Serghei BRÎNZA, Facultatea de Drept a Universității de Stat din Moldova, Vitalie Stati
To ensure a proper prevention and combating of sexual exploitation and sexual abuse against children the provisions of the special parts of Moldovan and Romanian Criminal Codes should be in line with art. 18-23 of Lanzarote Convention. However, Moldovan and Romanian Criminal Codes do not reflect entirely these provisions. Unjustified deflections from the provisions of art. 18-23 of Lanzarote Convention have a negative impact on unifying the international provisions on preventing and combating sexual exploitation and sexual abuse against children. To facilitate the compatibility of the special parts of Moldovan and Romanian Criminal Codes with Lanzarote Convention, the authors of this article highlight solutions to improve legal provisions.
{"title":"Convenția de la Lanzarote privită prin prisma unor prevederi din partea specială a Codului penal al Republicii Moldova și din cea a Codului penal al României","authors":"Serghei BRÎNZA, Facultatea de Drept a Universității de Stat din Moldova, Vitalie Stati","doi":"10.31178/aubd.2021.04","DOIUrl":"https://doi.org/10.31178/aubd.2021.04","url":null,"abstract":"To ensure a proper prevention and combating of sexual exploitation and sexual abuse against children the provisions of the special parts of Moldovan and Romanian Criminal Codes should be in line with art. 18-23 of Lanzarote Convention. However, Moldovan and Romanian Criminal Codes do not reflect entirely these provisions. Unjustified deflections from the provisions of art. 18-23 of Lanzarote Convention have a negative impact on unifying the international provisions on preventing and combating sexual exploitation and sexual abuse against children. To facilitate the compatibility of the special parts of Moldovan and Romanian Criminal Codes with Lanzarote Convention, the authors of this article highlight solutions to improve legal provisions.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116619825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Andrei Negru, Facultatea de Drept a Universității de Stat din Moldova, Natalia Creciun
The purpose of the paper is to estimate the possibility to design a faultless model of judicial inspection body, which would contribute equally to guarantee judicial independence and judicial responsibility, as a mechanism of exercising good judicial self- governance. To achieve the purpose the organization and the functioning of the entity with specific attributions of judicial inspection have been examined and the international standards in this field have been interpreted. As a conclusion, we found that it is impossible to design a universal model of judicial inspection. This fact, however, does not exclude the possibility of institutionalization of a judicial inspection that is appropriate for a certain judicial system, for a certain legal system, with constant concern for the reformation of such an entity, in the general context of consolidating Justice.
{"title":"Poate oare fi proiectat un model universal al organului de inspecție judiciară?","authors":"Andrei Negru, Facultatea de Drept a Universității de Stat din Moldova, Natalia Creciun","doi":"10.31178/aubd.2021.10","DOIUrl":"https://doi.org/10.31178/aubd.2021.10","url":null,"abstract":"The purpose of the paper is to estimate the possibility to design a faultless model of judicial inspection body, which would contribute equally to guarantee judicial independence and judicial responsibility, as a mechanism of exercising good judicial self- governance. To achieve the purpose the organization and the functioning of the entity with specific attributions of judicial inspection have been examined and the international standards in this field have been interpreted. As a conclusion, we found that it is impossible to design a universal model of judicial inspection. This fact, however, does not exclude the possibility of institutionalization of a judicial inspection that is appropriate for a certain judicial system, for a certain legal system, with constant concern for the reformation of such an entity, in the general context of consolidating Justice.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132779176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
"This article examines the legal institution of the challenge against the delaying of proceedings, having as premise the raison d’être of this institution. The Romanian legislator took a first step towards conducting proceedings if not within an optimal and foreseeable period, at least within a reasonable one, by amending the Code of Civil Procedure to introduce the institution of the challenge meant to expedite the conducting of civil trials. Throughout this article we will look at how the challenge against the delaying of proceedings has been regulated, but in particular at the problems that have arisen in practice. Finally, several proposals de lege ferenda are put forward, which should be implemented by the legislator in order for this legal institution to achieve the purpose for which it has been adopted, followed by a few conclusions reflecting the state of play of this institution, but especially answering the question of whether the challenge against the delaying of proceedings is an effective remedy, within the meaning of art. 13 of the Convention, against the excessive duration of proceedings."
{"title":"Contestația privind tergiversarea procesului. Aspecte teoretice şi practice","authors":"Tudor Burlacu","doi":"10.31178/aubd.2021.17","DOIUrl":"https://doi.org/10.31178/aubd.2021.17","url":null,"abstract":"\"This article examines the legal institution of the challenge against the delaying of proceedings, having as premise the raison d’être of this institution. The Romanian legislator took a first step towards conducting proceedings if not within an optimal and foreseeable period, at least within a reasonable one, by amending the Code of Civil Procedure to introduce the institution of the challenge meant to expedite the conducting of civil trials. Throughout this article we will look at how the challenge against the delaying of proceedings has been regulated, but in particular at the problems that have arisen in practice. Finally, several proposals de lege ferenda are put forward, which should be implemented by the legislator in order for this legal institution to achieve the purpose for which it has been adopted, followed by a few conclusions reflecting the state of play of this institution, but especially answering the question of whether the challenge against the delaying of proceedings is an effective remedy, within the meaning of art. 13 of the Convention, against the excessive duration of proceedings.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132030465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Flavius Antoniu Baias, Facultatea de Drept a Universității din București, C. Pintilie
The article aims to present some elements regarding the history of Romanian law in Bessarabia from 1812 until the period immediately following the Great Union. The evolution of Romanian law in this period could be described by three determinants: unity, survival and unification. In 1812 there was a cohesive system of legal norms in Bessarabia, a true autochthonous law, so that the annexation of Bessarabia by the Tsarist Empire did not mean the automatic replacement of the applicable rules of conduct, but some legal institutions survived until the Great Union. Moreover, immediately after the annexation of Bessarabia, there was the intention to draw up a „Civil Code for Bessarabia”, the jurist Petru Manega succeeding in carrying out such a project following the model of the Napoleonic Code. The last stage analyzed is that of the process of legislative unification of Bessarabia, a difficult process and, unfortunately, with a short-term effect. Last but not least, the study aims to bring up in actuality the personality and the work of two illustrious Romanian lawyers, Andrei Rădulescu and Vespasian Erbiceanu.
{"title":"Dreptul românesc în Basarabia – înainte și după Marea Unire","authors":"Flavius Antoniu Baias, Facultatea de Drept a Universității din București, C. Pintilie","doi":"10.31178/aubd.2021.13","DOIUrl":"https://doi.org/10.31178/aubd.2021.13","url":null,"abstract":"The article aims to present some elements regarding the history of Romanian law in Bessarabia from 1812 until the period immediately following the Great Union. The evolution of Romanian law in this period could be described by three determinants: unity, survival and unification. In 1812 there was a cohesive system of legal norms in Bessarabia, a true autochthonous law, so that the annexation of Bessarabia by the Tsarist Empire did not mean the automatic replacement of the applicable rules of conduct, but some legal institutions survived until the Great Union. Moreover, immediately after the annexation of Bessarabia, there was the intention to draw up a „Civil Code for Bessarabia”, the jurist Petru Manega succeeding in carrying out such a project following the model of the Napoleonic Code. The last stage analyzed is that of the process of legislative unification of Bessarabia, a difficult process and, unfortunately, with a short-term effect. Last but not least, the study aims to bring up in actuality the personality and the work of two illustrious Romanian lawyers, Andrei Rădulescu and Vespasian Erbiceanu.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"327 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122713528","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Igor Coban, Facultatea de Drept a Universității de Stat din Moldova
Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.
{"title":"Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova","authors":"Igor Coban, Facultatea de Drept a Universității de Stat din Moldova","doi":"10.31178/aubd.2021.07","DOIUrl":"https://doi.org/10.31178/aubd.2021.07","url":null,"abstract":"Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123842771","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Amedeo Arena, Napoli Italia Facultatea de Drept Universitatea ‘Federico Ii’
Whilst Costa vs. ENEL is the locus classicus for most accounts of the primacy of European law, the story of that lawsuit is still relatively unknown. What drove Flaminio Costa to sue his electricity provider over a bill of as little as ₤1.925 (about €22 in 2020)? Why did the Small-claims Court of Milan decide to involve both the Italian Constitutional Court and the European Court of Justice in such a „petty” lawsuit? Why did those two courts hand down such different rulings? How did the lawsuit end when it came back from Luxembourg? Relying upon previously undisclosed court documents and interviews with some of the actors involved, this paper seeks to shed some light on the less-known aspects of the Costa v ENEL lawsuit, against the background of electricity nationalization in Italy at the height of the Cold War, and to assess the contribution of that lawsuit and of its „architect”, Gian Galeazzo Stendardi, to the approfondissement of the doctrine of primacy of European law.
{"title":"De la o factură de electricitate la supremația dreptului european: astfel s-a născut doctrina Costa c. Enel","authors":"Amedeo Arena, Napoli Italia Facultatea de Drept Universitatea ‘Federico Ii’","doi":"10.31178/aubd.2021.02","DOIUrl":"https://doi.org/10.31178/aubd.2021.02","url":null,"abstract":"Whilst Costa vs. ENEL is the locus classicus for most accounts of the primacy of European law, the story of that lawsuit is still relatively unknown. What drove Flaminio Costa to sue his electricity provider over a bill of as little as ₤1.925 (about €22 in 2020)? Why did the Small-claims Court of Milan decide to involve both the Italian Constitutional Court and the European Court of Justice in such a „petty” lawsuit? Why did those two courts hand down such different rulings? How did the lawsuit end when it came back from Luxembourg? Relying upon previously undisclosed court documents and interviews with some of the actors involved, this paper seeks to shed some light on the less-known aspects of the Costa v ENEL lawsuit, against the background of electricity nationalization in Italy at the height of the Cold War, and to assess the contribution of that lawsuit and of its „architect”, Gian Galeazzo Stendardi, to the approfondissement of the doctrine of primacy of European law.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115621944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Traian Tunsoiu, Facultatea de Drept a Universității din București
"The relations between trade unions and employers’ organizations are decided by collective labor agreements. The manner in which employers and employees organizations recognize themselves as capable of representing their members is decided by the internal legislation of each country. In Romania, representativeness is an essential condition, which must be met by employers’ organizations and trade unions wishing to participate in the negotiation and signing of collective labor agreements."
{"title":"Reprezentativitatea organizațiilor sindicale și a organizațiilor patronale","authors":"Traian Tunsoiu, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2021.15","DOIUrl":"https://doi.org/10.31178/aubd.2021.15","url":null,"abstract":"\"The relations between trade unions and employers’ organizations are decided by collective labor agreements. The manner in which employers and employees organizations recognize themselves as capable of representing their members is decided by the internal legislation of each country. In Romania, representativeness is an essential condition, which must be met by employers’ organizations and trade unions wishing to participate in the negotiation and signing of collective labor agreements.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124773130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
N. Dominte, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept
A work can be made known to the public with the real name of the author or with a pseudonym or in the version of anonymous work. In the current article, we want to highlight the relevance of the author’s name, which can acquire the value of unregistered trademark by analysing this aspect from different perspectives. Three names, three famous authors, three distinct cases that reveal the legal values of the author’s name, which became a symbol in guaranteeing the quality and authenticity of the work.
{"title":"Numele autorului – o marcă neînregistrată a operei","authors":"N. Dominte, Universitatea Babeș-Bolyai din Cluj Facultatea de Drept","doi":"10.31178/aubd.2021.03","DOIUrl":"https://doi.org/10.31178/aubd.2021.03","url":null,"abstract":"A work can be made known to the public with the real name of the author or with a pseudonym or in the version of anonymous work. In the current article, we want to highlight the relevance of the author’s name, which can acquire the value of unregistered trademark by analysing this aspect from different perspectives. Three names, three famous authors, three distinct cases that reveal the legal values of the author’s name, which became a symbol in guaranteeing the quality and authenticity of the work.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130324374","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corneliu-Liviu Popescu, Facultatea de Drept a Universității din București
At the beginning of the SARS-CoV-2 pandemic, the European Court of Human Rights ruled and then extended the decision to suspend part of its activity, as well as certain procedural time-limits, including time-limit for referral to the Court through the means of a state or an individual application. These measures do not comply with the European Convention on Human Rights, nor with the Rules of the Court. The control of the regularity of these measures may be exercised by the judicial formations of the Court, acting in the specific cases.
{"title":"Efectele pandemiei SARS-CoV-2 asupra activității și procedurii în fața Curții Europene a Drepturilor Omului","authors":"Corneliu-Liviu Popescu, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2021.11","DOIUrl":"https://doi.org/10.31178/aubd.2021.11","url":null,"abstract":"At the beginning of the SARS-CoV-2 pandemic, the European Court of Human Rights ruled and then extended the decision to suspend part of its activity, as well as certain procedural time-limits, including time-limit for referral to the Court through the means of a state or an individual application. These measures do not comply with the European Convention on Human Rights, nor with the Rules of the Court. The control of the regularity of these measures may be exercised by the judicial formations of the Court, acting in the specific cases.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130062428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.
{"title":"Obiectul infracţiunii de pornografie infantilă: analiza gradului de compatibilitate între prevederile naţionale, internaţionale şi cele din legislaţiile unor state străine","authors":"Stanislav Copețchi","doi":"10.31178/aubd.2021.06","DOIUrl":"https://doi.org/10.31178/aubd.2021.06","url":null,"abstract":"In the present scientific approach is discussed the material/immaterial object of the crime of child pornography, in accordance with the criminal law of the Republic of Moldova, from the perspective of its compatibility with the provisions of the main international instruments in this matter (especially the Lanzarote Convention and the Budapest Convention). Likewise, is performed a comparative analysis of the national (Moldovan) provisions, being highlighted the content of some norms of incrimination from the criminal laws of some foreign states in the part concerning the material/immaterial object of the crime of child pornography.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127285893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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