FAP - Law

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Browsing FAP - Law by Author "Moroianu Zlătescu, Irina"

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    Aspects of the protection of migrant children’s rights in the European Union Law
    (Universul Juridic, 2016) Moroianu Zlătescu, Irina
    The present study is based on the implementation of the UN Convention on the Rights of the Child in terms of immigration in recent years in Europe. There are analyzed some aspects of migration regulations and their implementation in cases of underage migrants in the European Union.
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    European Court of Human Rights – Guardian of the Protection and Strengthenning of Migration Rights
    (EconPapers, 2023) Moroianu Zlătescu, Irina; Grigorescu, Alina Mihaela
    One of the most complex phenomena evolving worldwide is migration. The dynamics of migration are reshaping societies and policies around the world. It influences states - origin, transit and destination alike - in all its profound components: political, economic, social, cultural, etc. Migration, part of the transnational revolution with its extensive and shrewd motivations, themselves of a political, social, economic and/or cultural nature, interrelated and often inseparable, is shaping a global architecture of national and international institutions and rules designed to manage this dramatic phenomenon, with its variable and unpredictable dimensions and implications. Over the last 10 years, migration has played an important role in the political transformation of Europe. Migration in Europe is not a recent phenomenon. What is new, however, are its forms and directions. This paper seeks to uncover these forms and directions, as well as the ECHR response to these new challenges.
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    Immigration And European Solidarity
    (Universul Juridic, 2020) Moroianu Zlătescu, Irina; Bucur-Ioan, Alexandra
    As a result of the intensification of immigration, European policy has evolved in recent years, the field being an open one. The main purpose of the article is to highlight the essential aspects of immigration at European Union level in accordance with the principle of solidarity. Immigration management is a central activity of sovereign states. As in the European Union, the supranational level has contributed to the application of the principle of solidarity. The European Union is at a turning point. The directions adopted at European regional level require an analysis, at the heart of which is the principle of solidarity.Despite the contradictions at the level of the European Union regarding the management of the process of mobility of people, the political agenda develops clear directions, and the official political vision is to encourage the phenomenon of legal migration and discourage illegal migration. The Common Immigration Policy pursues several objectives, that of managing migration flows, treating third-country nationals in an equitable manner, and preventing and combating illegal immigration and trafficking in human beings. Solidarity is a key word in the management of immigration, as all the European Union's objectives in this area require a shared responsibility of all Member States. Thus, cooperation between states is vital. Without cooperation and solidarity the joint project will face difficulties and cannot be implemented effectively. Firmness and solidarity, as well as shared responsibility, are the key words for European policy on managing migration in the European Union.
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    Implementation of the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and Their Environment
    (Universul Juridic, 2019) Moroianu Zlătescu, Irina; Zlatescu, Petru Emanuel
    The European Commission for the Effectiveness of Justice (CEPEJ) of the Council of Europe adopted at the end of 2018 the first European document setting out the basic principles of the use of artificial intelligence (AI) in national judicial systems, principles that reflect both fundamental values and essential methodological requirements for the creation and development of algorithms. The degree of development of access to justice in AI instruments, however, differs from state to state, starting from random distribution of cases, processing of judicial decisions and data by AI, tools of predictive justice up to the solving of cases by a robot.
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    The Implementation of the International and European Union Legal System Into National Regulations, in the Context of Globalisation
    (Universul Juridic, 2021) Moroianu Zlătescu, Irina; Belu Magdo, Monna Lisa
    The following study aims to asses and present the role of the United Nations Organization, the Council of Europe and the European Union, the legal provisions issued by these institutions, as well as the mechanism they posses in order to enforce these provisions, within the development of global and regional law. The present study specifically reffers to the transposition of the international private law and the European Union law into the national regulations and legal systems, the manner in which the implementation is achieved and the relation between the international and the national law. The integration is to be analyzed in reference to the nonregulatory, nonmandatory mechanisms, but also in refference to the national law system, considering the ratification of the treaties by the national legislators. The specificity of the implementation of the European Union law into national provisions is to receive special attention and focus, as the European law prevails over the national law and in relation to the national Constitution, as a mark of the national independence.
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    Towards a Global Pact For The Environment
    (Universul Juridic, 2017) Moroianu Zlătescu, Irina
    On the occasion of the UN General Assembly in New York on September 19th 2017, the French President Emmanuel Macron presented the draft of the Global Pact for Environment in front of Heads of States and Governments, representatives of the civil society and of the private sector, the 193 member states of the organization, in the presence of the UN Secretary General Antonio Gutteres and of the President of the French Constitutional Council, Laurent Fabius1. This pact, if adopted, will complement the legal building of the fundamental human rights norms created by Rene Cassin2, reinforced by Karel Vasak3 by creating the three generations of rights4. Each of these generations could now have its own Covenant. For the first two generations of rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights were adopted in 1966. For the third generation, this new Global Pact will come to cover the most part of rights. It will be the one that will lead mankind to "act for the planet, to act by law”