Perspectives of Law and Public Administration
Volume 13, Issue 1, March 2024
Table of Contents
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Abstract:Changes in the way people live and work, driven by digitalization and automation, have always triggered fears. Developments in the field of digitalization and automation, as well as the use of artificial intelligence, which has been the subject of much discussion recently, require people in all areas to have a certain degree of adaptability. Increasing complexity, the loss of jobs and the challenges of data protection are just a few examples of the challenges facing not only society but also legislators. The simplification of daily life and the increasing efficiency gains made possible by AI are some of the arguments in favor of using AI. The EU law on artificial intelligence aims to ensure that AI systems brought to market and deployed in the EU are safe and in line with the EU's fundamental rights and values. The groundbreaking proposal is also intended to promote investment and innovation in the field of AI in Europe.
Keywords: artificial intelligence, industrial revolution, EU Artificial Intelligence Act, digitalization.
JEL Classification:K33, K42
DOI: 10.62768/PLPA/2024/13/1/01Artificial Intelligence - Curse or Blessing? Historical Analysis of Digital Developments up to the First European Law on Artificial Intelligence (AI-Act)
Page 5 - PhD. student Vasilică STOINEA
Flawed Administration through the Lens of Free Access to Public InformationAbstract:This paper conducts an analysis of the concept of "good administration" in contrast to the concept of "flawed administration", with both concepts being examined through the lens of free access to public information. Issues related to access to public information are often timely and can have a significant impact on society and political processes. Therefore, research in this field can be particularly relevant and can capture public attention. Transparent and responsible public administration is essential for good governance. This theme can contribute to identifying issues of flawed administration in the domain of public information communication and can provide solutions for enhancing governmental transparency. The uniqueness of the theme lies in its multifaceted approach, including transparency and administrative responsibility, legislation concerning access to public information, as well as the use of specific case studies to illustrate issues related to this topic. Thus, in this article, we will present several pertinent cases from judicial practice that illustrate how flawed administration is often linked to the denial or restriction of access to public information.
Keywords: good governance, defective administration, public information, free access, public interest, citizen.
JEL Classification: K23
DOI: 10.62768/PLPA/2024/13/1/02
Page 13 - Professor Oksana SHCHERBANYUK; Assistant professor Laura BZOVA
Rule of Law and Human Rights: Analysis of International Standards and Case LawAbstract:The EU's human rights policies and actions have two main components: protecting the fundamental rights of EU citizens and promoting human rights around the world. One of the aspects that the UN focuses on is the relationship between democracy and human rights, as the organisation upholds the importance of equal political participation of citizens of its states and full respect for human rights, including the recognition, protection and promotion. As defined by the United Nations International Children's Emergency Fund (UNICEF), human rights are norms that recognise and protect the dignity of all people, meaning they apply to everyone, without distinction of race, gender, education, political opinion, sexual orientation or any other type of moral judgement. The realisation of human rights also obliges states to be responsible for protecting these norms and prohibits certain acts that violate them. Human rights can be said to be one of the greatest achievements of mankind. One of the most important human rights documents is the Universal Declaration of Human Rights, signed in 1948 at the UN General Assembly. Consisting of 30 articles, the Declaration formalises all the theoretical developments made earlier on civil, political, social, economic and cultural rights. Another innovation of the Declaration was the inclusion of human rights in the universal character, becoming the rights of all peoples. Thus, for the UN, human rights "are universal legal guarantees that protect individuals and groups from acts and omissions by governments that violate human dignity"3. Human rights are fundamental and therefore inalienable human rights, i.e. those rights whose violation would lead to an attack on the very essence of humanity. For this reason, it is important that everyone is aware of and knows about human rights, their content and the forms of protection provided for them, as everyone should be able to enjoy their fundamental rights for the sole purpose of living in peace, without distinction. Human rights, democracy and the rule of law create an environment in which countries can promote development, protect people from discrimination and ensure equal access to justice for all.
Keywords: human rights, rule of law, international standards, case law, legal doctrine.
JEL Classification: K23, K41
DOI: 10.62768/PLPA/2024/13/1/03
Page 25 - PhD. student Varvara Licuța COMAN
The Principle of Freedom and the Right to Respect the Private Life from the Perspective of the Civil Identity of Transgender PeopleAbstract:This study aims at analyzing how fundamental rights and individual freedom interfere with privacy issues for transgender people. The main purpose is to identify the legal and social challenges faced by this community in the process of legal recognition of gender identity. To achieve these objectives, the research uses a mixed methodology, which combines comparative legal analysis of legislation from different jurisdictions with relevant jurisprudence and public policy, highlighting exemplary practices and legislative gaps. The results of the study indicate the existence of a gap between the principles of human rights agreed at the international level and their implementation at the national level. Despite significant progress in some countries, many transgender individuals still face bureaucratic obstacles and discrimination when claiming their rights. Therefore, is obvious the need for legislative reform to facilitate the recognition of gender identity in a way that respects personal autonomy and privacy. The study recommends the development of policies and practices that promote social integration and respect for human rights for transgender people, emphasizing the crucial role of a rights-based approach in achieving equality and non-discrimination.
Keywords: transgender people, private life, individual freedom, civil law.
JEL Classification: K12, K15, K36, K38
DOI: 10.62768/PLPA/2024/13/1/04
Page 33 - Lecturer Luiza Cristina GAVRILESCU
Prerequisites for the Recovery of Companies in Economic Difficulty by Concluding Agreements with Relevant CreditorsAbstract:Insolvency prevention procedures have recently been reformed, in the context of aligning national legislation with the European requirements. To ensure an effective chance of recovery of viable debtors, more accessible and coherent out-of-court frameworks have been created. The restructuring agreement procedure gives distressed debtors the chance to restructure their debts, by means of an agreement with the relevant creditors in order to avoid insolvency. The initiative to make the agreement rests exclusively with the debtor, the law expanding the scope of those entitled to apply for this remedy. The attestation of the state of difficulty is made on objective grounds and not on simple presumptions, as a result of an assessment carried out by an insolvency practitioner and concretized in a report. The restructuring agreement is drawn up with the support of the restructuring administrator, who will ensure that its structure contains the mandatory elements stated by law. The approval of the agreement, negotiated in advance, is subject to the vote of the creditors whose claims are affected, according to the category to which they belong. The confirmation of the restructuring agreement by the syndic judge is carried out in a non-contentious procedure, with a legality control being carried out.
Keywords: state of difficulty, viable debtors, insolvency prevention procedure, restructuring agreement, restructuring administrator.
JEL Classification: K22
DOI: 10.62768/PLPA/2024/13/1/05
Page 42 - LLM Daphney Katlego MAKHUBELA; Lecturer Thabiso Lucky MALATJI
Performance Appraisal as a Tool to Achieve Higher Efficiency and Productivity in the South African Public Sector, with Reference to Limpopo Department of EducationAbstract:This qualitative study was conducted to assess the performance appraisal on employee’s productivity at the Department of Basic Education in Limpopo, South Africa. Performance appraisal refers to the methods and processes that organisations use to evaluate their employees' level of performance. This usually entails assessing employees' performance and offering them with feedback on both the quantity and quality of their work. The study examined the kind of tool Department of Basic Education utilize and the effects of performance appraisal on employee’s productivity. The researchers adopted a qualitative approach in this study in order to better understand performance reviews and employee experiences. Data was gathered through interviews with senior/junior managers purposively chosen. Additionally, subordinates selected from a simple random sample based on their responsibilities, backgrounds, and experience. As a result, the study used a verbatim transcription to capture every detail of the interview. The data was then analysed using thematic mapping. The research findings demonstrated the inefficiency of the current performance management and development method. The study also shows that workers are unmotivated and no longer have faith in the evaluation process. The findings further show that supervisors' management and implementation of the system are prejudiced, which demotivate employees as a result. According to the study, the current system has to be changed or revised in order to address the gaps and issues that have arisen as a result of prejudice and ineffective execution. The study also suggests that in order for the system's goals to be met, managers need acquire the right training, and staff should receive training as well to have knowledge about the system.
Keywords: assessment, appraisal, employees, performance, productivity.
JEL Classification: H83, K23
DOI: 10.62768/PLPA/2024/13/1/06
Page 55 - PhD. student Ionuț-Gabriel DULCINATU
Justice in the Practice of International Criminal Tribunals, in the Context of the Tasks of Contemporary International Humanitarian LawAbstract:Transitional justice, which today has become a widespread and very useful concept, which allows the transition from an authoritarian system to the rule of law, which aims to establish a democratic regime that respects human rights - and what is important not at the level of declarations and applicable methods, but, first of all, this must become the philosophical basis of his daily life. The purpose of transitional justice is to restore the dignity of the victims, to establish mutual trust between the antagonistic groups, to favor the institutional exchange necessary for a new relationship within the population that will allow the establishment of a state of law, including through an effective control of the practice of total or partial impunity. The various constitutive elements of transitional justice generally combine reparative measures of restorative justice (Truth and Reconciliation Commissions), meanwhile establishing parallel mechanisms of punitive justice (especially in relation to the main responsible or direct executors of the most serious crimes).2 On the other hand, transitional justice claims to reform the institutional system, restoring the primacy of law and ensuring the functioning of judicial institutions for the future, fighting in the meantime against impunity for the crimes committed during the previous period. In this sense, transitional justice pursues a multiple goal within the framework of an end to a conflict, in which other imperatives are imposed on government officials - the disarmament of combatant forces, the restoration of citizens' security, the compensation of victims and the restoration of the economy of devastated societies. After being neglected for a long time, the victim is at the center of current political concerns and is the object of a constantly growing interest, mainly in the criminal field and not in social discourses.3 But this phenomenon, positive from some aspects, is not without problems and arouses controversial debates among researchers and actors of the criminal world. This imposition of the victim seems to exist not only in the criminal system, but also in the current socio-political terrain. This predominance is observed in many Western states, lately becoming dominant to some extent both in international criminal law and in international humanitarian law, being taken into consideration the burden of victims in the status granted to them in armed conflicts. The participation of victims in the criminal procedure is generally a recent phenomenon, which seems to be far from being accepted. Victims played and play a secondary role in the tribunals previously established by the International Criminal Court (ICC).4 They were considered only as a means in the de facto absence of a participation or compensation system. Under the influence of strong pressures, the tendency to take into account the opinions and concerns of the victims, including admission in the criminal procedure, became visible in national and international law, and with the involvement of non-governmental organizations and states, the basis of a system was laid that provides for a relatively broad participation of victims in ICC trials. Even if its modalities are still the subject of harsh discussions, it is generally recognized that it is an important and useful tool that would allow victims of serious violations of human rights and international humanitarian law to be heard and to hope for possible reconciliation.5 The evolution of the process of increasing interest in victims is the result of political, social and legal tensions that started in the 1960s, with the implementation of state policies regarding victim compensation and the development of victim defense associations, being influenced by the social movement that opted for civil and women's rights. We find that taking the victim into consideration in social and penal policies has progressed in a meteorological manner. National and international investigations allowed taking into account the victims' dissatisfaction with the criminal system, which led to a genuine experience of secondary victimization, which has as a general consequence the tendency of a weak denunciation of the criminal acts to which they were subjected. They also emphasized the diversity and extent of trauma suffered by some victims, especially after going through interpersonal violence, such as rape or family violence. In addition, towards 1950, a new discipline had developed, a component of criminology, but which very quickly became autonomous - victimology. This field of research focuses on the study of the victim, on his psychological and physical reactions to the sustained achievement, but also on his experience of relying on the act of justice and society in general. These various findings gave rise to state structures to help victims, which have spread throughout the world. The victim thus became a political stake.
Keywords: victim, international criminal responsibility, international justice, international criminal procedures, International Criminal Court.
JEL Classification: K33
DOI: 10.62768/PLPA/2024/13/1/07
Page 68 - Lecturer Mihaela ROTARU
Private Life, Object of Criminal Protection in the European ContextAbstract:The present action comes as a result of some recent legislative changes, at the level of Romania, more precisely the criminalization of "revenge pornography", but not as a distinct act, according to the provisions of the Criminal Code, but as a variant of committing the crime of violation of private life. Taking into account the provisions of the European Convention on Human Rights on the right to private life, we want to analyse to what extent and how the national legislator of other Member States of the European Union understood to criminalize the behaviour mentioned above. Moreover, considering the criminalization of child pornography, from the European Council Convention on Computer Crime, as well as from the Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011, we want to analyse the opportunity of the existence in Romanian legislation of a distinct criminalization, with the name of "revenge pornography", in the same title of the special part of the Criminal Code as the crime of child pornography, taking into account the protected social value, while observing whether such an orientation is found in the criminal legislation of other Member States. Another aspect that will be considered from the perspective of applying the law to different cases brought to justice is that related to international judicial cooperation when the object of criminal protection is private life.
Keywords:revenge pornography, private life, crime, legal provision.
JEL Classification: K14
DOI: 10.62768/PLPA/2024/13/1/08
Pages 81 - Professor Kola O. ODEKU; LLM. Takalani MUDZIELWANA
Protecting Home Loan Seekers in South Africa: Combating Unlawful Mortgage Lending Practices by Financial InstitutionsAbstract:All over the world, home loans and mortgages are part and parcel of the products and services being offered by the financial institutions-such as banks and homeowner mortgage institutions to their numerous customers. Prior, during and post home loan transactions, they owe their customers the duty to ensure full disclosure of all the terms and conditions in the mortgage agreements without withholding any information. This paper examines any act contrary to uberrimae fidei-utmost good faith in the transactions. Uberrimae fidei requires the highest standard of good faith on both the lender and borrower to disclose all material facts that could influence the decisions of the other party in seeking and granting home loans and mortgages. Failure might result in severe consequences by exploring both the civil and criminal responsibilities and liabilities of the party who acted mala fide-in bad faith. Against this backdrop, this paper examines the protection offered by the laws to ensure level playing field prior, during and after mortgage lending transactions.
Keywords: financial institutions, home loans and mortgages, utmost good faith, mala fide, consequences, South Africa.
JEL Classification: K30, K33, K38
DOI: 10.62768/PLPA/2024/13/1/09
Page 91 - PhD student Georgian Ionuț STAN
Theocracy Mysticism and ContemporaneityAbstract:Religion occupied a pivotal place in the life of our ancestors, even being a proof, at that time, of raising the degree of civilization of mankind. We say a pivotal place and not just an important one, since a large part of social life revolved around religion and its symbols. Often there was no boundary between politics and religion and what was Caesar's was not Caesar's. In those bygone times, political power was legitimized through a divine, cosmic, supernatural bond. No doubt that connection between politics and the supernatural was shrouded in mysticism. Today, when the importance of religion is in decline, humanity is more concerned with science, evidenced by sometimes exacerbated empiricism. It is as if there is no more room for the spiritual, for religion, the latter falling into a form of obsolescence. But is it so? Has religion really lost its ancestral role, is it headed for extinction? Contrary to a non-religious view we will notice that even in the present time there are societies in which religion and politics are intertwined, in which the source of state sovereignty is divinity and thus, we still have present theocratic political regimes. The divide between religious and non-religious views of society exists but understanding how theocratic regimes exist can lessen this divide.
Keywords: theocracy, religion, political power, political regime, state.
JEL Classification: K10, K19
DOI: 10.62768/PLPA/2024/13/1/10
Page 101 - PhD. student Liviu-Valentin MIHALACHE
Between Displacement, Layering, Conversion and Drift: The Institutional Construction of the Romanian Freedom of Information ActAbstract:Using Mahoney and Thelen’s four mechanisms of institutional change (displacement, layering, conversion and drift), I argue that the Romanian Freedom of Information Act (Law no. 544/2001 and Methodological Norms no. 123/2002) has proven to be stable in the last two decades since its adoption, it has been accepted by some of us but not all, even though it was created to protect each of us as citizens, there have been failed attempts of institutional destabilization along with a series of institutional consolidations, whereas its enforcement has recorded a gradual deterioration, without attracting attention or encountering major criticism, this change being contrary to the public interest.
Keywords: freedom of information (FOI), Law no. 544/2001, displacement, layering, conversion, drift, Romania.
JEL Classification: H83, K23, K40
DOI: 10.62768/PLPA/2024/13/1/11
Page 107 - PhD. student Denise Cătălina MARTALOG
The Coexistence of the Legal Inheritance with the Testamentary InheritanceAbstract:The research surprises the cases and the conditions in which the legal inheritance coexists with the testamentary inheritance. In the period of the old roman law the testamentary inheritance was priority, because the gratified successor through the will for a part of the inheritance was extending the vocation for a part of the inheritance of which de cujus didn’t dispose of. In the actual legislation, the legal inheritance coexists with the testamentary inheritance in some cases, so that a part of the inheritance is sent to the gratified one based on the will and the other part is sent to the legal heir through the virtue of the law. The cases in which the inheritance can be legal or testamentary are different, because the sping of the successoral vocation is the law or the will of the one who lets his fortune (de cujus). Therefore, the two types of inheritance can exist at the same time not only when the deceased disposes of a part of his fortune by will, but also when the will contains legates which consume the full successoral mass. The coexistence of the two forms of inheritance represents the result of the bound between the freedom of the will with the instituted protection by law of the mandatory heir.
Keywords: legal inheritance, testamentary inheritance, coexistence, the freedom of the will.
JEL Classification: K15
DOI: 10.62768/PLPA/2024/13/1/12
Page 121 - Associate professor Mădălina VOICAN
Fragmentation of Public Contracts and IntegrityAbstract:This article explores the impact of dividing government contracts into smaller components, highlighting the risks it poses to transparency and integrity in public procurement. Contract fragmentation can obscure decision-making process regarding public expenditure, reduce healthy competition, and facilitate corruption. Real-world examples illustrate these issues. The analysis highlights the need for strengthening public procurement regulations, increasing transparency, and promoting ethical conduct to mitigate these risks. By understanding the complex relationship between contract fragmentation and integrity, decision-makers and stakeholders can better protect public resources by promoting a fairer and more transparent business environment and upholding ethical standards in public procurement.
Keywords: public procurement, public contracts, corruption, contract fragmentation, integrity, transparency.
JEL Classification: K23
DOI: 10.62768/PLPA/2024/13/1/13
Page 125 - Lecturer Adriana MOȚATU
Some Aspects Related to the Competent Bodies in the Matter of Budgetary ControlAbstract:The fight against fraud needed regulation, and even more, to be the main object of the activity of specialized bodies. Thus, in 1988, the task force "Anti-Fraud Coordination Unit" was created, formalizing the fight against fraud and corruption and protecting the EU's financial interests. In 1995 (July 26), through Council Act 95/C 316/032, the "Convention on the protection of the financial interests of the European Communities" was introduced. In 1999, OLAF (the European Anti-Fraud Office) was established, so that in 2017 (12 October) to establish the European Anti-Corruption Prosecutor's Office - EPPO, through Council Regulation (EU) 2017/19393. EPPO becomes operational from June 2020.
Keywords: European Court of Auditors, fraud, fight against fraud, European Anti-Fraud Office, financial instruments of the European Union, European Anti-Corruption Prosecutor's Office.
JEL Classification: K33, K34
DOI: 10.62768/PLPA/2024/13/1/14
Page 135 - PhD. student Adrian Cristian PALEA
European Public Policy Perspectives. The Norwegian Way vs. the Romanian Way in the Social Rehabilitation of InmatesAbstract:This article analyzes the institutional approaches in two European states (Norway and Romania) regarding to the social reintegration of inmates. The analysis of public policies and potential of the two prison systems, as well as the results obtained following the implementation of the two systemic approaches, are the main objectives of the study. Also, the study highlights the collaboration between the two European states, the logistical and financial support and the example of good practice that the Norwegian state offered to Romania, in order to streamline the process of social reintegration.
Keywords: public policy, social reintegration, penitentiary system, rehabilitation of inmates.
JEL Classification: K23
DOI: 10.62768/PLPA/2024/13/1/15
Page 142 - Lecturer Anamaria GROZA
Autonomy of Universities and Judicial Review: Irreconcilable Concepts?Abstract:The autonomy of universities represents the main functional principle of universities in EU Member States. Is is an instrument of defence of higher education institutions from ideological, political and religious interferences and an essential middle of implementing educational right of individuals. Its role is to contribute to the improvement of higher education, to universities performance and to the developments of society. But what happens when decisions of higher education institutions, their inaction or unjustified refusal to resolve a demand are brought in front of tribunals? Is the judicial review possible, does it have limits and which are these limits? The answer assumes to establish the aim and the content of the university autonomy and to assess the judicial review both from the perspective of legality and opportunity. Our research is descriptive and explanatory and contains relevant case law. Our conclusion is in the direction of a complete judicial review made by the administrative courts, both from the perspective of the legality and of the opportunity of the act submitted to the control.
Keywords: university autonomy, academic freedom, judiciary review, legality review, opportunity review.
JEL Classification: K40, K41
DOI: 10.62768/PLPA/2024/13/1/16
Page 150 - PhD. student Anis BENABED
International Law as a Means of Globalization, Business Internationalization and Global Economy: A Mechanism with Proclivities➤Abstract:This paper analyzes, describes and presents the relationship and effects between globalization and the international law. Historically, between globalization and international law, there is a dialectical relationship, both have been intertwined for more than the end of the twentieth century and the last phase of globalization. Globalization has come up with major changes at the international level and distribution of power between different actors of the international society. It has impacted and shaped the World Wide system of law with implicit ambitions. The research questions are: “Are there any interconnection between international law, globalization and internationalization? How does international law affect global economy?” The used methodology of research focused on a literature review, the United Nations charter of international law and qualitative descriptive analysis. The results show that doing business with individuals from other nations focuses on the activities of individuals that are governed with the context of global economy starting from the applicable rules to industries in the home country or nation. International law provides a background, assurance, confidence and a means or mechanism by which individuals can trade or do business with regard to goods and services, to start with the utility of law is based upon first international relations, and the way countries relate to each other, particularly with regard to trade of goods and services between those nations. Doing business with individuals from other nations focuses on the activities of individuals that are governed with the context of global economy starting from the applicable rules to industries in the home country or nation. In Conclusion, international law has got a high contribution to the insights of global economy, globalization and internationalization processes especially for companies. There is a huge interconnection between Globalization, Internationalization that is important for global economy and international law.
Keywords: globalization, international law, internationalization, companies, economy, global.
JEL Classification:F50, F53, F60, K33
DOI: 10.62768/PLPA/2024/13/1/17
Page 159 - Professor Cristian DUMITRESCU
Digitalization of Public Administration in Romania: The Way Towards Efficiency and Accessibility➤Abstract:The digitalization of Public Administration is a subject of great importance in the context of modern societies, both for the authorities and for the beneficiaries of public services, in this case, the citizens. This process involves the transition from traditional methods to the use of digital technologies to improve the efficiency, transparency and accessibility of public services. Romania’s journey in the digitalization of the Public Sector has been a topic of interest in recent years. In general, our country has taken significant steps towards the modernization of Public Administration by introducing digital solutions. The Government and the Private Sector have invested in information technology to improve public services, education and the business environment. E-Government leads to the development of smart cities and contributes to increasing the quality of life, and when the processes are integrated correctly, multiple benefits can occur. However, there are also challenges for Public Administration, such as uneven access to technology between urban and rural environments. Digitalization continues to be a priority in many areas, with a focus on innovations such as artificial intelligence, cyber security and emerging technologies.
Keywords: public administration, digitalization, innovation, administrative phenomenon, public service, citizen, quality of life, e-government, digital education.
JEL Classification: H83, K23, K24
DOI: 10.62768/PLPA/2024/13/1/18
Page 167 - PhD. student Lenuța GIURGEA
Child Discernment, a Global Problem➤Abstract:The United Nations Convention on the Rights of the Child (UNCRC) related to the rights of the child, on the one hand, in articles 12, 13, 14 and 15, regulates the freedoms of thought, opinion, conscience and religion, as well as association and free expression, on the other hand. Objectives: also, the holders of obligations for the child’s best interest have the duty to turn these rights into reality as a direct guarantee of respecting their interests. Therefore, the state has an obligation to create the possibility that no child is marginalized in the realization of these fundamental freedoms through all possible measures. Research methods: right compared to the position in Rep. Moldova, USA, Georgia, etc. in relation to legislative changes, jurisprudence with special regard to the cases resolved by the ECHR in the field, theoretical methods such as the comparative, historical, sociological method of course regarding the discernment of the child, because the methods used are strictly subordinate to the proposed purpose. Results and implications of the study: the Committee on the Rights of the Child (CRC), in its general comment no. 12 (2009), shows that the practices through which the contribution of children is required to rise to certain levels of honest and moral participation of children.
Keywords: consent, child, responsibility, rights, hearing, ethics.
JEL Classification: K14, K15, K33, K36, K38
DOI: 10.62768/PLPA/2024/13/1/19
Page 174 - Associate professor Alexandru PRISAC
Dehybridization of the General Competence of the Jurisdictional Bodies➤Abstract:In this article, I have analyzed the criteria for delimiting the powers of jurisdictional bodies in the settlement of civil cases, which I have argued are also criteria that prevent the hybridization of these attributions. We presented the danger of the phenomenon of hybridization for the normal functioning of judicial bodies and gave solutions to minimize it in the legislative system. We analyzed the hybridization within the regulations on general jurisdiction, which delimit the powers of several jurisdictional bodies, such as: courts of law, arbitration, the Constitutional Court and others. The legal normative basis is the legislation of the Republic of Moldova. In order to highlight the practical issues, the judicial and constitutional practice of the Republic of Moldova was analyzed. The methodology applied in the development of this article was comparison and analysis. In order to formulate fundamentally multifaceted opinions, we started from the French, Moldavian and Russian doctrine. In some of these sources, certain ideas regarding the dehybridization of powers of jurisdiction are developed, and we have supplemented them. Finally, a synthesis was made starting from all the criteria for dehybridization of the powers of jurisdictional bodies.
Keywords: competence, institution, hybridization, jurisdiction, criteria.
JEL Classification:K41
DOI: 10.62768/PLPA/2024/13/1/20
Page 184 - Professor Carmen-Silvia PARASCHIV
The Nullity Regime in the Criminal Process in Romania➤Abstract:Nullities represent procedural sanctions that intervene if the fundamental principles of the criminal process are not respected. What is imperative to mention is the fact that these procedural sanctions operate only judicially, which means that they must be ascertained by the judicial body. Unlike the old regulation, the new criminal procedure code regulates new cases of relative nullity and essentially changes the procedure for the application of nullities, the new legislator wanting to impose a new technique for approaching the drafting of the rules. Thus, we find the rules that regulate the conduct of the criminal process in the code of criminal procedure, Constitution, special laws, CEDO s.a. With regard to the procedural phase in which these rules may be violated, the cited provisions are applicable from the start of the criminal prosecution in rem, throughout the criminal prosecution, the preliminary chamber, in court, appeal, extraordinary appeals, including in the execution of court decisions.
Keywords: nullity, principles, preliminary chamber, absolute nullity, relative nullity.
JEL Classification: K14, K41
DOI: 10.62768/PLPA/2024/13/1/21
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