The Annals of “Dunarea de Jos” University of Galati. Legal Sciences. Fascicle XXVI

Consideration about the Aetiology and the Prevention of the Femicide

Aura Marcela Preda — 2024-06-30

Since the beginning of this millennium, there have been signs of an increase in the level of aggression among members of society, including the number of murders, some of which with a heavily mediatization. The question was raised whether this high number is due to dysfunctionalities at the level of micro groups, especially at the level of the family. The total number of intimate partner homicides was almost always higher among women than among men. Research and statistics have revealed worrying numbers of intra-family relationships, likely to generate questions about the mutations that have occurred at the level of the first socialization environment that should be the most secure. After identifying some risk factors, the author tries to propose some measures to prevent a type of homicide, namely femicide, starting from the premises offered by two theories of social control with an impact on the proposed theme: T. Hirshi and W. Reckless.

Do We Need In Procedural Institutions Of The ,,Appeal After The Deadline” In Criminal Proceedings

Vitalie Jitariuc — 2024-06-30

In the present article was carried out the analysis of the legal norms and judicial practice regarding the criminal procedural institutions the appeal after the deadline and the resuming of the trial of the criminal case in the absence of the convicted person. The introduction of a new extraordinary appeal of the procedure regarding the resumption of the trial of the criminal case in the absence of the convicted person, in accordance with Section 3 of Chapter V of the Title II of the Code of Criminal Procedure of the Republic of Moldova [1], affects the inapplicability of the procedural institution the appeal after the deadline. The presented problem consists in the scientific substantiation and practical regarding the mentioned procedural institutions and the need to maintain in the law the provisions regarding the appeal after the deadline. Through this study, we want to provoke further analysis and discussion on this topic.

The Safety Measure Of Involuntary Hospital Admission Of The Accused Minor Within The Criminal Trial

Ștefan-Tiberiu Ciurea — 2024-06-30

By taking safety measures during the criminal trial, the aim is to remove the state of danger for society, as well as to prevent the commission of new crimes as described by criminal law. However, while the society may be defended by taking such measures against criminals, when it comes to juvenile offenders the public opinion could be more forgiving. In this context, the purpose of this article is to highlight whether it is a true necessity of the judicial bodies to take the measure of involuntary hospitalization during the criminal trial against the accused minor who is a consumer of psychoactive substances due to which he/she committed a crime. As it turns out, there is no significant evidence that the forced hospital admission has indeed a positive outcome, but the actual opposite. Even if the accused minor might be cured of his addiction, the forced hospital entry may leave him/her with a lack of confidence, fear, difficulty in social reintegration and even return to consumption. As a concrete reaction in relation to the state, dynamics and diversity of the criminal phenomenon registered among juvenile delinquents, a better option for the justice system may be cohesion rather than coercion, meaning the insurance of access to treatment and care for addicted juvenile offenders, as an alternative to conviction and punishment.

The Person as a Legal Entity

Tiberiu Nicușor Chiriluță — 2024-06-30

The article aims at examining those essential aspects of the person who, as a social being, can also be expressed in the field of law, where he presents himself as a legal being (homo juridicus). Without the operative clarifications in this direction, the active role of the person in the field of jurisprudence, of the legal world, cannot be understood. The person appears here both as a creator of law through legal institutions with a normative role, and as a legal subject who assumes legal obligations in relation to the rights and freedoms he enjoys as a legal subject.

Identifying the limits of the discretionary right of the customs authority in the process of applying administrative liability to participants in external economic relations.

Sergiu Bodlev — 2024-06-30

In the article, based on the analysis of the administrative legislation, the materials from the practice of the activity of the Customs Service of the Republic of Moldova, scientific sources, the limits of the application of the discretionary right in the activity of the customs authority as well as of the customs official in external economic relations as well as the crossing of the customs border are analyzed. The request for justice, equity, reasonableness, dignity, humanism, balance of interests, public order, protection of the person in the process of carrying out import-export operations, crossing customs borders by natural and legal persons must also have the appropriate offer, according to expectations both of the simple man and of society as a whole. One of these offers is "discretionary right" - a necessity through which the demand of the categories listed as general human values is covered.

Controversies Regarding The Legality Of Interceptions Carried Out Through The National Center For Interception Of Communications Within The Romanian Information Service

Sandra Gradinaru — 2024-06-30

A particularly relevant aspect found by the constitutional court consists in the fact that the phrase National Communications Interception Center within the Romanian Intelligence Service was introduced for the first time in Romanian legislation in Government Emergency Ordinance no. 6/2016, although this entity was not established by a public normative act.

The Constitutional Court noted that the National Center for Interception of Communications does not exist from a legal point of view. Under these conditions, in relation to the previous jurisprudence of the constitutional court, respectively Decisions no. 51 of February 16, 2016, published in the Official Monitor no. 190 of March 14, 2016, as well as Decision no. 26 of January 16, 2019, published in the Official Monitor no. 193 of 12.03.2019, the issue of the legality of the activity of implementing technical surveillance mandates by the prosecutor and criminal investigation bodies together with or with the competition of a structure within the Romanian Information Service, which does not have legal personality, is noted. At the same time, taking into account article 53 of the Romanian Constitution according to which the exercise of certain rights or freedoms can only be restricted by law, it is necessary to analyze the legality of the interceptions obtained through the National Center for the Interception of Communications, which was mentioned for the first time in Romanian legislation through an Emergency Ordinance of the Government.

The psychological peculiarities of the criminal's personality

Ecaterina Popa — 2024-06-30

Throughout history, man has sought to know himself, but no one has succeeded in reaching the given goal in full. The possibility of knowing another human being is even less. Criminological science, being one of the youngest criminal sciences, also tries to take the first steps towards the study of the atypical human personality, i.e. the personality of the criminal. Today, the number of unsolved or even unexamined problems is much higher than those in which a certain clarity has been achieved. The purpose of this article was to bring to a common denominator the ideas, conceptions and theories existing at the current stage on the personality of the criminal, which have already been recognized by the majority of scholars - contemporary criminologists. Also, a personal approach is proposed regarding the investigation of the personality traits of criminals.

The Necessity To Administer The Evidence With The Forensic Report In The Cases In Which During The Criminal Investigation The Evidence Was Administered Consisting Of The Technical-Scientific Finding

Ioana Mindrescu — 2024-06-30

This paper aims to analyze the importance and the need to administer evidence with expertise in criminal trials in which during the criminal investigation was administered the evidence consisting of the technical and scientific finding made by specialists or technicians operating within or in addition to the institution to which the criminal investigation body belongs.

Technical and scientific expertise and findings are evidence procedures through which are highlighted factual elements that contribute to the resolution of cases deduced to judgment.

Through a rigorous analysis of the relevant legislation, case law and judicial practice, the paper explores the role of evidence administration with expertise in solving criminal cases where, during the criminal investigation, the, it was ordered to make a scientific-technical finding.

The paper examines the ways in which evidence with expertise can be effectively managed and exploited in the criminal process, including issues relating to the stage of evidence admission, the rights and obligations of the parties involved.

In conclusion, the paper emphasizes that the administration of evidence with expertise in the criminal cases where the evidence was ordered consisting of the technical-scientific finding is an essential element for ensuring a fair and equitable justice.

Principles Of Law Enforcement In The Rule Of Law

Emilian Ciongaru — 2024-06-30

The rule of law is one of the fundamental values on which a modern, civilised society is based and is essential to its very functioning. The rule of law is also fundamental to the enforcement of national and international law, aiming to protect citizens and to establish the basic conditions necessary for a well-functioning and competitive economic system. The rule of law requires that everyone - as a subject of law - enjoys equal protection under the law and also prevents arbitrary and discretionary use of power by executive bodies. At the same time, it ensures the protection and respect of exclusively political rights - to elect and to be elected - as well as the fundamental rights and freedoms of citizens, values on which any society is based. The legal system, as a whole, must be an essential and contextual factor, through the legal rules adopted and implicitly through the guarantees of legal security, even if its contextual elements sometimes tend to go beyond the legal dimensions.

Discussion on Perilousness of the Offender in Financial-Banking Crimes. General Criterion for the Individualization of the Criminal Law Sanction

Marius Vasile Bardan — 2024-06-30

The proposed article examines the concept of offender dangerousness in the context of financial and banking crime, highlighting the importance of assessing and managing the risks associated with these crimes. By analysing relevant case law and the specific legal framework, the research explores the ways in which criminal behaviour in the financial sphere can impact on the stability of the banking and economic system as a whole. In this context, issues such as manipulation of financial markets, bank fraud, money laundering and other related crimes become important, highlighting the distinct characteristics of criminal dangerousness in this area. Factors such as the cross-border extent of these activities, the sophistication of the techniques used and the potential impact on the integrity of financial institutions are examined.

The Effects Of Reconciliation In The Hypothesis Of Changing The Juridical Classification Of The Deed

Anca-Lelia Lorincz — 2024-06-30

Taking into account a recent interpretive decision of the Constitutional Court of Romania (Decision no. 222/2023), this study addresses the issue of the effects of reconciliation, as a cause that removes criminal liability, in the hypothesis of changing the juridical classification of the deed after reading the act of referral to the court.

The research methods used in the elaboration of this work are: documentation, scientific analysis, including comparative (of legal provisions from successive normative acts that regulate the same institution, or of legal provisions from different normative acts that regulate related institutions), as well as interpretation.

Finding the existence of a non-correlation between some provisions of the current Romanian Criminal Code in the matter of reconciliation and some provisions of the current Romanian Code of Criminal Procedure in the matter of changing the juridical classification of the deed, a non-correlation that may lead to the violation of the right to a fair trial (consecrated in art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms), the present study concludes with a concrete proposal for a ferenda law, so as to ensure the respect of this fundamental right.

Femicide and feminicide in the world

Adriana Stancu — 2024-06-30

Femicide is the worst manifestation of gender violence.

It is deeply rooted and a manifestation of power imbalances in society, which promote an unequal status for men and women. Femicide is broadly defined as the killing of a woman or girl because of her gender and can take many forms, such as killing women as a result of intimate partner violence; the misogynistic torture and killing of women; killing women and girls in the name of "honour".

The European Institute for Gender Equality (EIGE) supports member states in their efforts to call the killing of females femicide, as the gender-neutral term homicide overlooks the realities of inequality, oppression, and systematic violence against women. The institute also provides statistical data to member states because the consistent and publicly available collection of administrative data is the first step towards preventing femicide.

EIGE conducts research on Member States' legal responses to help them end femicide, which requires effective prevention, thorough investigation, and diligent prosecution. "A silent war against women". This is how the phenomenon of femicide was defined by the Mediterranean Institute of Investigative Journalism (MIIR) in Athens.

Feminicide is a phenomenon that manifests itself through the selective killing of members of a community or of fetuses according to the criterion of their sex.

Public Procurement in The Fields of Defense and Security. A Normative, Doctrinal and Jurisprudential Approach

Emilia Lucia Cătană — 2024-08-01

The creation of a centralized legal and institutional framework in the field of public procurement is an integral part of the legislation adopted at EU level in order to achieve the area of freedom, security and justice. The phrase “defense and security” has multiple valences, from the classical perspective, to the protection of critical infrastructures and the constant and rapid evolution in the field of cybersecurity. Having different, sensitive requirements based on national defence and security criteria, the procurement of products or services in these areas is not subject to the general rules for the procurement of common products. Also, in the specific field of non-military security, the objective of public procurement is to protect the security of the EU and the member states, within or outside borders, this may also include the protection of critical infrastructure in public utility sectors. In this context, we propose an analysis of public procurement in the fields of defence and security, in the EU and Romania, from the methodological perspective of the applicable legislation, the doctrine and the case law.

The Recycling Process of Trafficked Girls in Albanian Society

Alisa Biçoku — 2024-08-01

This article aims to demonstrate how important is the proccess of reintegration in essence. The focus of this article is how to show the highlight efficiency the polices pursued by provides of the country to improve the living conditions of girls. Trafficking is a phenomen that Albania has had to face in first years of transition. The Albania of 90-91 years will always remember the terrible years of a startup of a new commerce , that which called “white meat”. Political changes of this regime of that time influenced the social concept of society that empire emphasized in individual or group of individuals for the west, and especially eager for money and material goods that exist across the dream world that had been closed for many years. Trafficking of girls was a profit bussiness for people ruthlessness of criminal groups. It’s almost difficult to reintegrate successfully in our society a trafficked girl , almost impossible because indicate a variety of factors affecting aspects, such as economic , social , psychological. However, what is apparent is that we as a society have never talked about the difficulties that facing girls trafficked to be reintegrated in Albania. The purpose of this study is to investigate the analysis of the main factors that push a girl ex-trafficked recycled again , in Albanian society. The specific objectives of the study are as follows: Exploring possibilities, systems, resources that obliges a girl trafficked , who for a period of time is reintegrated into society, return again the professsion former employee of the sex , being recycled. The methodology used of conducting this study is that qualitative , as an effective method in providing specific information and understanding the deeper meaning of this problem. The instruments used in this study refer to that case study as an effective method to explore in detail the phenomenon of recycling of victims.

Actuality Of Individual Partial Employment Contract (Part-Time Work)

Tatiana Stahi — 2024-06-30

Starting from the importance of atypical forms of employment (including the partial individual employment contract) in the current economic context and in the light of international regulations - to respond to an acute need for flexibility in terms of labor markets - the scientific article presents the importance and actuality of the individual employment contract part-time work (part-time work) well-known both internationally and national legislation. Likewise, the comparative law analysis carried out is equally important to establish to what extent other states legitimize part-time work contracts, because we witness to different perspectives about them.In the current context, part-time work contracts are a useful tool both for flexible work organization and for reconciling work and family life, especially for certain categories of people.

The Relationship Between Religion And Law

Mihaela-Corina Bucur — 2024-06-30

Between law and religion, two of the great forces that have shaped human society, there has always been an inevitable and indissoluble link, both having their origin in the belief in a system of a divine, superior power and in the necessity of certain rules that regulate the behavior of people in society. Religious and legal norms were initially identical, but with the passage of time they became different primarily by their specific nature. As a human-centered norm and spirituality, law interferes with religion to varying degrees in its temporal and spatial existence. The authority of the legal order is based on the divine origin and the sacred character of the rules of law. The authority of the law is based on three categories of forces: the material force, the force of reason, and the mystical force - based on the belief that the observance of a rule of conduct is the observance of a divine commandment. Religious precepts consider, even at the level of sanction, man's relationship with Divinity, while legal ones consider the individual's relationship with the social group, which sanctions him. Affirming the principle of the secularity of law means recognizing the freedom of belief or religion, with the consequence of separating the state from the church, the political space from the religious one. Secularization means the neutrality of the authorities, including in education, towards the diversity of religious beliefs and implies religious tolerance. Although today there is almost no formal relationship between law and religion, a latent connection between the two is preserved through their common substratum. Thus, law enforcement, even secular ones, are based on reasoning and observation, but also on feeling and intuition. Between the rules of law and religious precepts there are numerous points of contact, overlapping areas, similarities, differences and mutual influences. Law, judicial practice and legal doctrine also contain religious elements. Law regulates social relations between people, and religion deals with the relations between people and Divinity, extrasocial and extrasensory relations.

Particular aspects regarding the exercise of parental authority by other relatives

Geanina Manciu — 2024-06-30

The purpose of our scientific approach is to briefly present the conditions provided by law, which must be met in order for parental authority to be exercised by other relatives. Thus, the main aspects that the national judge scrupulously checks for the legal and thorough settlement of a civil case, which has as its object the legal situation of a minor, are advanced punctually.
In a first stage, the concept of parental authority and the rule in this matter are analyzed, respectively, that the exercise of parental authority is carried out by parents together.
Then, the study focuses on the interpretation of the provisions of art. 399 of the Civil Code which regulates one of the exceptional situations from the rule stated above, namely, the one in which the court orders that parental authority be exercised by a relative.
At the same time, during the research, elements of judicial practice were exposed, and at the end, there are de lege ferenda proposals regarding the analysed matter.

Theoretical Aspects Regarding the Recognition and Execution of Court Decisions in Civil Matters in the light of the Provisions of Regulation no. 44/2001

Liliana Niculescu — 2024-06-30

An important role in simplifying formalities regarding the recognition and enforcement of court decisions was played by the adoption at community level of EC Regulation No. 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, which enshrines the principle of automatic recognition of court decisions handed down in the member states of the European Union. This simplification, in a first stage, will serve to eliminate the exequatur procedure. The ultimate goal is, in fact, the creation of a unitary European legal space in which the free movement of decisions is also integrated.

The Right Of The Firstborn In The Old Testament Laws Of Inheritance

Gabriel Florinel Ion — 2024-06-30

The concept of the rights of the firstborn is of significant importance in the laws of inheritance described in the Old Testament. This article explores the complex legal framework surrounding the rights of the firstborn as presented in various passages of the Old Testament.

Through detailed analysis of relevant biblical texts, historical contexts, and scholarly interpretations, this study investigates the evolution and implications of the rights conferred on the firstborn in matters of inheritance. The examination includes discussions of primogeniture, birthright privileges, and the distribution of family assets among siblings.

Furthermore, this article examines the implications of birthright for inheritance practices, family dynamics, and social structures in ancient Israelite communities. By shedding light on the legal principles governing the rights of the firstborn in the Old Testament, this research contributes to a deeper understanding of the historical and cultural foundations of inheritance laws in ancient Israel.

Access to education and school guidance for children with special educational needs (SEN)

Camil Neagu — 2024-06-30

Access to quality schooling remains a central concern for many parents of children with SEN and the options available differ widely across Member States. According to a report prepared for the European Commission by the Network of Experts in Social Sciences of Education and training (NESSE), children with special educational needs (SEN) are less likely to obtain high-level academic qualifications, and thus face greater difficulties entering and remaining in the labour market.

There is no commonly agreed definition in use across the EU, but most definitions encompass a broad spectrum of conditions that include physical, mental, cognitive and

educational impairments. For the purpose of this paper, we define children with SEN as children whose learning difficulties hinder their ability to benefit from the general education system without support or accommodation to their needs.

The European Agency for Special Needs and Inclusive Education (EASNIE) has defined inclusive education as ‘the provision of highquality education in schools that value the rights, quality, access and participation of all learners’4 EASNIE’s operational definition of an ‘inclusive setting’ encompasses all education where the pupil with SEN follows education in mainstream classes alongside their peers for the largest part – 80 per cent or more – of the school week.

Official decision of SEN: EASNIE defines an official decision of SEN that recognises a pupil to be eligible for additional educational support based on an assessment procedure involving a multidisciplinary team, including members from within and external to the school, a legal document describing the support the pupil is entitled to and a formal, regular review process of the decision.

International Business Environment - Theoretical Approach –

Mariana-Alina Zisu — 2024-06-30

In the last period, the international economy is marked by a diversity of fundamental transformations that shape the architecture of the interdependencies on the basis of which it operates. Two main, dynamic and largely complementary forces leave their mark on the new dynamics of the international economic picture: the deepening of the globalization process at the scale of the international economy and the emergence and maturation of regional commercial arrangements

At the same time, we are witnessing the fundamental redefinition of the foundations of international specialization, the redesign of the architecture of the actors participating in the global economic and commercial concert, and the fundamental change of the determinants of competitiveness on a regional and international scale.

Conceptual Landmarks Regarding The Principle Of Legal Certainty From The Perspective Of European Private International Law

Mihaela Pop — 2024-06-30

The general principles of European law are those unwritten rules of the European Union, originated from the Court of Justice's interpretation of treaties and other European legislation. An essential element of European private international law and a crucial component of the EU's legal framework is the idea of legal certainty. The concept in question pertains to the imperative of guaranteeing the stability and predictability of legal interactions across borders, particularly with regard to ascertaining the relevant legal framework in cases involving extraneous elements.

The principle of legal certainty requires that parties involved in a law dispute must have clear and foreseeable knowledge of the law, which governs their legal relationship between them. This means that the judges have to ensure that the law is applied in alike circumstances to all the people. To set the determining criterion of the applicable law in a case with relation to an extraneousness issue, it is also important to define the connecting or linking factors between different legal systems involved. These criteria can be diversified, i.e., nationality of the parties, their domicile, the place of the legal fact did happen or the law chosen by the parties.

Withstanding the legal certainty principle meant that the rights of the parties were to be respected and protected in line with the standards of Europe and the international community. The measures may include providing for justice and fair trial, respecting the right to a fair trial and protecting rights of the minority communities and other vulnerable groups.

This article examines the complex relationship between the laws of different Member States or between European Union law and national law, with legal certainty requiring a sufficient degree of predictability and also safeguards against arbitrariness within the legal system.

The Level of the Human Rights Protection in the Fragile Countries and its Impact on the Regional and Global Security

Krasimir Koev — 2024-06-30

Objectives: The current paper presents the data from the latest issue of the Fragile State Index (FSI) 2023 and proves the thesis that the countries with the highest fragile index have significant problems in the protection of the human rights, listed in the UN Universal Declaration of the Human Rights and European Convention for the Human Rights. Such countries like Somalia, Yemen, South Sudan, Syria, Afghanistan and others have also the highest scores in other dimensions of the Fragile State Index as: Security Apparatus, Economic Decline, State Legitimacy, Refugees and IDPs (Internally Displaced Persons) and this way present a serious threat for the regional and global security. Prior Work: Conceptualization of the term “failed countries” and review of previous editions of FSI. Approach: The paper is based on a detailed theoretical review and secondary data analysis. Results: The main conclusion drawn in it is that the FSI is a reliable tool for signalling the riskiest areas in a particular country that may pose a risk for the international security as well. Implication: The obtained results are useful for prognosis of the global security situation and prevention of some security risks. Value: Innovative point of view in relation to global security issues.

Protection of Personal Data within Platforms Developed in the context of Artificial Intelligence from the Perspective of National and European Law

Elena Sârghi — 2024-06-30

Artificial intelligence (AI) is an increasingly popular technology in modern society, successfully used in a multitude of fields, from health to transportation. When using such technologies there are also concerns about the protection of personal data, as AI algorithms can easily collect and process large amounts of personal data. This article will analyze the protection of personal data in platforms developed in the context of AI from the perspective of national and European legislation. We will analyze the relevant legal provisions of Romanian and European law, emphasizing the General Data Projection Regulation (GDPR). The conclusion of this paper is that protecting personal data in the context of AI is a complex issue that requires a careful approach by data controllers. In order to be able to ensure an adequate level of data protection, the operators must be up to date with the legal regulations and apply appropriate protection measures recommended by the legislation in force.

Individual completion of the competence gap of the jurisdictional bodies

Alexandru Prisac — 2024-06-30

The gap in the competence of the jurisdictional bodies can be filled in a normative way and in an individual way. On an individual basis, it is completed by virtue of the compensatory character of the general competence. Dynamic relationships and cases may arise in the permanent regard of jurisdictional bodies do not have full competence to resolve these cases. For this reason, in any state, the compensatory character of the powers of the courts is implicitly regulated. By virtue of this character, the courts can solve certain cases that other jurisdictional bodies have refused to solve. But often this character is neglected and courts do not take into account this compensatory character by virtue of the state's positive obligation to defend fundamental human rights and freedoms. In connection with these, clear mechanisms will be proposed to establish in the state legislation the regulations regarding the compensatory nature of the jurisdiction of the courts.

A new interpretation of art. 267 (3) TFEU. ECtHR 's role in finding the missing piece of the puzzle?

Mihaela Oprescu — 2024-06-30

The provisions of article 267 TFEU provide a procedural framework in which the dialogue between the national and European courts on the interpretation, respectively on the interpretation and validity of European law is formalised. The starting point for the analysis is that the Luxembourg court does not act in this procedure as a reviewing court, since only national courts are competent to decide whether or not to make use of it. This study therefore aims to answer the following research questions: What are the remedies or sanctions for failure to use the preliminary ruling procedure, particularly in the case provided for in Article 267(3) TFEU, where referral is mandatory? What is the role of the ECtHR in the institutionalised procedural dialogue between Member State courts and the CJEU? Can the human rights protection system under the umbrella of the ECHR be considered as the missing puzzle piece for ensuring effective judicial dialogue grafted on the preliminary ruling procedure? Are the rules of the preliminary ruling procedure set by two actors, one from the EU structure (CJEU) and another from the Council of Europe’s sphere (ECtHR)?