Agora International Journal of Juridical Sciences

desde Enero 2007
Último Número: Diciembre 2014

Agora University Editing House
ISSN 2067-7677


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Núm. IV-2014, Diciembre 2014

Articles

Exercising the right to vote in the european economic interest grouping

The article proposes an analysis with respect to the exercise of the right to vote in the European Economic Interest Grouping. Both the European legislator through the Regulation No. 2137/1985, and the Romanian one, through the Law No. 161 of April 19th, 2003 related to certain measures to ensure the transparency in the exercise of the public dignities, of the public functions and in business, the prevention and sanction of corruption have given an important place to the autonomy of the will ...

One of the important roles of international judicial act in the process of maintaining international peace and security

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Self defense in the new regulation. Elements of compared criminal law

Article aims to bring in the most important aspects of self-defense. The paper refers to issues of comparative criminal law regarding self-defense. The second chapter of the new Romanian Criminal Code describes those justifiable causes, certain circumstances which eliminate the second essential trait of crime - the unjustified character. The New Criminal Code chose to divide the causes which eliminate criminal liability in justifiable causes, those causes which make a deed lose its illegal ch...

Objektformel' - Eventual acts of damage to human dignity

The Object formula ("Objecktformel") has been designed and developed in the mid century XX by Günter Dürig, starting from the second formula of Kant's categorical imperative. The Federal Constitutional Court of Germany took the formula and applied it for the first time in the case of the telephone conversations of December 15, 1970. The Object formula ("Objecktformel") was taken from the German constitutional law and applied in the jurisprudence of the European Court of Human Rights.

Considerations regarding systemic interaction of law with other social normative subsystems

This article tackles the issue of systemic interaction between various normative systems. As such, it addresses and analyses the system of law from the perspective the general systems theory. More than that, the paper analyses the links and interactions between various normative systems, called sub-systems in the paper, and the division of law, namely public law and private law.

Considerations on the limits of the private property right and its implications in the concept of urban renewal

The purpose of our paper is to analyze the concept of "urban renewal", defined by the Wallonian code on land use planning, urban planning, patrimony and energy and by the provisions of the French laws as the phenomenon by means of which towns and cities evolve in order to face new community needs. Urban renewal is closely connected to servitudes and private property limits, to which we will refer in the light of the provisions of the New Civil Code of Romania.

Theoretical and practical aspects regarding the phase of the pre-trial chamber phase in the criminal trial

The entrance into force of the new Criminal Procedure Code - namely of the Law No 135/2010 - on the 1st of February 2014, has brought in a series of modifications regarding the so-called "phases of the criminal trial". This is why, explicitly for the Romanian procedural legislation, was inserted by the legislator, before the trial itself, a pre-trial phase - hearing in the pre-trial chamber. The details of this hearing shall be analyzed below.

International criminal prossecution from ad-hoc to permanent criminal jurisdictions

Crimes against humanity committed by dictators obsessed with power have been constant throughout history. The front impunity for the most heinous crimes is something that causes immense social unrest and brings the message that the law does not reach those who are in power. States, begun striving to find mechanisms to punish those guilty of crimes against humanity and establish a permanent international criminal jurisdiction.

Abusive clauses in insurances domain

The occurrence and development of some specialised domains in selling off products and in providing services have generated also new forms of contracts, like adhesion contracts and typical contracts. Through their specificity, they lead to the occurrence of an imbalance between the services provided by the contracting parties, not in favour of the consumer or of the client, allowing the occurrence of abusive contractual clauses. Such clauses can occur also in the contracts concluded in the in...

Marriage and family life in the jurisprudence of the European Court of Human Rights

The article 8 and 12 - European Convention of Human Rights regulate the right to family and private life and, respectively, the right to marriage. These rights have been transposed into the national legislation of the States-members of European Union. The two rights that we are speaking of, which can be found as a constitutional principle and as an ordinary law, tries to reduce the public authorities interference into the private and personal family field. The reality proves that the right to...

Current tendencies of the european union developmentconsequences of this development on short and medium term

The institutional development of the European Union requires not only a consolidation of European union bodies but also common and coordinated policies, that inevitably imply the obligation of the Member States to give up to a part of their own powers, in other words to give in of their national sovereignty. The matter in question, at least from our point of view, is whether Romania is or not prepared for this kind of constitutional development.

Good faith in domestic sales law

Good faith is a true principle widely established by the positive law. But how does this principle operate? How is the connection made between an undetermined legal standard, such as good faith, and the practical operations by which contractual obligations are fulfilled? The essay will answer to these questions by providing a comprehensive analysis of how the concept of good faith operates in a variety of national law systems.

Role of the interpretation reserve in the constitutionalization of Romanian and French criminal law

The interpretation reserve is the only instrument through which the criminal judge becomes an actor in the constitutionalization process of the criminal law, because although he does not rejoice from the competence of rendering decisions the on constitutionality or unconstitutionality of law, the interpretation under reserve directly refers to it, by the compulsoriness of observing the sense granted by the constitutional court.

Ethnical minorities and issue of changing the state territory

Although, traditionally, the European Union is associated to the uniformity of the rules imposed, such as common market or unique currency, the challenge for European Union consists in finding the balance between the uniformity of economic rules and diversity involved by the multitude of traditions, cultures, ethnic groups living between its borders, diversity to be enriched more pursuant to the accession of candidate states. Therefore, even if through time it was brought in discussion countl...

The exercise of a right or the carying out of an obligation - Justified causes reintroduced into the New Romanian Criminal Code

This study aims to analyze an old concept, namely, the exercise of a right or the performance of an obligation as one of the justified causes, reintroduced into the new Romanian Criminal Code after more than 40 years. Even having a long history of existence within the Romanian criminal codes adopted in 1864 and 1936, during the communist era, once adopted the Romanian Criminal Code in 1968, in force until 1-st of February, 2014, this justified cause had been removed. At the time, the communis...

Documentary fraud as seen by the documentary fraud bureau of the direction of border police

Today, we are witnessing a globalisation and intensification which is unprecedented in the history of migratory flows in our country. These flows are now of a very complex nature as placed under criminal rule. With this level of organisation, we are not just trying to counter illegal immigration, but fighting against criminality. In this respect, the use of forged documents or documentary fraud in general is a great boon to the activities of the clandestine networks and constitutes an excelle...

The right to legal assistance and representation - General aspects

The current paper wishes to generally analyze the right to legal assistance and representation, a component of the right to be defended and of the right to an equitable trial, which is regulated in internal law as well as in international law, such as the European Convention of Human Rights or the African Charter on Human and Peoples’ Rights.

Involving older people after retirement in society and family

In recent years sociologists believed that for individuals withdraw from active life was an event with exclusively negative consequences, recent research has shown that especially when seniors are in good condition and have adequate income they feel satisfied with the changes of retirement. In some fields (education, medicine) they can continue their work a few years in the private sector. In the society we live competence should be a key factor that makes people to be open or not to social c...

Electoral offences after the entrance into force of the new criminal code

The entrance into force of the new Criminal Code - namely of the Law No 286/2009 - on the 1st of February 2014 has brought a series of modifications in the constitutive content of the offences stated by the old Criminal Code, also introducing some new ones. Also, this new legislative document took over a series of offences stated, until its entrance into force, by many special laws, grouping them in its content. Under this scope was registered the introduction in the new Criminal Code of the ...

Status Civitatis' in the Romanian Sibiu Assembly of 1864

Status civitatis configured by the laws of the first Romanian Assembly held in Sibiu between 1863 and 1864 reflects a change of essence of the constitutional regime of Transylvania, by enacting, for the very first time in Romania, a principle of liberal democracy, that of representing the citizen in the chosen institutions of the state.

The judicial regime of annulment of marriage and the effects of marriage annulment

We have chosen to put together this study with the intent of examining the judicial regime of marriage annulment and the effects of marriage annulment. Such action involves researching the rules which govern absolute annulment or relative annulment of marriage, who can invoke annulment, the term in which it can be invoked, if annulment can or can’t be reclaimed. The second part of the study discusses the effects of the annulment of marriage.

Plea bargaining: A panacea towards prison decongestion in Nigeria

Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal jus...

Offense - The only ground for criminal liability

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: "offences are the only grounds for criminal liability", which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot ex...

Validity conditions of the juridical act

The legislative act is the subjects` will to create, modify or extinguish a juridical relation of Civil Law. Hence the fundamental elements of the existence of civil juridical act, namely: 1.the subjects` manifestation of will 1.intention to produce, modify or extinguish civil juridical relations 1.the juridical effects whose induction is aimed by parties Consent is an essential prerequisite of validity for any juridical act and it is defined as the parties` decision to complete the juridical...

The structure of executive power. The structure's evolution of the executive power in Romania

The monist or dualist character of the executive, a character determined by the structure of the executive, must not be mistaken for the monist or dualist character of the parliamentary regime, in which case the government is still at "the center of attention" but from a different perspective.

The Council of Europe and its consecration regulations and protection of human rights

The Council of Europe is the main international organization with vocation intergovernmental regional/European which has the fundamental objective consecration and protection of human rights. The Organization shall constitute the institutional framework in which had been initiated and developed, under the aspect its rules and mechanisms, the best international system in human rights domain, European system consecration and protection of human rights. Main conventional legal instruments in the...

Role of customs and border cooperation in fighting the terrorism financing and funding proliferation

In the context in which strategic objectives for of the customs union concerns, first of all, protecting the EU, international cooperation is in itself a strategy within the EU customs policy. This study seeks to identify concrete solutions that can restrict the financing acts of terrorism and crime in terms of economic and financial trade by reducing fraud and tax frontier. The involvement of international organizations specialized in trade facilitation and simplification of customs as well ...

The international humanitarian law applicable in the new types of armed conflicts

The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative conventions, especially the first and second world war, resulting in texts that are applicable even today.

Considerations regarding the compliance of Romanian legislation with the directive (EU) NO. 42/2014 Regarding the freezing and confiscation of the instruments and products of crimes committed in the European Union

The work analyzes the compliance of domestic legislation with the Directive (EU) nr. 42 of April 3, 2014 for the freezing and confiscation of the instruments and products of crimes committed in the European Union, in anticipation of the need to adapt it until the deadline laid down by it, namely October 4, 2016.

The arbitral decision pronounced in ad-hoc domestic-law arbitration in the regulation of the New Romanian Code of Civil Procedure

The need to relieve the Romanian judicial system from the large number of cases, coupled with the assignment of specific prerogatives to certain people, bodies or institutions regarding the settlement of certain disputes, has resulted in the extension of arbitration as a significant way of settling litigations of a private nature. This article presents some issues referring to arbitration in Romania, and then analyze, from the perspective of the New Romanian Code of Civil Procedure, the featu...


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