real truth that emerges from the reality of the facts and not from the fictitious evaluation; in other words, it must know the material truth and not the fictive one at all. The courts have the obligation to ensure the truth is found, and for this purpose they must verify the evidence gathered by the criminal investigation authorities in order to establish the truth, even if the defendant admits the charges, and the prosecutor has stated that he has no evidence to solicit.
Keywords: principles, finding out the truth, forensics, legality, identity, material truth.
JEL Classification:K14
Page 16 - PhD. student Denise Cătălina MARTALOG
4. A POINT OF VIEW ON THE DIVISION OF PROPERTY IN THE CATEGORY OF FURNITURE AND HOUSEHOLD ITEMS AFFECTED BY THE COMMON USE OF THE SPOUSES - SPECIAL RIGHT OF LEGAL INHERITANCE OF THE SURVIVING SPOUSE➤Abstract:This study aims to capture issues related to the surviving spouse's special right of inheritance over furniture and household items affected by the common use of the spouses. The origin of the subject is art. 974 Civil Code, which establishes, under certain conditions, a special right of inheritance in favor of the surviving spouse over furniture and household objects affected by the common use of the spouses. Although the existence of this right dates back more than six decades, the provisions of the Civil Code, as we will see in the analysis we have undertaken, are not able to provide a solution for all practical situations, which fall under its scope. In this regard, we sought to, by interpreting the relevant provisions, provide a coherent solution for the equitable distribution of goods belonging to the analyzed category. In the elaboration of the study, we will highlight the following: general aspects, granting conditions, legal nature, the way of dividing furniture and household items affected by the common use of spouses, conclusions.
Keywords: surviving spouse, furniture, household items, method of division.
JEL Classification:K32
Page 30 - Associate professor Erjona BANA (CANAJ)
5. THE RIGHT OF FAMILY REUNIFICATION IN ALBANIA➤Abstract:Family reunification has been one of the main reasons for immigration into the EU for the past twenty years. It is an entry channel enabling those who already reside legally in a Member State to be joined by their family members. This study is focused on family reunion in Albania. The aim of this paper is to analyse if EU rules and in particular the Directive 2003/86/EC on family reunification and Directive 2004/38/EC on free movement of persons in the EU have been implemented correctly. The Directive 2003/86/EC on family reunification establishes common rules for exercising the right to family reunification in EU Member States. This Directive has been implemented in Albania. Albanian legislation seems to be conformed EU standards. It determines the conditions under which family reunification is granted, establishes procedural guarantees and provides rights for the family members concerned. However, we will analyse the conditions before allowing family reunification such as economic criteria, adequate accommodation, the waiting period, integration measures etc. The legal framework, which deals with family reunification in Albania, is composed of the Constitution of the Republic of Albania, Law no. 108 dated 28.03.2013 "On foreigners" and Law no. 10 dated 01.02.2021 "On Asylum in the Republic of Albania". This research paper provides an overview of rules and procedures for the family reunification of foreigners in the Republic of Albania. This paper also highlights some of the challenges in the application, interpretation and development of family reunification rules currently present in the Republic of Albania.
Keywords: the right of family reunification, conditions, implementation, Directive 2003/86/EC, Law no. 108/2013 on foreigners, Law no. 10/2021 on Asylum in the Republic of Albania, legal procedures, etc.
JEL Classification:K36
Page 39 -
Associate professor Ioana Nely MILITARU
6. A BRIEF LOOK AT THE BUDGETARY PROCEDURE IN THE EUROPEAN UNION AND THE RECOVERY PLAN FOR EUROPE➤Abstract:The adoption of the budget of the European Union is carried out through a special legislative procedure. This is a version of the regular procedure, which is specially adapted to the particular characteristics of the budgetary process. The budgetary function in the European Union is exercised by the Council together with the European Parliament. The two institutions have equal powers in the budgetary procedure, following the Treaty of Lisbon (signed in 2007). Budgetary powers involve the determination of the total amount and distribution of the annual expenditure of the European Union as well as the revenue needed to cover it. The EU's long-term budget and NextGenerationEU (NGEU - the temporary instrument designed to stimulate recovery) will form the largest incentive package ever funded in Europe.
Keywords: European Union, budget, special legislative procedure, budgetary procedure, expenditure, revenue, Recovery Plan for Europe.
JEL Classification:K33
Page 50 - Lecturer Simona GUȚIU
7. NEW RESTRICTIONS THAT MAY IMPACT THE DEVELOPMENT OF THE RENEWABLE ENERGY PROJECTS➤Abstract:It is notorious that the new subventions from which will benefit also Romania (PNNR)2 triggered a significant interest for the investor who intend to invest in this renewable energy field. One of the important milestones of such project is securing the land. In the previous periods during which similar investments have been done, the acquisition of such land was a feasible economic business model for the investors. This meanly due the low price of the agricultural land located outside the buildable areas in Romania. Meanwhile, this business model seems to be quite difficult to be replicated again due to some new legislative amendments enacted by Romania. On one side, these make such acquisition of such land very complicated and, on the other side, the procedure takes very long time and it does not give any guarantee at its end, mainly due to the risk of competing with the other legal preemptors. An alternative solution would be to find other legal means to secure the target land. The present article presents the details of the preemption procedure provided under Law 17/2014 on the regulations regarding the sale and purchase of agricultural land outside buildable areas and for the amendment of Law No. 268/2001 on the privatisation of companies administering the State's publicly and privately owned agricultural land and for the creation of the Agency for the State's Domain ("Law 17").
Keywords: renewable energy projects, farmland, pre-emptors, pre-emption right, agricultural real estate market.
JEL Classification:K33
Page 56 - Assistant professor Diana Geanina IONAȘ
8. THEORETICAL AND PRACTICAL ISSUES IN REGARD TO THE LIQUIDATION OF THE MATRIMONIAL REGIME OF COMMUNITY OF GOODS➤Abstract:Liquidation is that certain legal operation which ends the community of goods that arises by marriage through the separation of the spouses’ goods. During this operation, the parties agree upon the mass of common goods, determine the common debt and establish each parties’ contribution to the purchase of common goods and contracting common debt. This operation is mandatory and can be achieved through the courts of law or by the public notary. The advantages of liquidation by mutual agreement are obvious and pertain to saving time, money and effort. This material represents an extensive study on the character, means of operation of liquidation, by discussing both theoretical aspects, as well as practical aspects which pertain to the act of liquidation.
Keywords: Covid EU digital certificate, gateway, reference solutions, QR code.
JEL Classification:K33, K34
Page 61 - Associate professor Marieta SAFTA
9. THE ROLE OF THE VENICE COMMISSION IN SHAPING EUROPEAN CONSTITUTIONALISM➤Abstract:The recent turmoil in the European constitutional space, caused by some decisions of the constitutional courts and the CJEU that have brought up again the juxtaposition of the final authority conflicting claims between these courts, and with it the debate over supremacy versus EU law, with all its consequences hence, they determined us to turn our attention to an institutional actor that influences, more or less visibly, constitutionalism in the EU, and which must also be included in the equation of these events: the Venice Commission. In this light, the study presents the landmarks of the emergence, development, increasing influence of the Venice Commission in the European space and the real ways in which it has exercised and still exercises a strong influence on the constitutional development and standardization of law in this space.
Keywords: European constitutionalism, Venice Commission, European Union, CJEU, constitutional courts.
JEL Classification:K33, K34
Page 71 - Associate professor Andreea Elena MATIC; Lecturer Ștefania Cristina MIRICĂ
10. SPECIFIC DEONTOLOGICAL RULES APPLICABLE FOR THE PUBLIC MANAGER IN THE CONTEMPORARY ROMANIAN SOCIETY➤Abstract:The public manager is a civil servant with special status and attributions, whose specific duties imply carrying out the reforms in public administration, adapting the activity of Romanian institutions to the specific and standards of European Union institutions and ensuring the smooth running and the efficiency of public authorities and/or institutions. In the present paper we aim to analyze the institution of public manager mostly from the perspective of the applicable deontological rules. We will also refer to the particularities of the current period due to the COVID-19 pandemic and the measures that need to be taken in each institution, both to ensure the efficient carrying out of the specific activities and also to ensure the health protection for the civil servants and the beneficiaries of the public services. In order to achieve our purpose, we will analyze both the legal frame specific to public managers in several public institutions (such as hospitals, public libraries, universities) as well as the special legal norms established to prevent or restrict the spread of the pandemic, one of the most recent being the Decision no. 94 of 25th October 2021.
Keywords: public manager, democracy, ethics, public institution, law, right to health, right to opinion.
JEL Classification:H83, K10, K23
Page 80 - Assistant professor Monica Florentina POPA
11. LAW, ECONOMY AND IDEOLOGY IN THE WESTERN DEMOCRACIES TODAY: A TYPICAL CARROT AND STICK INTERACTION➤Abstract:The official anti-Covid-19 policies and the backlash they sparked from a substantial portion of the population in both the EU and USA might be seen as part of a long series of events which highlight a growing polarization amongst the citizens of the Western democracies today, along ideological fault lines, regarding the extent of the executive powers, the individual freedoms versus the common good, the environmental protection versus the economic realities etc. In part, this polarization arises, in our opinion, from the unbalanced relationship between ideology, economy and law. The present paper endeavours to examine some facets of this relationship, presenting the current tensions between ideology, on one hand, and law and economy, on the other, as an example of a typical carrot and stick approach, which relegates the law to an ancillary, strictly technical role. To this purpose, several cases will be considered, such as the European Green Deal, the immigration (a common and hotly debated topic in the EU and USA today) and the anti-Covid vaccination policies. We will attempt to show that, far from being a mere avatar of a “stick” within the framework of the Western democracies, the law could and should offer solutions to the pervasive divisiveness in our society, by re-evaluating concepts such as sovereignty and democratic representation, and in doing so, acting as a social glue, where economic incentives or ideological tenets are bound to fail.
Keywords: sovereignty, government powers, immigration, The European Green Deal, economy, vax mandate, anti-Covid-19 vaccination policy, UE regulations.
JEL Classification:K10, K20
Page 88 - Professor Kola O. ODEKU
12. CLIMATE INJUSTICES DUE TO THE UNEQUAL AND DISPROPORTIONATE IMPACTS OF CLIMATE CHANGE➤Abstract:Climate change is ravaging the whole world, but the poor vulnerable developing countries are the hardest hit even though they are not primarily responsible for the massive greenhouse gases emissions causing global warming and climate change. This is tantamount to climate injustice as they are being impacted severely and have limited capacity to mitigate or adapt to the changing climate. Consequently, there is a need to share the burdens of climate change equally and equitably without discrimination. This paper submits that the developed industrialized rich countries are primarily responsible for climate change due to their massive emissions of greenhouse gases because of their industrial activities. Of note, most of the equipment and machineries used for production and other activities in these countries, utilized fossil fuel and emit greenhouse gases in the process. As such, justice demands that they have to be responsible for providing adaptation and mitigation measures to the developed countries through the mechanisms provided and set out in all international law instruments and agreements reached at the various Conferences of the Parties (COPs). A proportion of the monies and revenue received from the activities resulting in the emission of greenhouse gases are to be allocated to developing countries for adaptation and mitigation of climate change for them to be able to have clean environment, wellbeing, and sustainable livelihood. More importantly, it is imperative to transit to zero emissions globally this can be made possible using renewable energy as an alternative to fossil fuel. The international communities should therefore improve their strategies and effectiveness regarding the implementation of all the treaty agreements on zero-emission to attain climate justice for all.
Keywords: global warming, climate change, greenhouse gases, climate justice, earth, sustainability.
JEL Classification:K30, K33, K38
Page 103 - PhD. student Elena Mădălina PAŞCALĂU
13. THE COMPETENCES OF PUBLIC ENVIRONMENTAL PROTECTION AUTHORITIES IN CASE OF NATURAL DISASTERS➤Abstract:Given that in recent years extreme weather phenomena, increasingly frequent, increased seismic activity and the COVID-19 pandemic, have had disastrous effects on Europe, we considered it necessary to develop an analysis of how the national disaster management system and its components manage, in real time, a crisis situation. In the content of this article, we highlighted the main normative acts that regulate the environmental protection activity at national level, we proceeded to a brief classification of the types of disasters specific to our country, we detailed the functioning of the National Emergency Management System and we presented the attributions of the central public institutions with a pivotal role in the field of environmental protection in case of natural disasters. In order to write this analysis, we used, cumulatively, the logical, comparative and historical method, to carry out a precise research of the legislation and jurisprudence with applicability in the field of environmental protection in case of natural disasters.
Keywords: public authority, environmental protection, natural disasters.
JEL Classification:K32
Page 111 - Lecturer Raluca Antoanetta TOMESCU
14. THE LEGAL NATURE OF THE CONTRAVENTION AND ITS INFLUENCE ON THE NULLITY OF THE RECORD OF FINDING THE CONTRAVENTION➤Abstract:In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a non-unitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.
Keywords: contravention, annullable act, nullity, injury.
JEL Classification:K33, K34
Page 125 - PhD. student Alexandra Raisa ROȘCAN
15. THEORIES, PRINCIPLES AND CRITERIA REGARDING THE EXISTENCE OF THE SUCCESSION OF CRIMINAL LAWS IN TIME IN THE ITALIAN REPUBLIC➤Abstract:This research aims to conduct a study on the succession of criminal laws over time in the Italian Republic. The research is carried out as a result of the legal, doctrinal and jurisprudential analysis of this European state. The theories, principles and criteria for establishing the most favorable criminal law in the case of a succession of normative acts will be identified. The concept of lex tertia will also enjoy attention, because we want to know if in Italy the more favorable criminal law is applied on autonomous institutions, ie if legal provisions from two or more consecutive criminal laws can be combined.
Keywords: more favorable criminal law, non-retroactivity, retroactivity, lex tertia.
JEL Classification:K14, K33
Page 147 - PhD. student Gabriela TEODORU
16. RESTRICTIONS ON THE SALE OF AGRICULTURAL LAND. CONTROVERSIES NATIONAL LAW - UNION LAW➤Abstract:Each nation has developed its own system of regulation on the ownership, use and movement of agricultural land to ensure the most beneficial use of land. However, Member States must ensure that national regulations do not conflict with European law. Restrictive measures for the acquisition of agricultural land were taken by some Member States at the end of the transitional period during which the Accession Treaties allowed EU investors to be restricted from buying agricultural land in these countries. It is mandatory to analyze to what extent some of these regulations violate fundamental EU principles, such as the free movement of capital and non-discrimination on grounds of nationality, in order not to distort the business environment and to ensure equal treatment before the law for all EU citizens. The assessment of the proportionality and non-discriminatory nature of these regulations requires a good knowledge of the practical effects that these normative acts will have. For this reason, it is appropriate that in the next period legal professionals notice all the difficulties that will appear in the process of applying these regulations as well as the practical manner in which their application is likely to lead to the achievement of the objectives assumed by the legislator. Certainly, sooner or later the CJEU will be called upon to rule on the compatibility of these regulations with Union law and the research undertaken during this period will be used for the correct assessment of the impact of these new laws.
Keywords: legal conditions for acquiring agricultural land, right of preemption, legal preemptors, free movement of capital, the principle of proportionality, discriminatory regulation, case law of the European Union Court of Justice.
JEL Classification:K11, K12, K15
Page 142 - Ph.D. student Ruxandra Andreea LĂPĂDAT
17. DIGITAL CONSTITUTIONALISM – A PERSPECTIVE OVER THE INCREASING ROLE OF THE PRIVATE ACTORS IN SECURING THE EXERCISE OF HUMAN RIGHTS➤Abstract:Digital constitutionalism is a notion that struggled to contour over the last decade, keeping the pace with the digitalization wave that hit the law field. The efforts did not emerge until this very moment, leaving enough space for both doctrine creation and practical initiatives’ development. However, when trying to settle this concept to a definition, we will always keep in mind that the constitutional values can be translated only through the energy and power of the business sector. Private actors are now vested with some forms of power, that are no longer merely economic nature. Thus, being said, this new power brings along new responsibilities, including here the topic of human rights. This paper aims to show the unexpected, but much needed blend in the digital era between the business sector and the public sector. On a domestic level, we will analyze the increasing call and use of digital expertise in which private actors excel by the public sector, in order to respect the constitutional order. Secondly, by observing the shift that is being delivered between these areas on an international level, the transition from a liberal perspective to a constitutional strategy will be examined in detail.
Keywords: digital constitutionalism, private actors, human rights, alternative dispute resolution methods.
JEL Classification:K10, K38
Page 157 - PhD. student Anis BENABED
18. OVERHANGING THE FUTURE SOCIO-ECONOMIC ASPECTS THROUGH THE CONSEQUENCES OF GLOBALIZATION AND INTERNATIONAL LAW➤Abstract:This paper presents & analyses the arguable situation & impact of globalization on international law. Globalization has become such a major phenomenon that changes so many rules & aspects from a short term to a long one. The fact that globalization challenges the natural aspects of legal order on the international level, makes competitiveness in advance due to so many major threats in the international society, international market, development & integration. Globalization in other words has such an impact on the market structure and revenues that’s why it adapts the international law in different terms. Globalization nowadays is countering the present & future law by putting in order & consideration new global institutions & norms for the corporation law. But it threatens as well so many socio-economic challenges that map the future of international law. The game between globalization & international law is complex so it appeals always to new majors but for the future, it is completely better to rely on & look for creative solutions.
Keywords: international law, globalization, international market, challenges, impact, future.
JEL Classification:K33
Page 166 - Lecturer Andra IFTIMIEI; PhD. student Mihai IFTIMIEI
19. LAW AND IT TECHNOLOGIES. PREDICTIVE JUSTICE➤Abstract:Predictive justice is one of the newest directions of law evolution, being at the same time an expression of its digitalization. Modern society places great emphasis on interdisciplinarity, so that law and IT technologies are models in this direction. The paper aims to study this new phenomenon, identify the principles according to which it works, as well as present, respectively analyze predictive justice models already implemented in countries such as the United States or France. At the same time, we aim to highlight the functions that predictive justice can perform, in the sense that such a high-tech legal approach can be an aid in decision-making or can even be the main tool in decision-making. Can human resources be replaced by an algorithm in the administration of justice? A proposed result, following the research undertaken, is the drawing up of a predictive justice model that can be implemented in the national law system. The research methods used are literature review, epistemological method and comparative method.
Keywords: predictive justice, artificial intelligence, IT technologies, cyberjustice.
JEL Classification:K24
Page 169 - Professor Howard CHITIMIRA; Post-doctoral researcher Friedrich HAMADZIRIPI
20. AN OVERVIEW ANALYSIS OF SHAREHOLDER ACTIVISM IN ZIMBABWE➤Abstract:Shareholder activism refers to any legal mechanisms that disgruntled shareholders invoke to change an investee company’s undesirable decisions, policies and practices. Shareholder activism entails, inter alia, measures, campaigns and/or proposals that are employed by one or more shareholders of a company to effect some reform in that company regarding its business, governance, management, strategy or in respect of a particular corporate action or fundamental transaction that is considered or undertaken by their company. Therefore, shareholder activism is one of the tools that could be employed by shareholders in Zimbabwe to voice their concerns and change certain poor corporate decisions and/or illicit conduct of company directors. As such, shareholders of companies in Zimbabwe have a plethora of mechanisms that could assist them to voice their concerns and promote good corporate governance practices. For example, in 2014, Zimbabwe introduced the National Code of Corporate Governance (Corporate Governance Code 2014) which consolidated corporate governance principles in a single policy instrument. The Corporate Governance Code 2014 empowers shareholder activist to promote good corporate governance practices by selling their shares, exercising their right to vote at annual general meetings and enforcing certain disclosure and transparency requirements in Zimbabwe. Zimbabwe has also recently enacted the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 (COBE Act). The COBE Act provides shareholders with several avenues such as the derivative action, the oppression remedy and the appraisal remedy by which disgruntled shareholders could compel company directors to change their decisions and actions. However, despite these legislative and self-regulatory activism mechanisms that shareholders could employ to improve good corporate governance practices, corporate mismanagement remains a major problem in Zimbabwe. This article analyses shareholder activism under the current self-regulatory and statutory framework in Zimbabwe. It appears that the current statutory and self-regulatory framework for shareholder activism is flawed and inadequately enforced to combat shareholder passivity challenges in most companies in Zimbabwe. Accordingly, some recommendations that could be employed by policy makers and other relevant stakeholders to effectively promote shareholder activism in Zimbabwe are provided.
Keywords: shareholder activism, corporate governance, derivative action, oppression remedy, appraisal remedy.
JEL Classification:K22
Page 176 - Lecturer Aurel Octavian PASAT
21. DETENTION CONDITIONS REFLECTED IN THE JURISPRUDENCE OF ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS➤Abstract:The number of convicted in prisons is growing worldwide and it is no secret that deprivation of liberty does not justify many of the objectives and material means assigned to it. Deprivation of liberty has several objectives: ensuring the security of society by isolating offenders, reducing recidivism and re-educating offenders. However, prison conditions, especially those in Eastern Europe, do not meet the standards imposed by international institutions. The specific international legislation is extremely concise with this field, given the fact that through its content and applicability it occupies a priority role in the policy of any rule of law. Because a rule of law, through its social protection components, manifests its concern for its citizens, and especially for those in vulnerable situations, and the execution of a custodial sentence is certainly among the vulnerabilities that require increased care for these categories of individuals. The purpose of this article is to study the theoretical, practical and legislative aspects regarding the legal interpretation of the human rights institution from the perspective of the existence of conditions of detention in prisons, aspects reflected in the jurisprudence of the European Court of Human Rights.
Keywords: European Court of Human Rights, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, ill-treatment.
JEL Classification:K33
Page 189 - Student Shkodran REXHAJ; Student Armend KRASNIQI
22. SUCCESSION, KOSOVO CASE➤Abstract:Succession is a theory and practice in international relations to regulate matters relating to the inheritance of states. This theory has its roots in nineteenth-century diplomacy and has attracted the attention of scholars especially after the dissolution of colonies and federations such as the Soviet Union, Czechoslovakia and the Socialist Federal Republic of Yugoslavia where many questions and problems arose that had to be resolved in terms of rights and obligations of the successor states to the predecessor state. The purpose of this paper was to analyse succession as a theory and practice and to review its application in the case of Kosovo. Several research methods have been used to achieve this goal. The analytical method is used to substantively analyse the key theoretical issues related to the succession process. The second method is the descriptive one, where different examples of succession conclusions are described. Through the qualitative method, the contents of the two Vienna Conventions, the 1978 Convention on the Succession of Treaties and the 1983 Convention on the Succession of States over Public Property, Archives and State Debts, have been studied in more depth. To study the succession in the case of Kosovo, two international agreements have been analysed: the 2001 agreement signed between the successor states of the SFRJ and the Comprehensive Agreement proposed by Ahtisaari in 2007 to resolve Kosovo's status. From this applied methodology, the knowledge of the object of study has been achieved. The main results of the paper are: the succession of the Kosovo case was not resolved through the 2001 Succession Agreement as Kosovo was not a republic and was signed by Serbia-Montenegro Union, Kosovo in the statement of the independence has stated that it will take over the obligations related to its name from the former SFRY together with the obligations from June 1999 to February 2008 when Kosovo was administered by UNMIK.
Keywords: succession, Kosovo, law, international, agreement.
JEL Classification:K33
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