JOURNAL LEGAL AND ADMINISTRATIVE STUDIES July 2024

Domestic violence has specific characteristics that distinguish it from violence encountered in other social contexts. The close and intimate interpersonal relationships between family members amplify the impact and complexity of this phenomenon. The Romanian legislator’s adoption of the Law on Prevention and Combating Domestic Violente in 2003 was an important step in addressing this serious problem. However, it is obvious that Romanian society has evolved since then and tis needs have also evolved. Despite legislative efforts and increased awareness of violence, the phenomenon has not been significantly reduced and, in some cases, has even increased. The Romanian legislator noted that, in addition to criminal legal instruments, a comprehensive and integrated approach should be necessary to provide adequate support and protection to all victims of violence, regardless of the context in which it takes place. Thus, the adoption of the extended protection order is an innovative and necessary measure aimed at providing support and protection to any victim of violence, whether he or she is a family member or is experiencing violence in another social context. This initiative reflects the continuous efforts of the legislator to adapt the legislation to the current needs of society and to ensure that all those affected by violence can receive adequate support and protection.

Romania's accession to the European Union has determined, among the many benefits, also trends in the manifestation of criminal ideas, such as organized crossborder crime. This aspect boosted the development of concrete and effective legislative frameworks, which contravene the anti-social behavior of the nationals of the member states.Judicial cooperation in criminal matters is based on the principle of mutual recognition of court judgments and judicial decisions and includes measures to connect Member States' legislation in several areas. Thus, this article proposes the analysis of the European investigation order, as one of the main means of obtaining evidence in the European criminal process.

The applications of artificial intelligence is definitely useful towards beneficial of society and can preserve all positive aspects linked with society. The primary intention in this study is to focus on impacts of artificial intelligence from social and legal perspectives. This specific application in general may be provisioned with executable framework addressing the challenges enhancing the usage of several applications linked with human rights. However, this study may not be so inclusive on the technological and business oriented aspects, but more inclined with the legal, social as well as algorithmic aspects. Usually, artificial intelligence is designed to perform specific functions in a way better and efficiently. Of course the perception of the development may revolve around its propensity to interfere with human rights. Usually, the experimentation on the intelligent system may not be identical as carried out by traditional mechanisms; somehow the relation of an intelligent system emanating from Artificial Intelligence may not include the rights in all respects. Also as a part of contribution, it can ease the day to day activities and monitor the human rights effectively. In this work, the several aspects of intelligence based on human rights are prioritized.

This study starts from the analysis of the public office as a specific legal institution of administrative law, highlighting the particularities in doctrine and case law that constitute elements that may lead to dismissal from public office.

Education is a crucial sector of society, but it does not always receive the attention from governments that it rightly deserves. Nevertheless, many of its issues are not solely dependent on the funding brought into the system, but rather on a comprehensive, integrated approach to the entire education system. The advent of the Internet – as the first major step in digitalisation – and subsequently the capabilities of Artificial Intelligence (AI) have disrupted a functioning logic that has been established for centuries, which has not been advantageous for the system. However, these technologies are here, and their effects on education multiply every day, one of which is an almost natural increase: plagiarism in universities. The contemporary context necessitates – across the full spectrum of digital systems' capabilities – that the debate on plagiarism and its prevention holds a prominent place. This is essential to preempt the numerous issues that will inevitably arise should there be a lack of prudent regulation. The text I propose will examine this situation within the dynamic framework of advancing Artificial Intelligence capabilities.

Confronting criminal phenomena that go beyond the borders of their own territories, states have realized that only their own tools to combat them are insufficient, requiring a joint effort. In the effort to combat the phenomenon of crime, it was realized that the best results against crime can only be obtained through an extensive and complex cooperative activity. In this material, we will highlight the historical course of international judicial cooperation in criminal matters on the European continent, but also in the Romanian national framework.

Insurance, through its valences, of an economic, technical and legal nature, also fulfills socio-economic functions to which is added the protection of people and goods against various risks. These materialize in the following functions: compensation of damages caused to the insured, prevention of damages, of a financial nature, as a result of the establishment of the insurance fund, of distribution in the process of distributing the annual profit, of control, of saving, of supporting the state.

The central objective of our research is to analyze and evaluate the digital transformation in the insolvency area, by identifying transformative methods and technologies that allow the robotic automation of processes, simplifying the work of insolvency practitioners, the acceleration of repetitive tasks, the creation of platforms for virtual tours of the insolvent debtor's assets by creditors and more, all of which create opportunities for legislative reform and ensuring the success of global and local insolvency practices, helping to shape and strengthen a "rescue culture", in accordance with ethical guidelines in business. What we propose is to outline answers to questions such as: Can AI become an “ally” of the debtor for the successful implementation of a judicial reorganization plan or for making a correct decision, in the sense of reorganization or liquidation of their business, anticipating economic changes and potential profit results? Is AI able to provide tailored specialist assistance to a debtor in financial difficulty, so that it adopts the optimal solutions for the recovery of the business in a timely manner? Can AI become a real support in the work of insolvency practitioners? Can AI provide the necessary support in the (r)evolution and success of insolvency practices, with an impact on the effervescence of restructuring and reorganization cases?

This work intends to provide a brief exposition of some concepts frequently used in Business Law nowadays, and subsequently to analyze the relevance of these themes, how they can be employed as a smokescreen to conceal the true interests of business management. In addition, it seeks to discuss ISO 26000, the 2030 Agenda and the correlation of these commitments with business management practices and the commitment to social responsibility. Finally, yet importantly, it presents the challenge of data analysis since the interest in profit is achieved by companies even when it is not openly defended that this is the organization's priority. Furthermore, the power that information on social networks and social judgment on corporate actions have is a relevant point in terms of strategy and corporate culture. Keywords: Corporate social responsibility, business ethics, corporate conduct duty.

This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time now, can unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being.

The institution of a complaint for violation of a party's right to a hearing within a reasonable time has two clearly distinguishable legal dimensions. The first is the European dimension, which became in Poland the cause of the introduction into the legal order of the relevant legal solutions related to the excessively long and harmful to the parties conduct of proceedings before the judicial authorities. As a consequence, the second legal dimension - domestic - was created. Originally, it concerned only the determination of protractedness in a given judicial proceeding. With the passage of years, the strong influence of ECHR case law has resulted in the evolution of domestic normative construction and their extension to pre-trial proceedings, conducted by law enforcement agencies, and to enforcement proceedings, conducted by bailiffs. This interesting coincidence is the main content of the article, which discusses in detail the most important threads of the title issue and reveals the main practical aspects related to the application of legal norms dedicated to persons against whom the judicial authorities act too dilatorily.

As we know, fundamental rights are the result of a long process of historical maturation, which involves struggle, achievements and sometimes even setbacks. The meaning of the expression “horizontal effectiveness” points to the effectiveness of fundamental rights in the course of private relationships, that is, to those relationships in which the State does not act directly.

The rule of law is the central principle of every human-centered, i.e. liberaldemocratic constitution. The state community is bound to the law in its hierarchical structure; the primacy of the constitution is essential to today's constitutionalism and extends the earlier restriction of the rule of law to legality, i.e. to the primacy of the simple law over the executive. The normative existence of this principle is independent of whether it is a written or unwritten part of the constitutional order. The example of Great Britain, with parliamentary sovereignty as the supreme constitutional principle, shows how difficult it is to safeguard the rule of law against unrestricted access by the legislature. From a comparative legal perspective, a constitutional model of the rule of law has emerged.