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COMPUTER PROGRAMS AND THEIR LEGAL PROTECTION FROM THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW
Magdalena Silvia ILIEJuly 2023The protection granted to computer programs by copyright has been the subject of numerous studies and cases both domestically as well as internationally. Regardless of their literary or scientific nature, it is certain that, according to Directive no. 91/250/CEE and Law no. 8/1996, computer programs are "works" and, by way of consequence, to the extent that the internal and international regulations intended expressis verbis for their protection do not provide, the norms devoted to works, in general, are incidental. As a result, the author of the computer program benefits (appropriately) from the moral and patrimonial rights. -
UNIONS AND CIVIL PARTNERSHIPS BETWEEN PERSONS OF THE SAME SEX. LEGAL EFFECTS IN EUROPEAN CONSENSUALISM
Maria-Andreea STANJuly 2023The evolution of society is unpredictable, largely influenced by the sociopolitical-economic factor. Thus, the development of a legislative framework for the new social relations has an imperative character, justified by the need to establish certain rights and obligations towards the beneficiaries and the rest of society. The purpose of this article is to highlight some existing situations in the legal reality, situations that do not benefit from a homogeneous legal regulation within the member states of the European Union, which derives in the form of social and legal conflicts. Through the ideas to be evoked, we will outline the normative differences between the states in the union space, regarding the fundamental right of each person to marry and found a family, viewed through the spectrum of diversity. -
RETHINKING THE PRIVILEGE AGAINST SELF-INCRIMINATION
The General Regulation on personal data protection, adopted on 27 April 2016, is the act by wich the reform on data protection in the European Union has been completeed. The processing of personal data is governed by a set of principles, the first of the principles regulated by the GDPR is the principle of lawfulness, fairness and transparency in processing of personal data. In accordance with this principle, personal data can be processed only on the basis of one of the 6 elements provided by the GDPR, the controllers must act in accordance with the will of the personal data subject, who must be informed of the way in which his or her data is processed. -
PUBLIC DECISIONS IN CRISIS SITUATIONS
Sorina IONESCUJuly 2023The global crisis generated by Covid 19 has helped to understand that, in these times full of unpredictability, public decisions must become effective and responsible. But, even though the public authorities faced this global crisis, the current situation generated by the new war generated an important wave of instability. -
NATIONAL AND EUROPEAN JUDICIAL PRACTICE REGARDING THE CONCESSION AND SUPERFICIES AGREEMENTS, AS TOOLS FOR THE EXPLOITATION OF LANDS PRIVATELY OWNED BY THE STATE AND ADMINISTRATIVE-TERRITORIAL UNITS
Raluca CHELARUJuly 2023As stated in the first part of this study (“National and comparative law regarding the concession and superficies agreements, as tools for the exploitation of lands privately owned by the State and administrative-territorial units”), often, local public authorities call for the establishment of superficies in favour of investors interested in building on the lands that are privately owned by administrative and territorial units. While such a possibility is not expressly forbidden by the legislation, the Romanian Administrative Code seems to limit the ways of exercising the right of private property of the State/administrative and territorial units. Thus, the most appropriate institution would seem to be that of the concession, which involves following the same arduous procedure as in the case of the public property of the State. Doctrinal and jurisprudential opinions are divided, but recent decisions of the Constitutional Court, but also of the Court of Justice of the European Union are a reference in the field and must be taken into account in practice, alongside with TFUE and European directives provisions. -
A CRACK IN THE DEFENSE OF PUBLIC OWNERSHIP OF FOREST LAND
Andrei SOAREJuly 2023This article does not aim to highlight the importance of forests for mankind but, starting from this axiom, presents some of the shortcomings encountered in practice regarding the legal protection of publicly owned forests, while offering some remedies. -
THE REGULATIONS ON THE ACADEMIC ETHICS AND DEONTOLOGY. A PLUS OR A SURPLUS BROUGHT BY THE NEW HIGHER EDUCATION LAW?
Andreea TABACUJuly 2023The new higher education law no. 199/2023 sought to regulate the issue of university ethics and deontology in a unitary manner in order to avoid recourse to the provisions of different regulations regarding members of the academic community. Unlike the previous law, which did not carefully refer to this area, understanding that it should be supplemented with the provisions of L. no. 206/ 2004 there are also some aspects that require additional clarification and interpretation to determine the applicable law, even if it seems that the legislator aimed for all aspects related to the activity carried out in higher education institutions to be regulated by this new normative act. -
THE THREE HORSEMEN OF POVERTY – A LEGAL STUDY ON PERSONAL INSOLVENCY
Bogdan RADU; Filip STĂNCULESCUJuly 2023The article is concerned with the legislation and regulation of social awareness processes on the effects of certain types of services or products that can impact people's lives when they are not used in a responsible way causing them to go bankrupt. The authors address from a socio-legal perspective the issues of smoking, gambling and debt in a way that has relevance to personal insolvency procedures. The article concludes that the state plays a fundamental role in the harmonious development of its citizens and to maintain its evolution regarding social norms in relation to current social realities. -
THE WORKING TIME AND DUE SALARY RIGHTS, DURING THE SECONDMENT PERIOD, IN THE CASE OF DRIVERS WHO CARRT OUT INTERNATIONAL ROAD TRANSPORT OR CABOTAGE, IN TERRITORY OF THE EUROPEAN UNION
Carmen Constantina NENU; Amelia Veronica GHEOCULESCUJuly 2023Mobile workers who carry out international road transport activities, benefit from specific European and national regulations, adapted to the particularities of the work performed. In the context of special occupational risks, the protective dimension of health and safety at work is reflected both in the establishment of maximum driving times, but also in the maximum working time, as well as in ensuring the appropriate remuneration, throughout the period that the work is carried out under the same conditions with workers from a member state of the European Union. These rights of mobile workers are the object of analysis of this study, determined by the intervention of the European institutions in imposing some measures in the mobility packages applicable to drivers who carry out international road transport or cabotage operations on the territory of the member states and the reaction of the national legislator in their implementation. -
GOVERNEMENTS VS. PARLIAMENTS. COMPETITION FOR LEGAL AND POLITICAL SUPREMACY. BRIEF CONSIDERATIONS
Marius VACARELUJuly 2023One of the most important debates of recent decades has been that of the relationship between parliaments and governments in relation to the power they should hold in society. The 20th century and the last few decades have been a unique situation in history, in which political rights have spread widely, irrespective of the limitations that political actors have set. In this perspective, it becomes imperative to know not only the rights established by the constitutions of national political-administrative bodies, but especially the power relationship between them, especially in the sphere of lawmaking. For too many people the political competition is more important than the strength of the law and the entire legal system. However, it is time for a re-evaluation of the political power concept, as citizens of most countries in the world are not particularly satisfied with their own governments. Hence, a need to analyse and perhaps redefine some of the characteristics of the two institutions in order to establish a new relationship between the citizen and the state in this century. Governments and parliaments must become more present in the intellectual life of citizens, and this will lead to clarifications of their power in the political sphere, but especially in the enactment of legislation. -
FROM THE PRINCIPLE OF SUPREMACY OF LAW TO THE PRINCIPLE OF SUPREMACY OF LIBERTY
Marius ANDREESCU; Andra PURAN; Ramona DUMINICĂJuly 2023Any attempt in the sphere of humanities to characterize and explain man in his individuality, but also in the social existential context, relates to the issue of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only created being whose fundamental ontological dimensions are freedom and spirit. In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation is conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological foundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people. -
RULE OF LAW, LEGAL CERTAINTY AND ECONOMIC DEVELOPMENT: FREEDOM OF ENTERPRISE IN THE SPANISH CONSTITUTION
Legal certainty is one of the supreme values of the Rule of Law. Citizens have the right to know with certainty what their rights and duties are, the consequences that will be attributed to their actions or omissions, the predictability of the legal effects of his acts. The principle of legality, the masterpiece of the Rule of Law, has, above all, this purpose. Confidence in the Law is not only a requirement of freedom, but also of the efficiency and prosperity of a society. Not just in the long term, but even in the short term, the prosperity of nations is based, more than on their natural wealth, on their civility, on the respect for the rules for coexistence, the market, contracts, property and, above all, of the Law, which is what keeps all of the previous, standing. Respect for the established law, compliance with the rules, the autonomy of the institutions, the separation of powers and their functions, the intervention and control of public spending, etc., is the secret of good government. -
BEING AND NOT BEING: THE BORDERS BETWEEN NATIONALS AND STATELESS PERSONS. THE CASE OF THE BALTIC COUNTRIES
Alina Elena RÂMARUJuly 2023Not only the right to a nationality is a recognized human right, but also the statelessness supposes a lack of other rights, though without a nationality, a person has no legal protection, no right to vote, no employments and no education. More than four million of stateless persons are living all over the world and more than half million in Europe. The case of the no citizen people with alien passport or persons without a determinate nationality is a particular case of statelessness in the Baltic Countries. The status of these persons based on the national legislations has its echo and influences their foreign status in other EU countries like Spain. Although UNHCR planted on abolish the statelessness until 2024, this doesn’t seem realistic, therefore urges a more implication from all the states, new practical administrative measures or new conceptions. -
THE UNIVERSALITY OF THE RULE OF LAW – SOME CONSIDERATIONS
The rule of law is at the center of contemporary constitutionalism. It means the binding and exclusive application of law by the institutions endowed with public power. These processes, acts, omissions and also factual processes, must comply with the law. There must be no lawless spaces. Political and legislative discretion is also not free of law. The choice of means, the timing of their use and their content are genuine tasks of politics, but their use, in whatever variant, must not contradict the law. -
HISTORICAL STAGES IN THE EVOLUTION OF CONSTITUTIONALISM IN ROMANIA
Daniela IANCU9 December 2024The constitutional evolution of Romania reflects the cultural traditions, social realities, the degree of economic development and the degree of democratization. The evolution was not simple, it has a complex dimension that involves the multitude of constitutive factors of society. It is marked by normative acts with constitutional value through which, over time, social relations regarding power and fundamental human rights have been regulated. This legal materialization of the will of the rulers is directly determined by the social realities existing at a given time. In Romania, as in other European states, constitutional evolution signifies the democratization of the exercise of power, the limitation of the discretionary powers of the state, the affirmation of the principle of democracy regarding the social, political, and legal organization in the state, and the consecration of fundamental civil rights and freedoms. Constitutional development reflects political, legal, economic reality, traditions, but also international influences along with the adoption of democratic ideas affirmed at the end of the 18th century and the beginning of the 19th century. -
EXERCISE OF A RIGHT OR FULFILLMENT OF AN OBLIGATION. JUSTIFYING CAUSE
Cătălin BUCUR9 December 2024The Criminal Code, in the General Part, Title II, Chapter II, Art 21, states that “(1) the act provided for by criminal law consisting in the exercise of a right recognized by law or in the performance of an obligation imposed by law, in compliance with the conditions and limits provided by law” and that “(2) the act provided for by criminal law consisting in the performance of an obligation imposed by the competent authority, in the form provided by law, is also justified, if it is not manifestly unlawful”. -
EXTRADITION - ONE OF THE OLDEST FORMS OF INTERNATIONAL COOPERATION
Andreea CORSEI9 December 2024Extradition is a form of international cooperation in criminal justice and is based on the fact that each country accepts the decisions of courts in other countries. Each country has different views on different crimes and how they should be investigated and punished. The purpose of extradition proceedings is not to establish whether or not a person is guilty of the act on which the extradition warrant is based. This is a problem that will only be resolved after the wanted person has been brought back to the country that issued the request. The European Arrest Warrant operates on the principle of mutual recognition: judges are obliged to treat the warrant at face value without regard to the facts set out in the warrant or to require the issuing State to show that it has sufficient evidence to handle the case. EU countries also have no right to refuse to extradite their nationals under the European Arrest Warrant procedure. -
NON-PAROLE PERIODS IN SOUTH AFRICA: ANOTHER REMINDER FROM THE CONSTITUTIONAL COURT IN SITHOLE v S, 2024
Esther GUMBOH9 December 2024The early release of offenders on parole allows them to leave prison before the expiry of the sentence and serve the remainder in the community. In South Africa, the decision to grant an offender parole was traditionally the sole function of the executive. Since 2004, courts are empowered by section 276B of the Criminal Procedure Act 51 of 1977 to postpone the release of offenders on parole until they have served a determined period, known as a non-parole period. This provision is an extension of the sentencing process and potentially limits the rights of offenders to not be deprived of liberty arbitrarily and to a fair trial. Thus, non-parole periods may only be exercised in prescribed situations when exceptional circumstances exist and the parties have been given an opportunity to be heard. However, it is evident from case law that, in practice, these requirements are not always complied with by courts. In December 2024, the Constitutional Court of South Africa in Sithole v S [2024] ZACC 31 again reminded trial courts of the requirements for the imposition of non-parole periods. Sithole demonstrates that despite 20 years of established judicial precedent, the practice of non-parole periods in South Africa remains non-compliant with the legal framework. This leaves offenders at risk of unjustifiable violations of their constitutional rights and warrants legislative intervention. -
SOME REFLECTIONS ON THE EFFECTIVE PROMOTION OF ROMANIAN JUDGES TO THE TRIBUNALS, SPECIALIZED TRIBUNALS AND COURTS OF APPEAL UNDER LAW No. 303/2022
Viorica POPESCU9 December 2024In modern organizations, whether in the public or private sector, proactivity has become a fundamental element of success. Retaining high-performing employees is a challenge in this era of limitless careers. Although Romanian judges enjoy irremovability and independence according to the statute, access to higher courts by promotion is not only a personal desire and a way to facilitate professional development, but also a way for the judicial organization to ensure its performance and consequently confidence in the act of justice. The law adopted by the Romanian legislator in 2022 maintained the two forms of promotion to the higher courts, one effective and one on the spot, but established different ways of carrying out the promotion process. This article aims to make an analysis of the way in which the process of effective promotion of judges at the Tribunals, Specialized Courts and Courts of Appeal is carried out, not only in relation to the national legislation, but also in relation to the criteria laid down in the international regulations in this field. -
INDEPENDENCE OF THE JUDGE – AS A PRINCIPLE OF CRIMINAL PROCEEDINGS
Liliana CATANA9 December 2024The independence of the judge as a principle of criminal procedure is a fundamental element of the rule of law and of guaranteeing a fair trial. This principle ensures that the judge performs his duties without external influences or pressures, being guided exclusively by the law and his own professional conscience. The independence of the judge is essential for the respect of the fundamental rights and freedoms of the persons involved in the process. In conclusion, the independence of the judge is not just an abstract principle, but a practical foundation for the proper functioning of the criminal procedure. It ensures the respect of fundamental rights and freedoms, protection against abuses and maintenance of confidence in the justice system. -
SUPREME COURT RESOLUTIONS AND THE JURISDICTIONAL INDEPENDENCE OF THE COURTS
Igor ZGOLIŃSKI9 December 2024The normative positioning of the Supreme Court in Poland entitles one to conduct a twofold analysis. On the one hand, it is possible to look at this court from the functional side, understood as the procedural role of the highest judicial instance in the prism of related tasks. On the other hand, it is also possible to carry out a strictly systemic analysis, understood as a set of legal regulations outlining the position of this Court in the structure of the judiciary and the organisational solutions in force within it. The scope of analysis of this article, due to the narrowly defined nature of the study and the multiplicity of procedural legal constructions, was limited to the sphere of resolutions issued by the Supreme Court. The aim of the article is therefore to analyse a certain section of the functional role of the supreme court in Poland, precisely in the form of these specific rulings. Indeed, the Supreme Court's resolutions are a direct emanation of the essential function entrusted to it by the Polish Basic Law, but they also constitute a break from the principle of jurisdictional independence. They are, however, burdened with certain shortcomings. For this reason, legal views on their nature and the need for their existence in Polish law are sometimes extremely different. -
REGULATING SOCIAL MEDIA: FACEBOOK, TIK-TOK AND GOVERNMENTAL INTERESTS
Marius VĂCĂRELU9 December 2024Literature of any kind – philosophical, scientific, fictional, etc. – has revealed for thousands of years the human need to live in communities, seeking to establish relationships that are as mutually beneficial as possible with all other members of society. This desire is instinctively understood from the first months of life, and this phenomenon can be observed in any living being – animal or plant – because in the absence of communities of the same species, there is no future; reproduction ceases, leading to inevitable extinction. Communities, once formed, have an interest in expanding or improving the quality and well-being of their members. Thus, economic development programs can be created, which will succeed if there is social harmony within the community. Social harmony can be fostered through certain types of policies that encourage not only pragmatic connections between people but also entertainment and coexistence based on mutual support. The 21st century has brought to the forefront a unique form of community, namely the electronic, transnational one, which allows for human connections at an intensity and scale unprecedented in history. These communities aggregate on social networks, and certain legal situations in recent years compel a response to the question: can these entities be regulated, and if the answer is affirmative, based on what principles? This text will seek to provide an introduction to this debate, in relation to a decision recently adopted by the U.S. judiciary regarding one of the most important social networks, namely TikTok. -
THE LEGAL CONTOURS OF ELECTORAL RIGHTS COVERED BY ART 22 TFEU – AN EXTENDED PERSPECTIVE OFFERED BY THE CJEU
Mihaela OPRESCU9 December 2024The judgments in Cases C-808/21 and C-814/21 provide a new perspective on the legal contours of the electoral rights covered by Article 22 TFEU. The CJEU, seized in two infringement proceedings, was called upon to determine the content of electoral rights, in the light of the principle of non-discrimination. In other words, does that principle relate solely to the right to vote and to stand as a candidate or to other ancillary measures guaranteeing participation in political life? This study aims to shed light on the architecture of the CJEU's legal reasoning in the two cases, emphasizing that the right to participate in the democratic life of the Union is enforceable not only against the European institutions, but also against the Member States, insofar as the latter, through legislative and administrative measures, restrict such a right or diminish its effectiveness. -
HUMAN RIGHTS IN ARMED CONFLICTS: THE RELATIONSHIP BETWEEN INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL HUMAN RIGHTS LAW
Anastasia CATANA9 December 2024There is no armed conflict (or even political conflict, in the strict sense of the term) in which the issue of human rights violations does not arise. Moreover, it is absurd to believe that there can be an open conflict that does not affect the rights of the civilian population. As in any debate that is simultaneously sociological, political, legal and international relations, terminology is a key variable. If we talk about war crimes, we theoretically and legally more correctly frame this collective crime in the context of a type of interaction between two states. A concept such as crimes against humanity also covers the situation in which we criminalize, for example, the crime of a political regime against its own population, against a minority, not just a war between two states or a civil war between well-determined parties. -
ARTIFICIAL INTELLIGENCE AND THE TRANSPORT SYSTEM
In the digital age, artificial intelligence (AI) is intervening in many areas, and the transport industry is no exception. AI has the potential to significantly transform the way this sector operates, bringing significant benefits in terms of efficiency, costs and sustainability. We will explore the different ways in which artificial intelligence can be integrated into transport management and how it can revolutionize this field. Artificial intelligence (AI) represents the next frontier in logistics innovation, with the potential to make transport more efficient by minimizing costs and maximizing profit, but also by ensuring the safety of transport.
ISSN (online) 2286 – 3702
ISSN–L 1454 – 3907
Granted by the National Library of Romania
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