Perspectives of Law and Public Administration
Volume 14, Issue 3, October 2025
Table of Contents
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- 1. Comparative Legal Analysis of the Institute “Exemption
from Criminal Liability”
Chief assistant professor Ralitsa VOYNOVA
▼Abstract▼The present research aims to examine some imperfections in the legal framework of the institute "exemption from criminal liability" both in Bulgarian and other national legislations, through its systematic, doctrinal and comparative legal analysis. For the purposes of the study, the essential differences between the concepts of "decriminalisation" and "depenalization" are indicated, as well as between the legal institutions of exemption from criminal liability, exemption from punishment and exclusion (loss) of criminal liability. In this regard, the individual types of legal liability are distinguished by deducing the main characteristics of criminal liability. As a result of the scientific analysis, several concrete ideas are proposed for improving the current legal framework of the institute "exemption from criminal liability" in Bulgarian legislation, which could be adopted in other jurisdictions as well.
Keywords: exemption from criminal liability, criminal procedure, decriminalisation, depenalization, alternative sanctioning measures.
JEL Classification:K14, K41
DOI: 10.62768/PLPA/2025/14/3/01
HOW TO CITE - Please cite this article as: Voynova, Ralitsa, „ Comparative Legal Analysis of the Institute "Exemption from Criminal Liability"”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 428- 444.
- 2. Individualization of Sentences in Comparative Criminal Law: Between
National Tradition and International Influences
Lecturer Mihai ȘTEFĂNOAIA▼Abstract▼The topic of sentence individualization in comparative criminal law explores how various legal systems define, regulate, and apply the principle of proportionality in criminal sanctions, based on the specifics of the offense and the offender. The study starts from the conceptual premises of judicial individualization, examining the duality between objective legal criteria and the court's subjective assessment in determining the appropriate sentence. A comparison is made between civil law systems (e.g., France, Germany, Romania) and common law systems (e.g., the United States, the United Kingdom), highlighting the differences between codified and case law-based models of individualization. The analysis considers the influence of international standards, particularly the jurisprudence of the European Court of Human Rights and documents issued by the UN and the Council of Europe on fair treatment and the proportionality of sanctions. Recent trends are identified, such as the introduction of sentencing guidelines, the role of probation boards, and the use of interdisciplinary assessments in tailoring sentences, as well as the impact of cultural, socio-legal, and political factors on judicial practice. The paper proposes a critical reflection on the necessary balance between judicial discretion, the need for consistency in criminal justice, and the imperative of respecting fundamental rights, with an emphasis on the importance of predictability and transparency in the sentencing process.
Keywords: sentence individualization, comparative criminal law, national legal traditions, common law systems.
JEL Classification: K14
DOI: 10.62768/PLPA/2025/14/3/02
HOW TO CITE - Please cite this article as: Ștefănoaia, Mihai, „Individualization of Sentences in Comparative Criminal Law: Between National Tradition and International Influences”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 445-453.
- 3. Limitations by Law on the Private Interests of Magistrates.
The Case of Albania in Preventing Conflict of Interest
and Corruption in Justice System
Lecturer Fjorida BALLAURI
▼Abstract▼This study examines the legal framework on prevention of conflict of interest and corruption in the Albanian judicial system. It focuses on the limitations on the private interest of magistrates, regulated under the special law no.96/2016 “On the status of judges and prosecutors in the Republic of Albania” as amended. In 2016, a profound reform of the justice system was undertaken in Albania, which brought several changes to the status of judges and prosecutors. The paper explores how Albanian legislation, in alignment with international standards, imposes restrictions to prevent conflict of interest, particularly in the context of judicial independence and impartiality. The study analyzes the legal restrictions on the private interest of magistrates and especially their families’ members, in relation to the protection of individual rights. The author raises some questions about whether these limitations are fair and necessary to safeguard the judicial system without infringing upon the fundamental rights of individuals. The paper also assesses the effectiveness of current legal measures and suggests possible legal improvements in strengthening judicial independence.
Keywords: magistrates, conflict of interest, human rights, limitations.
JEL Classification: K40DOI: 10.62768/PLPA/2025/14/3/03
HOW TO CITE - Please cite this article as: Ballauri, Fjorida, „ Limitations by Law on the Private Interests of Magistrates. The Case of Albania in Preventing Conflict of Interest and Corruption in Justice System”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 454-467.
- 4. Criminal Liability for Mercenary Activity in Some European States
Lecturer Ștefan BOBOC
▼Abstract▼Knowing a continuous transformation, in line with the evolution of conflicts throughout history, mercenary activity represents a major threat to the peace and security of states. In this context, it is necessary that, alongside international legal instruments, each country criminalizes mercenary acts within its own legislation. The purpose of this study is to provide the Romanian legislator, who has long remained passive regarding this extremely important issue, with an overview of the legislation in several European states, in order to observe how these countries have chosen to define mercenary offenses in their national laws. By examining the various legal frameworks, one can identify both the differences and similarities between them, the more concrete or more elaborate forms of criminalization, the harsher or more lenient approaches to punishment, elements that may serve as a starting point for the future and necessary inclusion of such offenses in Romanian legislation.
Keywords: mercenary, mercenarism, offense, comparative law.
JEL Classification: K14, K33DOI: 10.62768/PLPA/2025/14/3/04
HOW TO CITE - Please cite this article as: Boboc, Ștefan „Criminal Liability for Mercenary Activity in Some European States”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 468-479.
- 5. The Impact of Corruption on Poverty and Inequality:
A South African Human Rights Perspective
Professor John C. MUBANGIZI
▼Abstract▼This article examines the relationship between corruption, poverty, and inequality in South Africa through a human rights lens. It argues that corruption not only undermines the constitutional values of equality, dignity and human rights, but also erodes accountability, transparency, and good governance. Moreover, it compromises the state’s capacity to fulfil socioeconomic rights, thereby entrenching poverty and widening inequality. The analysis begins with a historical and conceptual context focusing on the history and meaning of corruption, poverty and inequality in South Africa. This is followed by a discussion on the legal framework, outlining the constitutional and legislative dimensions of corruption and inequality and the state’s obligations to prevent corruption, reduce poverty, and advance equality. The article then explores the practical impact of corruption on poverty and inequality, demonstrating how corruption disproportionately affects vulnerable and marginalized groups. The article further evaluates the adequacy of existing anti-corruption measures, including legislative, institutional, and judicial mechanisms, and assesses their effectiveness and challenges in addressing human rights violations arising from corrupt practices. The article concludes with several recommendations including a human rights-based approach to anti-corruption strategies that prioritizes equity, accountability, and the advancement of socio-economic justice as indispensable to breaking the cycle of poverty and inequality.
Keywords: Corruption, poverty, inequality, human rights, Soth African Constitution, legislation.
JEL Classification: K38, K39DOI: 10.62768/PLPA/2025/14/3/05
HOW TO CITE - Please cite this article as: Mubangizi, John C. „The Impact of Corruption on Poverty and Inequality: A South African Human Rights Perspective”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 480-500.
- 6. Developing Occupational Standards Case Study: Prison Educator
PhD. student Adrian Cristian PALEA
▼Abstract▼In the contemporary context of modern penitentiary systems, the social rehabilitation of inmates has become a priority for both penal and social policies in Romania, as already happened in far more developed countries. Nowadays, traditional detention measures are out rated and the importance of targeted educational, psychosocial and social interventions become the obvious solution for reducing recidivism and facilitating successful re-entry into society to former inmates. One of the key actors in this process of rehabilitation in Romania is the prison educator – an occupation that needs to upgrade to the statute of profession in order to reach its full potential and contribute to better results in the social rehabilitation of inmates and reducing recidivism. This research drives the analysis of the occupational standards and professional practices of prison educators in Romania, and also presents perspectives and solutions for career and statute development, through a comparative analysis that includes European and international standards, good practices and professional examples. The research proposes recommendations for developing the present occupational standards and engaging the professionalization of the prison educator, including the development of an independent professional statute and code of ethics.
Keywords: penitentiary system, rehabilitation, occupational standard, professionalization.
JEL Classification: H56, J44, K14DOI: 10.62768/PLPA/2025/14/3/06
HOW TO CITE - Please cite this article as: Palea, Adrian Cristian „Developing Occupational Standards Case Study: Prison Educator”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 501-509.
- 7. Harmonising the Legal Frameworks of SADC, EAC and ECOWAS
Through Regional Integration Under the Abuja Treaty: An Analysis of the
Similarities, Differences and Challenges
Associate professor Paul S. MASUMBE
▼Abstract▼Regional integration is one of the main catalysts that fuels and drive development. Integrating all the eight Regional Economic Communities (RECs) in Africa is a fundamental aspect toward enhancing the economic development of the continent. Accordingly, the African Union (AU) through the Abuja Treaty encourages the establishment of the African Economic Community (AEC) regarded as the deepest form of economic regional integration. Consequently, beside the creation of RECs, the Abuja Treaty also encourages trade liberation and the abolitions of; Custom Duties (CD), levies on import and export goods, non-tariffs barriers and the establishment of Free Trade (FT), Common Market (CM) and special treatment among Member States. Despite some challenges regarding the different legal frameworks of the RECS, there are area of similarities and plenty of rooms for integration. Hence, harmonising the legal frameworks of Southern African Development Community (SADC), the East African Economic Community (EAC) and the Economic Community of West African States (ECOWAS) has been made possible despite some challenges created by the various legal frameworks. Consequently, this article through a qualitative research method examines the various legal frameworks of SADC, EAC and ECOWAS through regional integration by looking into area of similarities and differences. The challenges posed by these legal frameworks through integration will further be examined before concluding with proposed solutions including recaps of legal frameworks thereby paving the way for further research in this area of the law.
Keywords: SADC, ECOWAS and EAC, regional integration and harmonisation, Africa Union, Abuja Treaty.
JEL Classification: K33DOI: 10.62768/PLPA/2025/14/3/07
HOW TO CITE - Please cite this article as: Masumbe, Paul S., „Harmonising the Legal Frameworks of SADC, EAC and ECOWAS Through Regional Integration Under the Abuja Treaty: An Analysis of the Similarities, Differences and Challenges”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 510-526.
- 8. A Comparative Analysis on Access to Information in Local Government
Administration Systems of South Africa and Türkiye
Postdoctoral researcher Hoitsimolimo MUTLOKWA
▼Abstract▼Access to information is a fundamental right that local administrative systems are compelled to follow when implementing service delivery. Türkiye and South Africa are clear examples of how the administrative system is shaped along the lines of political, social and historical factors. South Africa and Türkiye undertook reforms in their local government laws over the years. This paper strives to analyse how the two administrative systems have performed since 1994 in the case of South Africa and since 2002 in the case of Türkiye. The study draws inspiration from the ‘most similar cases principle’ of Ran Hirschl as a chosen methodology. This ‘most similar cases principle’ used in this paper builds on notion of certain events that have seen transformation in local government administration. This is case of South Africa after 1994, Local authorities had new in line with the new constitution Türkiye in 2002 as part of the EU accession plans which though never took place but still have an impact on new legislation after 2005 under the Local Administration Reform Project. The paper is guided by both international and regional law and will use the events, domestic law, and policy to gauge the level of access to information for residents.
Keywords: access to information, democracy, accountability, transparency.
JEL Classification: H83, K33DOI: 10.62768/PLPA/2025/14/3/08
HOW TO CITE - Please cite this article as: Mutlokwa, Hoitsimolimo, „A Comparative Analysis on Access to Information in Local Government Administration Systems of South Africa and Türkiye”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 527-554.
- 9. Comparative Law Analysis of Juvenile Delinquency
Lecturer Andra IFTIMIEI
▼Abstract▼The study entitled Comparative Law Analysis of Juvenile Delinquency proposes a complex approach, in the sense that the specialist works published so far in this field have addressed this issue in a limited way. Specifically, comparative criminal law studies have focused on comparisons between two states, far from the idea of comparing concepts from a systemic perspective. Thus, the idea of harmonising criminal law is based on comparative law studies, which must consider criminal law in all its forms as found in different legal systems. The objectives of this study are subsumed under the following ideas: identifying and analysing the forms of juvenile delinquency in different countries; identifying and analysing the types of punishment applicable in different countries; identifying the links between the different legal systems and categories of offences, and the punitive systems identified. The research methods used are the comparative method, case law analysis and analysis of legislative texts. In the countries studied, combating juvenile delinquency is a very important issue. In Germany, the number of crimes committed by minors is increasing compared to the level recorded before the Covid-19 pandemic, while in countries where juvenile delinquency is relatively stable, there is a trend towards younger offenders (Denmark) or a change in the type of offences (an increase in sexual assaults in Spain or forms of serious violence in Denmark and the Netherlands).
Keywords: juvenile delinquency comparative law.
JEL Classification: K14DOI: 10.62768/PLPA/2025/14/3/09
HOW TO CITE - Please cite this article as: Iftimiei, Andra, „Comparative Law Analysis of Juvenile Delinquency”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 555-567.
- 10. Withdrawing Tax Incentives and Pillar II:
Micula Versus Romania Reconsidered
Senior Lecturer Edwin VANDERBRUGGEN
▼Abstract▼To avoid the ultimate parent company jurisdiction of large multinationals from collecting a top-up Global Minimum Tax under Pillar II, many states will effectively eliminate their domestic tax incentive regimes by means of a Qualifying Domestic Minimum Top-Up Tax (QDMTT). As noted by scholars and practitioners, such a measure may raise international legal issues under investment treaties. This article reconsiders the Micula v Romania case, a rare investment award on the merits where the host state cancelling its tax incentives was the primary issue, to assess when a QDMTT could constitute a breach of fair and equitable treatment under investment treaties.
Keywords: arbitration, domestic top-up tax, fair and equitable treatment, Global minimum tax, ICSID, investment treaty, Micula v Romania, OECD, tax holiday, tax incentive.
JEL Classification: K33DOI: 10.62768/PLPA/2025/14/3/10
HOW TO CITE - Please cite this article as: Vanderbruggen, Edwin, „Withdrawing Tax Incentives and Pillar II: Micula Versus Romania Reconsidered”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 568-588.
- 11. Migrant Trafficking Networks. Where Is the Human Ethics?
Professor Ana CAMPINA; Professor Carlos RODRIGUES
▼Abstract▼The purpose of this paper is to present the result of the research aiming to answer the difficult and controverse question: Migrant Trafficking Networks. Where is the Human Ethics? Presenting the data, the International and European legal environment, as well as pointing out the action of the International Migration Organization. Although all efforts to give the protection needed to the migrants, prevent the worst violence and crimes committed against and millions of human beings. While legal and political governance instruments, the context is serious involving millions of persons, being a global reality requiring a serious and effective (re)action by all direct or indirect enrolled in this worldwide reality. The challenge is in the top of priorities to the International Community, to the States and their Governments. Are the International and European Laws being applied? The International Community is being able to give the need answer to this complex and critical reality? There is Human Ethics in the migration governance? Which is the result of the migrant trafficking networks fighting? These are some questions that were the support of our research that we try to analyze and summarize in this paper.
Keywords: migration, trafficking, ethics, international law, governance.
JEL Classification: K33, K37, K38, K40DOI: 10.62768/PLPA/2025/14/3/11
HOW TO CITE - Please cite this article as: Campina, Ana & Carlos Rodrigues „Migrant Trafficking Networks. Where Is the Human Ethics?”, Perspectives of Law and Public Administration 14, no. 3 (October 2025): 589-606.
