JOURNAL LEGAL AND ADMINISTRATIVE STUDIES December 2023

Dual university education is a form of education that combines theory and practice in a closer way. Students learn both at university and at work, alternating between periods of theoretical and practical study. This system provides students with the opportunity to develop their practical skills while continuing their academic studies. It's a great way to get hands-on experience in the field they want to work in, preparing them for the labour market.

The newly adopted Law 199/2023 on higher education, emphasize the notion of lifelong learning, giving it special regulation in Title II, title that regulates the general and integrative framework of lifelong learning programs organized at the leve lof higher education. The legislator’s intention to adress this concept in detail demonstrates the particularly important role that lifelong learning has on both the individual and society.

Foundation of individual development and, also, of society’s as a whole, education represented and represents a major concern both at European and national level. The realization and further development of the European space of education represents the general political objective of the new strategic framework for European cooperation in the field of education and training at the level of the European Union. In the National Strategy for the Sustainable Development of Romania 2030, among the objectives for sustainable development is the guarantee of the quality in education, the access and the participation in education base don quality being considered essential for the proper functioning of a sustainable society. Ensuring the quality of higher education, through a series of processes carried out for the purpose of its permanent improvement, contributes to the formation of the trust of the beneficiaries in the educational institution’s ability of to offer education services in accordance with quality standards.

The idea of the originality of the work prepared in the university environment, whether by the teaching and research staff or by the student, master’s, or doctoral student, is essential for achieving the goal pursued by higher education institutions. However, the notion is not defined, and its concrete verification causes controversies. The technical means available to the universities cannot correctly rule on this condition if the result is not superimposed on human analysis.

According to Art 30 of the Criminal Code, an act provided for by the criminal law and committed by a person who, at the time of its commission, was unaware of the existence of a state, situation or circumstances on which the criminal nature of the act depends does not constitute an offence. Although it is not accepted everywhere, in some branches of law, such as the criminal law, being even sanctioned in some cases, error is an absolutely natural phenomenon that simply happens, independently of our will.

It is legal norms that play a crucial role as far as social participants are concerned, maintaining order, stability and balance. By defining what is legal or illegal, the law acts as a factor that discourages behavior or activities that would fall within the scope of the illicit, providing the social protection to which citizens are entitled. In this sense, the great philosophers of the world have explained the process by which rudimentary human communions were transformed into today's modern societies by means of legal norms. Called in the literature as the "theory of contractualism", Jean-Jaques Rousseau explained that in order to reach a social balance in a society, it is necessary to have rules for the participants in social life to respect, giving in exchange a part of the freedom absolute with which they were born. "In this way, a "social contract" is born between individuals, who through free will renounce to manifest themselves freely in an arbitrary manner, accepting a series of rules of social coexistence, which the group imposes on the individual in the form of laws." This was an initiating and explanatory point for the emergence of legal norms, because through the definition of the social contract, the citizens tacitly accepted and recognized the principles established and established as law. "Precisely this contract and the accession of all citizens guarantees the legitimacy of the laws, and their imperative character, being the force of law that must replace the law of force (Sandu, 2023, p. 8).

Most of the time, the idea of politicization of the public function, public administration and public law are described either from the perspective of complete objectivity, or from that of practical situations. The fact that the political power wants its vision to be applied uniformly at the scale of a country is something normal, understood by all discerning adults. But it is not acceptable by the same adults, because history and life have provided numerous examples through which it has been observed that too much political influence brings more negative results than those produced by a competent and neutral administration. The political vision is impossible to eliminate from a state, because major decisions are ultimately political decisions, adopted by political leaders. However, states are not immovable entities, in which social systems function according to mathematical equations, and from here several phenomena appear, among which that of citizens' loyalty to their own state. Thus, an analysis – even introductory – of the relationship between the political environment, the legal framework of a country and the loyalty of citizens is necessary, in order to be able to offer arguments in the direction of limiting the discretion and even the arbitrariness that the political environment can manifest.

This paper studies the development process of the personal data protection system that deepens its roots in privacy rights and extends its scope towards the free development of personality. All this from a global and historical evolutionary perspective with the intention of contributing to a solution to the problem of mass processing of personal information that affects the extension and limits of other fundamental rights.

The problem of criminal procedural coercion can be viewed from several points of view, which touches the most diverse aspects of regulating the behavior of subjects in the criminal process. Criminal procedural coercion penetrates not only into the sphere of legal relations, rights and personal interests guaranteed by the state through the Constitution of the Republic of Moldova, but also into the sphere of psychological and ethical relations.

Startups provide an opportunity to create a product that society needs. Innovation requires ideas based on everyday life. The development of innovation requires conditions that are usually combined into a startup ecosystem, an environment in which seemingly simple ideas are transformed into innovative startups, and then transformed into a business. Startups are realized ideas created with the goal of producing products that consumers need. Risky ideas, if successful, can become businesses that generate significant income. Each of us knows startups such as Facebook, Amazon, Apple, Netflix, Google very well. Founders, now already angel investors, once took the risk to create them, now they are successful ideas that turned into giants.

The countries that have achieved the greatest material prosperity are those that have enjoyed freedom of initiative, freedom of association, freedom of labor, and freedom to use and trade acquired property. Economic freedom is an inseparable part of individual freedom, together with political freedom and civil liberty. It is true that the free initiative of individuals is the first key to progress, but institutions cannot be absent. Institutions are important because we need rules to regulate, for the benefit of all, the activity of individuals and companies, and an authority to enforce them.

In a democratic society, it is essential that the courts, in exercising their jurisdictional powers, enjoy independence. One of the guarantees of the rule of law is the independence of judges and of the judiciary as a whole. For the proper functioning of a society governed by the rule of law, cases must be decided independently of any influence.

Ethics, artificial intelligence and human rights are undoubtedly three interconnected concepts that present challenges in today's times. Through artificial intelligence, the way we live and work is being transformed, but it is not far from important ethical and/or legal dilemmas. Ethics is very relevant in artificial intelligence as the technology can be used for good or bad, so it is necessary to ensure that it is used responsibly. The same goes for human rights, as they must be respected in any context, including in artificial intelligence, as it can be used to monitor people, collect data, etc., which can and do have a high impact on human rights.

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 principles of unity, coherence and completeness represent the traditional idea of a legal system. The principle of coherence presents practical difficulties, because the criteria for resolving normative antinomies do not always offer an unambiguous solution. The problem goes deeper. These criteria, far from being inherent to legal reality, are relative and circumstantial. Its acceptance as a way of solving antinomies hides the real representation of the legal norm as the attribution of meaning to normative provisions. It also hides the real representation of the idea of the legal system as an expression of the dominant legal culture.

Progress in science and technology is essential for overcoming global challenges. Legal issues arise in a variety of ways. Under constitutional law, it is important to assume that the State has an obligation to promote the development of technology, but also to protect against its dangers. This obligation arises from various points of view, in particular from the State's obligation to protect the values enshrined in fundamental rights and also to ensure the development of society. This a particular concern of the principle of the social State or, in some constitutions, the idea of fundamental social rights. However, the principle of the rule of law and its individual elements are also essential for the legal assessment of technology. The aspects of the certainty of the law are of great relevance, as is the requirement that important technological decisions are not made by the administration, but only by the legislator, and also that detailed questions are decided by the administration, but on the basis of certain authorizations by parliament or, in some systems, on the basis of the autonomous normative power of the executive. Prognosis decisions are also important, as the development of technological facilities is dynamic and not all future effects can be foreseen in the present.