Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.4
M. Barsan, Alexandru Podlesnii
The phenomenon of corruption – as it is not a mere random fact, but a true phenomenon - is one of the most frequent phenomena nowadays, which has a tendency to state its power in all areas of human life: social and private life, cultural and economic life, as well as the spiritual and educational life. Thus, the phenomenon of corruption is ever present, so much so that society finds it to be indispensable to local administration and impossible to relinquish, thus affecting social welfare, stability and progress. The present article aims to discuss relevant aspects of the objective side of the crime of bribery, by also listing the judicial practice in this domain.
{"title":"General and specific issues regarding the objective side of the crime of bribery, according to the legal provisions In force","authors":"M. Barsan, Alexandru Podlesnii","doi":"10.31926/but.ssl.2020.13.62.4.4","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.4","url":null,"abstract":"The phenomenon of corruption – as it is not a mere random fact, but a true phenomenon - is one of the most frequent phenomena nowadays, which has a tendency to state its power in all areas of human life: social and private life, cultural and economic life, as well as the spiritual and educational life. Thus, the phenomenon of corruption is ever present, so much so that society finds it to be indispensable to local administration and impossible to relinquish, thus affecting social welfare, stability and progress. The present article aims to discuss relevant aspects of the objective side of the crime of bribery, by also listing the judicial practice in this domain.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117251794","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.12
S. Şchiopu
In the context that the European Commission has the right of initiative to propose new legislation, we identified a series of questions addressed to the Commission by MEPs between 1995 and 2015 on the repatriation of corpses within the EU. This inventory aims to provide an overview of the questions and their correlative answers in order to highlight the reasons why parliamentarians considered it necessary to address these questions and how the Commission justified its position of not initiating specific legislative measures on the conveyance of corpses within the EU. For the moment we find ourselves in the awkward situation that the freedom of movement applies only to the living and the free movement of funeral services did not really improve, nor truly simplified the repatriation of mortal remains. However, an increase in deaths outside the state where the burial should take place may tip the balance, sooner or later, in favour of EU legislative measures that will replace the current international agreements and harmonise the national provisions.
{"title":"The repatriation of mortal remains within the eu: an inventory of the questions addressed by the members of the european parliament to the commission and the correlative answers","authors":"S. Şchiopu","doi":"10.31926/but.ssl.2020.13.62.4.12","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.12","url":null,"abstract":"In the context that the European Commission has the right of initiative to propose new legislation, we identified a series of questions addressed to the Commission by MEPs between 1995 and 2015 on the repatriation of corpses within the EU. This inventory aims to provide an overview of the questions and their correlative answers in order to highlight the reasons why parliamentarians considered it necessary to address these questions and how the Commission justified its position of not initiating specific legislative measures on the conveyance of corpses within the EU. For the moment we find ourselves in the awkward situation that the freedom of movement applies only to the living and the free movement of funeral services did not really improve, nor truly simplified the repatriation of mortal remains. However, an increase in deaths outside the state where the burial should take place may tip the balance, sooner or later, in favour of EU legislative measures that will replace the current international agreements and harmonise the national provisions.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131128599","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.3
S. Barbu, C. Florescu
The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits.
{"title":"Disputes about the resolution of the exception of illegality in the appeal","authors":"S. Barbu, C. Florescu","doi":"10.31926/but.ssl.2020.13.62.4.3","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.3","url":null,"abstract":"The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122959680","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.11
Georgeta-Bianca Spîrchez
The presiding judge’s order is that special procedure that we have to observe in cases where the prompt action of justice is needed, being, therefore, a very useful proceeding means, that might be used, in practice, by people for whom the passing of time necessary for following all the bureaucratic procedures and observing all the proceeding discipline of common law is vital, this because their life is subject to a real and imminent risk. We are referring, specifically, to those patients with incurable diseases, oncological, for whom the appropriate efficient medical treatments are extremely expensive and who, beyond the difficult fight with the disease, must fight the ”system”, from which they do not get favorable, rapid responses as they were supposed to, so to not come to a tragic ending. Within this analysis context, we are interested in following the manner in which the courts invested with presiding judge’s order exercised in circumstances like this, have assessed the fulfilment of the special conditions of admissibility for this procedural tool.
{"title":"About the (in)admissibility of the presiding judge's order promoted by the patients with incurable diseases with the purpose of insuring subsidized medical treatment for themselves","authors":"Georgeta-Bianca Spîrchez","doi":"10.31926/but.ssl.2020.13.62.4.11","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.11","url":null,"abstract":"The presiding judge’s order is that special procedure that we have to observe in cases where the prompt action of justice is needed, being, therefore, a very useful proceeding means, that might be used, in practice, by people for whom the passing of time necessary for following all the bureaucratic procedures and observing all the proceeding discipline of common law is vital, this because their life is subject to a real and imminent risk. We are referring, specifically, to those patients with incurable diseases, oncological, for whom the appropriate efficient medical treatments are extremely expensive and who, beyond the difficult fight with the disease, must fight the ”system”, from which they do not get favorable, rapid responses as they were supposed to, so to not come to a tragic ending. Within this analysis context, we are interested in following the manner in which the courts invested with presiding judge’s order exercised in circumstances like this, have assessed the fulfilment of the special conditions of admissibility for this procedural tool.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132350855","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.9
C. Murzea
In our usual language, the word “evidence” represents the mental and logical operation by which we attempt to prove something, to demonstrate, to emphasize a statement which provides credibility to a certain situation. The institution of evidence in the system of objective law was regulated in certain legal texts, with different regulations, from material law to procedural law, depending on the different factors which configure private law, but also in direct connection with the lawmaker’s interest. As a consequence, in the past, the matter of evidence was studied within the general theory of civil law, whereas, in present times, evidence is studied within Civil Procedural Law. The matter of evidence would be known differently and treated differently both by law and by doctrine, thus having a different space “and a different setting between the institutions of civil material and procedural law”.
{"title":"The subject, object and the duty to provide evidence","authors":"C. Murzea","doi":"10.31926/but.ssl.2020.13.62.4.9","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.9","url":null,"abstract":"In our usual language, the word “evidence” represents the mental and logical operation by which we attempt to prove something, to demonstrate, to emphasize a statement which provides credibility to a certain situation. The institution of evidence in the system of objective law was regulated in certain legal texts, with different regulations, from material law to procedural law, depending on the different factors which configure private law, but also in direct connection with the lawmaker’s interest. As a consequence, in the past, the matter of evidence was studied within the general theory of civil law, whereas, in present times, evidence is studied within Civil Procedural Law. The matter of evidence would be known differently and treated differently both by law and by doctrine, thus having a different space “and a different setting between the institutions of civil material and procedural law”.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131658670","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.5
C. I. Gliga
The entry into force of the new Criminal Code brought back to the attention and discussion of legal practitioners and theoreticians the criteria that distinguish the continued offense from the concurrence of offenses. Although, subsequent to the Romanian Constitutional Court Decision no. 368/2017, it has practically returned to the existing regulation in the matter of the continued offense under the rule of the old Criminal Code, the concrete situations submitted to the attention of the courts continue to provoke theoretical controversies. This article aims to critically analyse the recent case law regarding the criteria considered by the courts when they delimit the existence of a concurrence of offenses or a single offense, in a continuous form.
{"title":"Theoretical and practical considerations on the concurrence of offenses","authors":"C. I. Gliga","doi":"10.31926/but.ssl.2020.13.62.4.5","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.5","url":null,"abstract":"The entry into force of the new Criminal Code brought back to the attention and discussion of legal practitioners and theoreticians the criteria that distinguish the continued offense from the concurrence of offenses. Although, subsequent to the Romanian Constitutional Court Decision no. 368/2017, it has practically returned to the existing regulation in the matter of the continued offense under the rule of the old Criminal Code, the concrete situations submitted to the attention of the courts continue to provoke theoretical controversies. This article aims to critically analyse the recent case law regarding the criteria considered by the courts when they delimit the existence of a concurrence of offenses or a single offense, in a continuous form.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121888253","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.10
C. S. Salca Rotaru
Environmental management systems are usually associated with industry, considered to be the major polluters of the environment. This article presents the need to implement such a system in higher education institutions, starting from its regulations and demonstrating the possible similarity of universities with a large economic entity. Some examples of good practice are also presented. The conclusions present the importance of the role of the academic community and the opportunity to integrate an environmental management system with the other specific management systems, existing at the level of universities.
{"title":"Environmental management systems in higher education institutions, beyond regulations","authors":"C. S. Salca Rotaru","doi":"10.31926/but.ssl.2020.13.62.4.10","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.10","url":null,"abstract":"Environmental management systems are usually associated with industry, considered to be the major polluters of the environment. This article presents the need to implement such a system in higher education institutions, starting from its regulations and demonstrating the possible similarity of universities with a large economic entity. Some examples of good practice are also presented. The conclusions present the importance of the role of the academic community and the opportunity to integrate an environmental management system with the other specific management systems, existing at the level of universities.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116753757","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}
Pub Date : 2021-01-26DOI: 10.31926/but.ssl.2020.13.62.4.7
Nataliya Maroz
Terrorism has a devastating impact on the enjoyment of human rights. The UN Security Council, as the organ responsible for the maintenance of international peace and security, indicates a primary duty of states to protect anyone within their jurisdiction against terrorism. However, a breach of the obligation to suppress terrorism may lead to a situation when individuals bring claims directly against states before international human rights bodies arguing that the states were not able or unwilling to prevent and suppress terrorist acts or didn’t take all the necessary measures to prosecute those who had committed terrorist crimes.
{"title":"The obligation to suppress terrorism as a means to protect human rights","authors":"Nataliya Maroz","doi":"10.31926/but.ssl.2020.13.62.4.7","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.4.7","url":null,"abstract":"Terrorism has a devastating impact on the enjoyment of human rights. The UN Security Council, as the organ responsible for the maintenance of international peace and security, indicates a primary duty of states to protect anyone within their jurisdiction against terrorism. However, a breach of the obligation to suppress terrorism may lead to a situation when individuals bring claims directly against states before international human rights bodies arguing that the states were not able or unwilling to prevent and suppress terrorist acts or didn’t take all the necessary measures to prosecute those who had committed terrorist crimes.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123098693","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}
Pub Date : 2021-01-01DOI: 10.31926/but.ssl.2020.13.62.3.4
C. Coman, Mircea Botei, L. Şargu
The relations with the Republic of Moldova are a strategic priority for Romania's foreign policy, given the multiple cultural and historical ties between the two states and communities. Regardless of the governments in power in the two countries, the collaboration between the two countries has steadily strengthened, gaining a variety of forms. One of these forms of collaboration is that in the field of education in general, in particular, of university education. Protocols of collaboration in education, signed over time, provide for bursary, master and doctorate scholarships, internships for master and doctoral students, academic mobility for teachers, study visits, etc. Beyond these concrete aspects, the collaboration on the educational level also aims at the modernization of the national educational systems, with Romania having the experience, expertise and assistance needed to reform the educational system of the Republic of Moldova, in accordance with European principles and values
{"title":"Romania's expertise for education reform in the republic of moldova","authors":"C. Coman, Mircea Botei, L. Şargu","doi":"10.31926/but.ssl.2020.13.62.3.4","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.3.4","url":null,"abstract":"The relations with the Republic of Moldova are a strategic priority for Romania's foreign policy, given the multiple cultural and historical ties between the two states and communities. Regardless of the governments in power in the two countries, the collaboration between the two countries has steadily strengthened, gaining a variety of forms. One of these forms of collaboration is that in the field of education in general, in particular, of university education. Protocols of collaboration in education, signed over time, provide for bursary, master and doctorate scholarships, internships for master and doctoral students, academic mobility for teachers, study visits, etc. Beyond these concrete aspects, the collaboration on the educational level also aims at the modernization of the national educational systems, with Romania having the experience, expertise and assistance needed to reform the educational system of the Republic of Moldova, in accordance with European principles and values","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"43 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116730058","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}
Pub Date : 2021-01-01DOI: 10.31926/but.ssl.2020.13.62.3.15
Nicoleta Cristina Silitra
Today, in the 21st century, there are extensive discussions about propaganda. On the one hand, education can be used for propaganda but, on the other hand, education can cultivate skills, such as critical thinking, necessary to identify and reject propaganda. I set out to identify frames promoted by Sputnik, in the context of the Centenary, to identify mental models activated by the propaganda and those associated frames, and to determine if they are related to the educational process within school. The strongest frame is failure; however, we also identified attitudes of rejection of the approach of communicator but we cannot associate these attitudes with school. We consider that school (at least secondary school and high school) does not cultivate enough elements of Romanian identity.
{"title":"21st century propaganda and education – friends or foes?","authors":"Nicoleta Cristina Silitra","doi":"10.31926/but.ssl.2020.13.62.3.15","DOIUrl":"https://doi.org/10.31926/but.ssl.2020.13.62.3.15","url":null,"abstract":"Today, in the 21st century, there are extensive discussions about propaganda. On the one hand, education can be used for propaganda but, on the other hand, education can cultivate skills, such as critical thinking, necessary to identify and reject propaganda. I set out to identify frames promoted by Sputnik, in the context of the Centenary, to identify mental models activated by the propaganda and those associated frames, and to determine if they are related to the educational process within school. The strongest frame is failure; however, we also identified attitudes of rejection of the approach of communicator but we cannot associate these attitudes with school. We consider that school (at least secondary school and high school) does not cultivate enough elements of Romanian identity.","PeriodicalId":298214,"journal":{"name":"SERIES VII - SOCIAL SCIENCES AND LAW","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128305666","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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