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Jurnalul de Studii Juridice最新文献

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Reforming the Normative Frarmework of Public Function: Comparative View of Romanian and French Legislation 改革公共职能的规范框架:罗马尼亚和法国立法的比较观点
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/97
C. Pătraşcu
{"title":"Reforming the Normative Frarmework of Public Function: Comparative View of Romanian and French Legislation","authors":"C. Pătraşcu","doi":"10.18662/jls/17.1-2/97","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/97","url":null,"abstract":"The present article offers a brief analysis of the main juridical elements that shape the necessary framework for the organisation and coordination of public function in two administrative systems, namely Romania and France, as well as the most recent normative changes, objectives and accomplishments of public function reform in the two states. Explored mainly through qualitative methods (evaluation of specialized legislation and literature and the comparative approach), the complex topic of public function, and its newest evolutions in the countries under study, offers an interesting and rich field of research. \u0000Similarities and differences between the two reform processes and approaches have been highlighted, together with the results attained.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122466321","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}
引用次数: 0
Perspectives on Discrimination and the European Law Combating IT 对歧视的看法及欧洲打击资讯科技的法律
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/95
O. Gălăţeanu
{"title":"Perspectives on Discrimination and the European Law Combating IT","authors":"O. Gălăţeanu","doi":"10.18662/jls/17.1-2/95","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/95","url":null,"abstract":"By discrimination we mean that action whereby certain persons are treated differently from others or bear the restriction of certain rights unfairly, on the basis of groundless reasons. \u0000Direct discrimination, indirect discrimination, harassment and instigation to discrimination have been identified as forms of discrimination at social level. At the level of international society, preventing and combating any form of discrimination by resorting to the most appropriate legal measures represent a concern even today. \u0000The right on non-discrimination prohibits those cases whereby persons or groups of persons in a similar situation are treated differently, and situations where persons or groups of persons in different situations are treated in the same way. The aim of the right on non-discrimination is to guarantee to all people equal and fair prospects of access to the opportunities granted by the society. \u0000The discrimination’s different manifestation forms, the criteria underlying discriminatory behavior, the areas where it manifests itself and some perspectives regarding the European non-discrimination law will be presented in this study.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126805544","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}
引用次数: 0
Aspects of Cooperation in Detecting and Combating Tax Evasion Between the ANTI-Fraud Departament (DLAF) and the European Anti-Fraud Office (OLAF) 反欺诈部与欧洲反欺诈办公室在侦查和打击逃税方面的合作
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/98
N. Aniţei, R. Lazar
{"title":"Aspects of Cooperation in Detecting and Combating Tax Evasion Between the ANTI-Fraud Departament (DLAF) and the European Anti-Fraud Office (OLAF)","authors":"N. Aniţei, R. Lazar","doi":"10.18662/jls/17.1-2/98","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/98","url":null,"abstract":"This article is dedicated to the collaboration of the Department for the Fight against Fraud (DLAF) as a national body responsible for detecting and combating tax evasion with the European Anti-Fraud Office, known as OLAF (French acronym - Office de Lutte Anti-Fraude). \u0000    The paper will present: in the first point general notions about the two institutions; in the second point we will present the provisions of art. 23- art.31 of Law no. 61/2011 on the organisation and functioning of the Department for the Fight against Fraud (DLAF); in the third point we will present a series of actions related to European funds: PHARE, ISPA, SAPARD, POSDRU, EAFRD from the activity reports of the Department for the Fight against Fraud (DLAF). \u0000We will take into account the following regulations when drafting the article: Law no. 61/2011 on the organisation and functioning of the Department for the Fight against Fraud (DLAF), Government Decision no. 738/2011 approving the Regulation on the organisation and functioning of the Department for the Fight against Fraud and other regulations to which these regulations refer, Decision no. 1999/352 of 28 April 1999 of the European Commission establishing the European Anti-Fraud Office (OLAF).","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121820547","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}
引用次数: 0
New Issues Concerning the Architecture of Romania’s Criminal Law Principles 罗马尼亚刑法原则架构的新问题
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/99
Ion Ifrim
{"title":"New Issues Concerning the Architecture of Romania’s Criminal Law Principles","authors":"Ion Ifrim","doi":"10.18662/jls/17.1-2/99","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/99","url":null,"abstract":"In the present study, we show that the principles of criminal law constitute a complex, interdependent, mutually conditional whole, each of them characterising the whole of criminal law as a whole about the principles of European Union law. We then point out that, in general, the means of criminal coercion are restricting their scope of application in favour of extending their preventive, educational and social values, through a gradual decompression of criminal law in favour of other forms of legal intervention and coercion (contraventional, administrative, disciplinary, etc.).  We also stress that there are principles enshrined throughout criminal law (1865 - to date), recognised as constants of criminal law; what developments in society have promoted new ideas? Is the range of constants widening or narrowing?","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131872099","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}
引用次数: 0
Aspects Regarding the Need to Settle Conflicts Between Parents as Concerns the Exercise of Parental Rights Within a Reasonable Time 关于在合理时间内行使父母权利解决父母冲突的必要性的几个方面
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/101
Elisabeta Slabu
{"title":"Aspects Regarding the Need to Settle Conflicts Between Parents as Concerns the Exercise of Parental Rights Within a Reasonable Time","authors":"Elisabeta Slabu","doi":"10.18662/jls/17.1-2/101","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/101","url":null,"abstract":"For the special situations that may occur due to the wrong behaviour of a parent there must be identified solutions to ensure the actual protection of the child, even towards his/her parent. These solutions must be identified  and applied within a reasonable time, otherwise the inadequate behavior of the parent being favored and strengthened, and the treatment of the traumas suffered by the child will be more and more difficult to accomplish. The state must organize its judiciary system so that its jurisdictions, especially in the cases concerning children, guarantee the right to obtain a decision within a reasonable time.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115287616","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}
引用次数: 0
The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence 刑事审判中司法错误赔偿权规定的演变——基于国际公约、国家和欧洲人权法院判例的影响
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/103
Denisa Barbu
{"title":"The Evolution of the Regulations regarding the Right to Compensation for Judicial Errors in Criminal Trials - Based on the Influence of International Conventions, National and ECHR Jurisprudence","authors":"Denisa Barbu","doi":"10.18662/jls/17.1-2/103","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/103","url":null,"abstract":"The legal institution regulated by art. 505-507 of the Criminal Procedure Code represents the last step of the complex of procedural guarantees subsumed by the notion of purpose of the criminal trial. The entire regulation in criminal procedural matters has in mind this axis, of finding out the truth, in the event that the mentioned finality would not be achieved by resorting to the procedural remedy of the ordinary and extraordinary appeals, so that, in the end, the court decision, once definitive, is considered the expression of the truth (res judicato pro veritate habetur). It was noticed, however, that the elimination of errors by means of the above-mentioned procedure does not always lead to the removal of all the consequences of an unjust act of justice, due to the consequences they generate, specifically, for on the person who was previously subjected to judgment. As a result, the legal provisions regarding the reparation of damage in case of false conviction or ilegal arrest are emerging as a complementary institution to the criminal process, necessary for the execution of justice and the restoration of the legal order.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128171306","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}
引用次数: 0
Efficiency and Advantages of Preventive Financial Control Versus Internal Control in A Public Entity 公共实体预防性财务控制与内部控制的效率与优势
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/104
Camelia Madalina Beldiman
{"title":"Efficiency and Advantages of Preventive Financial Control Versus Internal Control in A Public Entity","authors":"Camelia Madalina Beldiman","doi":"10.18662/jls/17.1-2/104","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/104","url":null,"abstract":"This paper targets to highlight the objectives and advantages offered by the preventive financial control endorsement compared to the efficiency of setting up internal control departments within public entities. The role of preventive financial control is to contribute to the most efficient use of all material and financial resources, which involves the verification and analysis of economic and financial activity in terms of legality, timeliness, and economy of operations. The preventive financial control aims at identifying the projects of operations that do not respect the conditions of legality and regularity or within the limits and destination of the budgetary and commitment credits and through which their performance would be detrimental to the public patrimony or public funds. There are many disadvantages in public entities where internal control departments are established because the internal control is performed over a long period of time and requires several steps to prepare for the audit mission.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"226 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131904256","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}
引用次数: 0
Comments on the Conduct of Expert Examinations of Accounts Before the Prosecution Authorities and Judicial 关于向检察机关和司法机关进行专家审查帐目的意见
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/100
Victor Andrei Cărcăle
{"title":"Comments on the Conduct of Expert Examinations of Accounts Before the Prosecution Authorities and Judicial","authors":"Victor Andrei Cărcăle","doi":"10.18662/jls/17.1-2/100","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/100","url":null,"abstract":"In the present article, limiting ourselves only to accounting expertise and taking into account the provisions of the Code of Criminal Procedure, which has made important changes to the way in which expertise is granted, we propose to highlight the principles that the prosecution authorities in particular must follow when administering this evidence. ","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124738414","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}
引用次数: 0
A Few Remarks on Urbanism Specific to Various European States from a Legislative and Historical Point of View 从立法和历史的角度谈欧洲各国特有的城市主义
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/96
Madalin Mihailescu
{"title":"A Few Remarks on Urbanism Specific to Various European States from a Legislative and Historical Point of View","authors":"Madalin Mihailescu","doi":"10.18662/jls/17.1-2/96","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/96","url":null,"abstract":"Due to migration, but also of globalization, all European states face, from year to year, big problems related to urbanism that are not actually limited only to matters related to the architecture of cities, but also to traffic, the layout of parks and of green areas, as well as parking lots. This article will try to present distinctive legal issues related to how urban planning problems are solved in some of the main European states that are, among others, touristically developed, and how their local administrations try to solve all the important aspects mentioned above.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131833034","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}
引用次数: 0
Fundamental Criminal Procedural Obligation of the Lawyer: Attorney-Client Privilege (Confidentiality) 律师的基本刑事诉讼义务:律师与当事人之间的保密特权(保密)
Jurnalul de Studii Juridice Pub Date : 2022-10-10 DOI: 10.18662/jls/17.1-2/102
Denisa Barbu
{"title":"Fundamental Criminal Procedural Obligation of the Lawyer: Attorney-Client Privilege (Confidentiality)","authors":"Denisa Barbu","doi":"10.18662/jls/17.1-2/102","DOIUrl":"https://doi.org/10.18662/jls/17.1-2/102","url":null,"abstract":"The spectacular development of the market of legal services determined the development of some rules for the protection of the professional body of lawyers, but also of their clientele, starting from the definition, redefinition and updating of some fundamental principles regarding the way of conducting the lawyer's activity, among the most important being the obligation to preserve professional confidentiality. In the criminal process, this is the fundamental institution for guaranteeing the right of defense and the right to a fair trial of the accused. This article aims to analyze the dual nature of this principle that governs the activity of lawyers: that of protecting the attorney as a professional and that of guaranteeing the procedural rights of the client.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128196342","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}
引用次数: 0
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