Perspectives of Law and Public Administration
Volume 14, Issue 1, March 2025
Table of Contents
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- 1. At the Intersection of Technological Innovations and Geopolitical and Economic Turmoil. Echoes of Insolvency Law and Practice
Professor Ionel DIDEA; Legal adviser Diana Maria ILIE
▼Abstract▼Through our research we set out to explore the transformative effects of artificial intelligence (AI) and digitialisation on insolvency law and practice, in the context of global economic uncertainties and geopolitical transformations that have altered the way businesses operate and restructure and generated a steep increase in the number of insolvencies globally. In this “triangle” of research, in which AI, the digital economy and geopolitical turmoil generate strong echoes on the business environment and implicitly on the field of insolvency, we will capture the profound changes in the global economic structure. The economy of the future will work “breathing” technological innovations, and the “ripple” of these innovations will penetrate the codification of norms of international, regional and national law, profoundly changing the nature of corporations, capital markets and the structure of the global economy. Thus, the transformative effects of artificial intelligence (AI) reconfigure new regulatory paths that allow companies to adapt to “digital mixes” such as data protection, cybersecurity, emerging technologies, ethics, etc. These are key items on the agenda of international bodies and organisations, such as the World Trade Organisation, UNCITRAL, the OECD, the World Bank or the European Commission, which have developed uniform principles to facilitate cross-border restructuring, making it imperative to integrate AI-based solutions and create a rescue culture that prioritises restructuring and economic sustainability. The future of insolvency is set to be shaped by a combination of economic factors, technological progress and evolving regulatory frameworks. Last but not least, this article highlights the need for a transdisciplinary dialogue between economics, technology and law in order to respond to the challenges generated by AI, and the results of the research may generate a wave of reflection for the legislator, for the business environment and researchers in terms of economic changes, regulatory changes and emerging trends in business. The penetration into the realm of transdisciplinarity reflects nothing but the need to adapt the norms of law to the diversity and dynamism of global developments, mutations and challenges, the acceptance and deepening of these interrelationships and mutual influences can generate a significant impact on the evolution of humanity, by re-establishing the legislative models of the states and adapting to the new socio-economic landscape.
Keywords: artificial intelligence, digital economy, care economy, new business models, insolvency, legislative reforms and hybrid restructuring models, transdicipillary vision.
JEL Classification:K22, K33, K35
DOI: 10.62768/PLPA/2025/14/1/01
HOW TO CITE - Please cite this article as: Didea, Ionel & Diana Maria Ilie, „At the Intersection of Technological Innovations and Geopolitical and Economic Turmoil. Echoes of Insolvency Law and Practice”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 6-46.
- 2. The Independence of the Uganda Human Rights Commission in Light of the Drafting History of the 1995 Ugandan Constitution
Professor Jamil D. MUJUZI; Professor John C. MUBANGIZI▼Abstract▼The Uganda Human Rights Commission was legally established as an independent institution by the 1995 Constitution of Uganda, but its independence has been questioned at times due to alleged political influence and lack of resources. The commission relies substantially on government funding for its operations and has faced challenges in carrying out its mandate effectively. The 1995 Constitution, which established the Commission as an independent institution, was adopted after years of political turmoil and human rights violations in the country. The drafting history of the Constitution reflects a clear intention to create a strong and independent Commission to serve as a watchdog for human rights abuses and to promote respect for human rights. However, the independence of the Commission has been challenged by various factors, including political influence, limited resources, and weak enforcement mechanisms. In addition, the Commission has faced criticism for being too closely aligned with the government and not sufficiently independent. This article illustrates and assesses the extent to which the drafting history of relevant constitutional provisions has had some impact on the independence of the Commission. This is done by focusing the discussion on legal and operational independence, financial independence, appointment and dismissal procedures, composition of UHRC membership and tenure of office. It is then concluded that indeed the drafting history of the Ugandan Constitution has had some impact on the independence of the Uganda Human Rights Commission. Nevertheless, the Commission has made significant contributions towards promoting and protecting human rights in Uganda and remains an important institution in that regard.
Keywords: Constitution, drafting history, human rights, Uganda Human Rights Commission, independence.
JEL Classification: K38, K39
DOI: 10.62768/PLPA/2025/14/1/02
HOW TO CITE - Please cite this article as: Mujuzi, Jamil D. and John C. Mubangizi, „The Independence of the Uganda Human Rights Commission in Light of the Drafting History of the 1995 Ugandan Constitution”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 47-62
- 3. The Separation of Powers as a Unifying Factor of the Nation
PhD. student Georgian Ionuț STAN
▼Abstract▼When we reflect on the separation of powers in the state, even along with the check and balance component, we mainly find the justification for the existence of this principle in preventing the arbitrariness of power. Thus, the monolithic power is fragmented, and between the three emerging powers, there are mechanisms of control that support stopping one power from becoming oppressive. Finally, we can say that the central role of this constitutional principle is to protect individual freedom because it is impossible for an individual to fight against a unitary power that can become oppressive. Of course, this brief explanation is valid wherever we encounter constitutional democracies, but there is at least one political regime where this principle does not stop at this central role, but perhaps even more important than this role is to detension certain sectarian tensions and coagulate the nation. The Lebanese political regime presents unique particularities regarding the separation of powers in the state, also carried out on confessional bases, worthy of a brief but courageous analysis.
Keywords: separation of powers, political regime, religion, nation.
JEL Classification: K10, K19DOI: 10.62768/PLPA/2025/14/1/03
HOW TO CITE - Please cite this article as: Stan, Georgian Ionuț, „The Separation of Powers as a Unifying Factor of the Nation”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 63-69.
- 4. Gaps and Flaws in the Current Statutory Framework for the Regulation and Supervision of Banking Institutions in Zimbabwe
Reflections on the Middle East Wars
Postdoctoral fellow Menelisi NCUBE; Professor Howard CHITIMIRA
▼Abstract▼There are various statutes that directly and indirectly deal with the regulation and supervision of banks in Zimbabwe. These statutes are explored and discussed in this article to unpack their adequacy and expose the gaps and/or flaws that are imbedded in them in order to recommend possible measures that could adopted by banks, regulatory authorities and policy makers to combat such flaws. Accordingly, the regulation and supervision of banks is carefully discussed in terms of the Banking Act [Chapter 24:20] 9 of 1999, the Microfinance Act [Chapter 24:29] 3 of 2013, the Reserve Bank of Zimbabwe Act [Chapter 22:15] 5 of 1999, the Deposit Protection Corporation Act [Chapter 24:29] 7 of 2011, the Bank Use Promotion and Suppression of Money Laundering Act [Chapter 24:24] 2 of 2004, the Securities Act [Chapter 24:25] 17 of 2004 and the Insurance and Pensions Commission Act [Chapter 24:21] Act 7 of 2000. These statutes should be revamped to enact adequate provisions that enhance the regulation and supervision of banks in Zimbabwe. Moreover, the aforesaid provisions should be consistently enforced by the relevant authorities to prevent and combat bank failures.
Keywords: regulation, supervision, banking institutions, flaws, statutory framework.
JEL Classification: K22, K23DOI: 10.62768/PLPA/2025/14/1/04
HOW TO CITE - Please cite this article as: Ncube, Menelisi & Howard Chitimira, „Gaps and Flaws in the Current Statutory Framework for the Regulation and Supervision of Banking Institutions in Zimbabwe”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 70-88.
- 5. Equal Treatment and Discrimination. Equal Treatment in Public Procurement Law
PhD. student Adriana Iulia ONICA
▼Abstract▼In this study we propose an overall analysis of equal treatment highlighting fundamental rights, including the context of positive discrimination with an approach ranging from legislative, doctrinal and jurisprudential perspective, a critical approach to discrimination on criteria not specifically stipulated in the European Convention on Human Rights as well as the legal implications that this generates. Another aim of the study is to draw a brief parallel between equal treatment in general and this principle in public procurement law and the legislative and doctrinal analysis of the categorization of the latter as being included or not among the rights protected by the European Convention on Human Rights. The method will be observational, qualitative, based on the analysis of legislation in the field and on the collection and interpretation of doctrinal sources. It is intended that the results and conclusions of the study will eventually form the basis of future research through the novel elements that they could contribute to the academic debate in Romania, but also through their own analytical contents.
Keywords: equal treatment, human rights, positive discrimination, public procurement.
JEL Classification: K23, K33, K38DOI: 10.62768/PLPA/2025/14/1/05
HOW TO CITE - Please cite this article as: Onica, Adriana Iulia, „Equal Treatment and Discrimination. Equal Treatment in Public Procurement Law”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 89-105.
- 6. Domicile Versus Residence - Comparative Study According to
the Legislation of Romania and European States
Assistant professor PhD. student Gabriel Florinel ION
▼Abstract▼The article comparatively analyzes the concepts of domicile and residence in the legislation of Romania and other European states, highlighting the legal and administrative differences. The basic definitions and the legislative framework in Romania are presented, including the recent changes brought by O.G. no. 9/2024, which updates O.U.G. no. 97/2005. These changes simplify the administrative procedures for establishing residence and introduce a digital platform for registration, reducing the required documents and making obtaining a floating visa more flexible. The article compares Romanian legislation with that of other European states, such as Germany, France and Italy, analyzing the directives and common regulations of the European Union. The article also provides a detailed analysis of the legal rights and obligations associated with domicile and residence, highlighting the essential differences between these concepts in the administrative and legal context. The impact of recent legislative changes, including the simplification of bureaucracy through digitization and the reduction of processing time for obtaining temporary residence, is discussed in detail, providing a practical view of the effects on citizens. The recommendations focus on adapting to the new regulations and on the efficient management of formalities, considering future legislative changes at national and European level. The conclusions highlight the main ideas and provide recommendations for citizens, while also proposing future legislative perspectives.
Keywords: domicile, residence, legislation, European Union.
JEL Classification: K15, K33DOI: 10.62768/PLPA/2025/14/1/06
HOW TO CITE - Please cite this article as: Ion, Gabriel Florinel, „Domicile Versus Residence - Comparative Study According to the Legislation of Romania and European States”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 106-117.
- 7. The Legal Regime of the Bilateral Promise to Sell
PhD. student Gabriela TEODORU
▼Abstract▼A legal instrument recognized only in doctrine and jurisprudence as an expression of the principle of contractual freedom, the bilateral promise of sale was, for the first time, legally regulated by the current Civil Code. The economic and social dynamics determined the concern of the legislator with a view to reforming the Romanian legal system, and with the entry into force of the new Civil Code, contract promises acquired the long-awaited legislative consecration, and their legal regime was established. By means of the synalagmatic promise of sale, the parties foreshadow the content of the final contract, which is intended to give the parties the certainty that none of them will abandon the intention of concluding the expected contract. The practical utility of bilateral promises resides in the fact that it enables the exercise of the coercive force of the state by issuing a court decision that takes the place of the contract in the event that one of the parties has not fulfilled its assumed obligations. In the current context of an accelerated real estate development, the promise to sell is the most used legal instrument in the relations between real estate developers and future owners. The present study brings into focus the current legal regime of the promise to sell for a full understanding of the effects of this preparatory contract and the legal possibilities available to enforce such a contract.
Keywords: bilateral promise of sale, preparatory contracts, decision that takes the place of an authentic act, anticipatory clauses.
JEL Classification: K11, K12, K15DOI: 10.62768/PLPA/2025/14/1/07
HOW TO CITE - Please cite this article as: Teodoru, Gabriela, „The Legal Regime of the Bilateral Promise to Sell”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 118-135.
- 8. Compliance with the Principles of Legal Security and Reciprocity in the Application of the Provisions Relating to International Judicial Cooperation in Criminal Matters
Professor Phd. Habil. Anca-Lelia LORINCZ
▼Abstract▼Starting from two jurisprudential solutions (one of the Constitutional Court of Romania and another of the Court of Justice of the European Union), the present study addresses some aspects related to the implementation of some provisions that regulate international judicial cooperation in criminal matters. The paper brings to attention the need to ensure the predictability of internal provisions in the field of international judicial cooperation in criminal matters, from the perspective of meeting the requirement of legality, as an expression of legal security. Also, the study brings into discussion the concepts of reciprocity and loyal cooperation of states regarding the application of community provisions in this field. The research methods used are: documentation, observation, scientific analysis and interpretation of both legal provisions and national and community judicial practice solutions. Finally, the importance of respecting both the principle of legal security and the principle of mutual trust in the context of cross-border judicial cooperation, in order to combat the criminal phenomenon at the European and international level, is emphasized.
Keywords: predictability of the law; mutual trust and loyal cooperation; extradition; European arrest warrant; deprivation of liberty.
JEL Classification: K14, K33DOI: 10.62768/PLPA/2025/14/1/08
HOW TO CITE - Please cite this article as: Lorincz, Anca-Lelia, „Compliance with the Principles of Legal Security and Reciprocity in the Application of the Provisions Relating to International Judicial Cooperation in Criminal Matters”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 136-148.
- 9. Perspectives on Strategic Intervention for Combating Wildlife Crime
in South Africa
LLM. candidate Tula Sphokazi Joy BEKWA; Professor Kola O. ODEKU
▼Abstract▼Tackling and combating wildlife crime requires effective and efficient prosecution. Similarly, reliance on a competent prosecution service and impartial judiciary are critical imperatives. Notably, weaknesses in regional law enforcement, border control, corruption among private and public entities, and organized transnational criminal networks contribute to the growing trade in illegal wildlife products. To combat the illicit trade in endangered species, it is crucial to provide incentives for shipping companies, clearing agents, freight forwarders, and other private transport operators to improve the security of the supply and transportation system. They should also collaborate effectively with Customs officials to identify, confiscate, and investigate wildlife trafficking. The growing recognition of the importance of biodiversity and ecosystem services in socio-economic development, coupled with South Africa's status as the third most biologically diverse country globally, forms the core of law enforcement initiatives aimed at achieving sustainable and progressive strategies.
Keywords: endangered species, illegal wildlife trade, conservation, preservation, law enforcement, South Africa.
JEL Classification: K30, K33, K38DOI: 10.62768/PLPA/2025/14/1/09
HOW TO CITE - Please cite this article as: Bekwa, Tula Sphokazi Joy & Kola O. Odeku, „Perspectives on Strategic Intervention for Combating Wildlife Crime in South Africa”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 149-163.
- 10. Old Fashion Warranty in Sale Contracts: Eviction and Defects in Romanian Regulations of the Early XIXTh Century and
Their Influence on Modern Civil Codes
Lecturer Sorin-Alexandru VERNEA
▼Abstract▼Over time, the stability of the legal framework has favored the development of production and trade in conditions of predictability and safety. The experiences of the past can be capitalized in the present by adapting old rules to new legal situations, without altering the essence of legal concepts. Identifying the essential, constant elements is the real challenge for preserving the authenticity of legal institutions. To this end the present article analyzes the warranty against eviction and defects in the Romanian legislation of the early XIXth century, respectively the Caragea Law and the Calimach Code. The paper is structured in two parts, the first being intended to identify the specific elements of the warranty mechanism for eviction and defects in the two previously mentioned regulations by using the concepts developed in Roman law, and the second part analyzes the extent to which the particularities of this mechanism were taken over in modern Romanian Civil Codes, of 1864 and 2009. The conclusion of the paper aims to identify the common essential and defining elements for the warranty against eviction and defects in the Romanian legislation of the last two centuries.
Keywords: eviction, defects, guarantee, Roman law, comparative law, history of law, actio redhibitoria, actio aestimatoria.
JEL Classification: K12, K15DOI: 10.62768/PLPA/2025/14/1/10
HOW TO CITE - Please cite this article as: Vernea, Sorin-Alexandru, „Old Fashion Warranty in Sale Contracts: Eviction and Defects in Romanian Regulations of the Early XIXTh Century and Their Influence on Modern Civil Codes”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 164-174.
- 11. The Applicability of the Principle of Confidentiality in Relation to the Successors of Bank Account Holders
Associate professor Luiza Cristina GAVRILESCU
▼Abstract▼The issue analysed concerns determining how the right of the successors of a bank account holder to access the confidential information contained therein can be reconciled with the bank’s duty to maintain banking secrecy even after the account holder’s death. Specifically, it aims to provide a uniform interpretation of the provisions establishing the moment from which heirs can be provided with account statements of their predecessors, within the limits of proving justified reasons. We consider that, insofar as the successors of account holders demonstrate a legitimate interest in being provided with information regarding the deceased’s account status for the period prior to their death, their request is admissible, justifying an exception to the limits imposed by banking secrecy.
Keywords: principle of confidentiality, bank account, account holder’s heirs, data disclosure, justified reasons.
JEL Classification: K12DOI: 10.62768/PLPA/2025/14/1/11
HOW TO CITE - Please cite this article as: Gavrilescu, Luiza Cristina, „The Applicability of the Principle of Confidentiality in Relation to the Successors of Bank Account Holders”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 175-188.
- 12. The Fate of the Limited Liability Company in the Case of the Special
Guardianship of the Sole Administrator
PhD. student Geanina MANCIU
▼Abstract▼The target of the study is the detailed analysis of the changes that would occur within a limited liability company if the measure of special guardianship were instituted for its sole administrator. On this occasion, the legal conditions for exercising the function of administrator will be presented, with special regard to full exercise capacity, the measures taken at the unit level in case of total deterioration of the mental faculties of its sole administrator, and the consequences of maintaining an incapable administrator in office. For this scientific research, which is based on the consultation of legislation, specialized literature, and relevant judicial practice, various methods were used, including the logical method, the comparative method, and quantitative methods. We appreciate that the analyzed subject is topical and has practical utility. When the sole administrator of a limited liability company is placed under special guardianship after being appointed, a situation that severely restricts his ability to exercise his civil legal capacity, it is crucial to understand the consequences for the company and the appropriate course of action.
Keywords: limited liability company, administrator, protective measure, special guardianship, legal capacity.
JEL Classification: K15, K22DOI: 10.62768/PLPA/2025/14/1/12
HOW TO CITE - Please cite this article as: Manciu, Geanina, „The Fate of the Limited Liability Company in the Case of the Special Guardianship of the Sole Administrator”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 189-198.
- 13. The Concept of Transformative Constitutionalism in
Post-apartheid South Africa
PhD. candidate Taboko Isaac MOLABA
▼Abstract▼Transformative constitutionalism has emerged as a redefining characteristic of South Africa's post-apartheid regime. Its emergence postulates a paradigm shift, signifying a profound moment in South Africa's history that has been embedded by an institutionalized race politics regime. This by large has been facilitated by the final Constitution of the Republic of South Africa of 1996. Karl Klare, the founding author of this concept has provided an outline of what it entails for South Africa. Since Karl Klare’s paper, there has been a proliferation of scholarly discourse on this concept. While interpretations have varied, the underlying core attributes remain central in the discourse. In light thereof, this article explores the idea of transformative constitutionalism in post-apartheid South Africa. It points out that South Africa's 1996 Constitution is a transformative document designed to redress historical injustices that preexisted before the constitutional dispensation. Central to the argument is that the ultimate goal of transformative constitutionalism is to fundamentally reconstruct South African society and create meaningful improvements in social, political, and economic conditions for all. This paper explores this by examining specific provisions that illustrate the Constitution’s transformative character.
Keywords: transformative constitutionalism, human rights, international law, justice.
JEL Classification: K10, K38DOI: 10.62768/PLPA/2025/14/1/13
HOW TO CITE - Please cite this article as: Molaba, Taboko Isaac, „The Concept of Transformative Constitutionalism in Post-apartheid South Africa”, Perspectives of Law and Public Administration 14, no. 1 (March 2025): 199-217.
