{"title":"\"THE LACK OF TRANSPARENCY – THE PREMISE OF HUMAN RIGHTS VIOLATIONS IN PRISONS DURING THE COVID-19 PANDEMIC\"","authors":"Crina-Bianca Vereș","doi":"10.51865/jetc.2021.02.04","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.04","url":null,"abstract":"Internationally, human rights law guarantees an universal right to the highest achievable and mandatory standard of health and obliges the governments to take measures to prevent threats to public health and to provide medical care to those who need it. The COVID-19 pandemic continues to rip through prisons across the world, and some excessive measures imposed by governments to prevent the spread of the disease have led to human rights violations. If one would take into account Romania’s persisting problems of overcrowding and poor hygiene conditions in prisons, it is required to highlight how the lack of transparency in public institutions has an the impact on the prison environment during the pandemic. The paper suggests that there is a link between the way the prison life is perceived and the lack of compliance of national measures with generally binding standards regarding human rights imposed internationally.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122594891","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}
{"title":"\"REFLECTIONS ON PERSONAL DATA PROCESSING THAT IS NECESSARY FOR THE ENTERING OR PERFORMANCE OF A CONTRACT\"","authors":"Nicoleta Maria Cristolovean","doi":"10.51865/jetc.2021.02.06","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.06","url":null,"abstract":"Even in pandemic times everyday life involves the conclusion of contracts written on paper, which in turn involves the processing of personal data not only for the performance of the contracts to which a data subject is party, but also in order to take steps at the request of the data subject prior to entering into a contract. In this regard Article 6 (1) (b) of the General Data Protection Regulation provides the legal basis that ensures the lawfulness of processing. This short article examines the limits of using this legal basis for personal data processing in the context of the controllers' obligations and the rights of the data subjects. The primary conclusion is that, although any contract can ensure the legality of personal data processing, not all personal data may be necessary for the performance of the contract, in which case another ground of processing must be used for the rest of the personal data processed, which in turn requires a thorough understanding of Regulation (EU) 2016/679 for an implementation of its provisions in their spirit and letter, the more so as an implementation of the General Data Protection Regulation limited to the preparation of documentation on the conformity of processing has no other effect than to turn it into a dead letter.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121902278","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}
{"title":"\"ETHICAL VIEW ON TEACHER-STUDENT RELATIONSHIP. A PANDEMIC APPROACH\"","authors":"D. Grigorescu, Dana Volosevici","doi":"10.51865/jetc.2021.02.12","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.12","url":null,"abstract":"The health crisis we are going through is very demanding on the relationship between students and teachers in terms of professional ethics. Many teachers had real difficulties in applying legal measures of social distancing, limiting students' access to classrooms (hybrid physical and online system, imposing hygiene measures, etc.), which together negatively affected the quality of the teacher-student relationship. The emotional and cognitive comfort that teachers must provide to students according to the codes of didactic ethics, the sense of belonging and relationship resulting from a class management aimed at stimulating team spirit became during the pandemic incompatible with health safety rules imposed by authority. In this context, we propose through this paper to debate the need to theoretically complete the future codes of ethics of the teaching profession with the concept of ethics of care. The authors believe that especially in extreme contexts, such as the Covid 19 pandemic, we need to bring to mind the foundations of human relationships based on the valorization of students by their teachers, and specific codes of ethics should be more explicit in dignity provisions. to all those involved in education.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133647015","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}
{"title":"\"ALTERNATIVE DISPUTE RESOLUTION AND INDIVIDUAL LABOUR CONFLICTS: A DIFFERENT WAY OF MANAGING ORGANIZATIONAL DISPUTES\"","authors":"Dana Volosevici","doi":"10.51865/jetc.2021.02.08","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.08","url":null,"abstract":"Organizational conflict as is considered legitimate and inevitable and may constitute a positive indicator of effective organizational management. This paper aims to analyse the legal provisions which establish the alternative dispute resolution methods and procedures regarding the individual labour conflicts through conciliation and mediation.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"240 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131876956","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}
{"title":"ISSUES REGARDING THE RIGHT TO HEALTH CARE IN THE CONTEXT OF THE COVID-19 PANDEMIC","authors":"C. Dinu","doi":"10.51865/jetc.2021.02.03","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.03","url":null,"abstract":"The article analyses some health situations, which have not yet been resolved by the Romanian state, from the perspective of applicable legislation and documentation developed at the level of public authorities with competences in the field: the issue of palliative care and citizens 'access to them, citizens' access to medical services screening and monitoring of oncological diseases and the need for human plasma fractionation in our country. In the latter case, people with certain ailments find themselves in a situation where their right to health care is restricted due to the risk of not finding the right treatment. Unfortunately, the COVID-19 pandemic is an obstacle to either continuing public health policies or trying to take the first concrete steps in this direction. However, the pandemic does not suspend the conditions that depend on palliative care, nor the identification of oncological conditions or their monitoring. Also, the possible lack of immunoglobulins in Romania draws the line between the right to health care and the right to life. The information found in this research aims to make citizens aware of the importance of taking great steps in these directions and the ways in which their rights are respected, under the conditions provided by the Romanian medical system.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124741502","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}
{"title":"\"THE RIGHT OF ACCESS TO JUSTICE IN THE LIGHT OF THE LAW ON SOME MEASURES TO PREVENT AND COMBAT THE EFFECTS OF COVID-19 PANDEMIC\"","authors":"S. Şchiopu","doi":"10.51865/jetc.2021.02.01","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.01","url":null,"abstract":"COVID-19 pandemic, among many other legislative changes, also led to the issuance of the Romanian Law on some measures to prevent and combat its effects. Law no. 55 of 15 May 2020 concerns the establishment during the state of alert of some measures in order to protect the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights and freedoms, and, in order to implement the measures provided by this law, the Government adopts decisions. The latter are normative administrative acts which enjoy a presumption of legality, so that, as long as the administrative act exists, it is presumed that it was issued in compliance with all the substantive and formal conditions provided by law, the obligation to comply with it being detached from that of compliance with the law. Therefore, the present study aims to highlight the legal regime of these normative administrative acts and the considerations of the Decision of the Romanian Constitutional Court no. 392 of 8 June 2021 precisely to illustrate the infringement of the right of access to justice, namely the absence of a regulation providing for a short-term procedure for the settlement of actions brought against the possible illegality of Government decisions issued under Law no. 55/2020, so that judgments can produce effective effects, that is while these administrative acts are applicable. Respect for the right of access to justice would also contribute to strengthening citizens’ confidence in the pertinence of measures taken to prevent and combat the effects of the current pandemic.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132109670","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}
{"title":"\"MOTIVATION AND LEARNING. STUDY ON THE EXPERIENCE OF GYMNASIUM STUDENTS ON EXAMS\"","authors":"D. Grigorescu","doi":"10.51865/jetc.2021.02.13","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.13","url":null,"abstract":"The learning experience for exams is one that all students go through and that each time involves intense feelings and inner states with deep meanings and consequences for student life. Through this study we tried to get into the middle of the experience that high school students go through in terms of intrinsic motivation. We therefore propose an adaptation for the Romanian school environment of the IMI (Intrinsic Motivation Inventory) questionnaire, which is an integral part of the Self-Determination Theory, the variant related to fulfilling a task, with the help of which we want to obtain an image of how it is felt. to students the issue of exams to complete the school year (tests, theses, national assessment). The availability of effort and its internalization by students, the students' interest in learning for exams, the learning decision, but also the tension accumulated after the effort required to learn for exams are analyzed by specific items - to list some of the research directions considered. The final result is the determination of the degree of intrinsic motivation of the selected students in relation to the evaluation they have to go through at the end of the school year in the summer of 2021.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"173 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121012711","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}
{"title":"\"THE LOCAL PARTY - A TOOL FOR THE MANIFESTATION OF CITIZENS’ POLITICAL WILL AT TERRITORIAL LEVEL\"","authors":"M. Apostolache","doi":"10.51865/jetc.2021.02.07","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.07","url":null,"abstract":"\"In a democratic regime, political parties are relevant actors in the constitutional architecture, undergoing both a constitutional and a legal regulation. The Constitutional Court goes further and, in its jurisprudence , considers political parties as the main actors in constitutional life. The emergence of parties materializes the fundamental right of association and they are intended to define and express the political will of citizens. The Constitution qualifies pluralism, in general, and political pluralism, in particular, as a condition and guarantee of constitutional democracy. Political pluralism is seen in the doctrine as “a fundamental element of the process of conquering and exercising of power, of social leadership”. Political pluralism is also a supreme value, an essential value of society, guaranteed by the constitutional text in Article 1 paragraph 3 and Article 152, thus being intangible . The legislative changes from 2015 allowed the appearance on the Romanian political scene of several local parties, together with the national ones, established either at level of locality or at county level. \"","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114280064","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}
{"title":"\"THE RIGHTS OF PERSONS DEPRIVED IN FREEDOM DURING THE COVID-19 PANDEMIC. INCIDENCE OF JUDICIAL ERROR\"","authors":"Delia-Mihaela Marinescu","doi":"10.51865/jetc.2021.02.02","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.02","url":null,"abstract":"Respect for human rights in general, but also for persons deprived of their liberty is a constant concern in any democratic state, which determines both the involvement of the courts in guaranteeing all rights in proceedings against persons in detention, and a special attention from the public authorities for outlining rules capable of effectively implementing legal regulations, but also the jurisprudence of European courts.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123624829","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}
{"title":"HOW TO RAISE RESPONSIBILE CHILDREN","authors":"Simona Eftimie","doi":"10.51865/jetc.2021.02.09","DOIUrl":"https://doi.org/10.51865/jetc.2021.02.09","url":null,"abstract":"Present paper is a bringing up to date of an old preoccupation about responsibility issue. We are overwhelmed because of rapid and profound changes, specific to the economic, cultural and political areas. In this context, of (de)globalization and competition, we believe that trying to assume so many tasks / duties in the same time sometimes seem impossible to do without serious costs (our health – physical, emotional, mental; our relations – families, children, parents, friends etc.). Today we also could notice that power balance in educative field have changed: everybody seem to accuse everybody for educational system problems (parents, teachers, mass-media etc.) instead of assuming the situation and taking measures. This situation could inevitable lead to irresponsibility. The family seems to be characterised by an identity and responsibility crisis. Also school is accused of its failures. How to ask responsible behaviours from children / young people in a world where so many adults are looking for “people to blame” and do not recognize their own contribution to this chaos. We could raise responsible children in a world where also adults are responsible and ‘alive’ (in mind and spirit), aware of their model for younger generations. The change could start from YOU, even if could be insignificant on short term, but certainly will have consequences on long term. We have to start thinking holistic, to (self) educate our systemic thinking.","PeriodicalId":225724,"journal":{"name":"JUS ET CIVITAS -A Journal of Social and Legal Studies","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126465657","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}