FAP - Law

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Stability of the law – a prerequisite for sustainable development
(Universul Juridic Publishing House, 2025-09-23) Vida, Ioana Cristina
In my paper, I aim to highlight the key connection between sustainable development and the stability of the law. In order to achieve these objectives, I have made a doctrinal and jurisprudential incursion, which led me to conclude that sustainable development is a concept whose practical implementation is dependent on national policies through its value, highlighting, ultimately, its link with the stability of the law. The results I have reached demonstrate that the law contributes effectively to achieving sustainable development only if there is legislative planning and if impact assessments are drawn up. Last but not least, the sustainability of the law is also ensured by its proper motivation.
From international and european obligations to national law: administrative capacity, legislative process and social actors in the implementation of ILO Convention no. 190 in Romania
(Universul Juridic Publishing House, 2026-07-02) Casian, Cristina
The implementation of international labour standards represents not only a normative exercise, but also a complex test of a state’s administrative capacity, institutional coordination and respect for democratic legislative procedures. As a founding member of the International Labour Organization, Romania is bound by clear international obligations, including those arising from ILO Convention No. 190 on the elimination of violence and harassment in the world of work. At the same time, these obligations intersect with European Union labour law, particularly with directives and principles related to equality, dignity at work and occupational safety and health. This paper analyses the process of implementing ILO Convention No. 190 in Romania from an administrative and governance perspective, focusing on the interaction between international commitments, European legal frameworks and national legislative mechanisms. It examines the role of public administration in coordinating working groups, drafting legislative proposals and ensuring compliance with procedural requirements, as well as the involvement of key social actors, including social partners, civil society organisations and parliamentary committees. By assessing both formal legislative outcomes and procedural practices, the paper highlights the challenges faced in translating international and European obligations into effective national law. It argues that successful implementation depends not only on legal alignment, but also on genuine social dialogue, transparent decision-making and sustained administrative capacity. The findings contribute to a broader understanding of how international labour standards are operationalised within national public administrations.
Personalised attacks, institutional trust, and judicial independence: how consolidated democracies respond and what Romania can learn
(Universul Juridic Publishing House, 2026-07-02) Crisan, Alexandru; Alistar, Victor
This article examines how personalised ad hominem attacks on magistrates undermine institutional trust and, cumulatively, weaken judicial independence. Focusing on Romania’s public sphere, it argues that delegitimation through personal vilification shifts contestation away from legal reasoning and procedure toward alleged motives, integrity, or private conduct, increasing perceived politicisation and creating chilling effects on professional decision-making. The study distinguishes legitimate criticism from delegitimation by tracing sustained personalisation, insinuation, decontextualisation, coordinated amplification, and cues of intimidation or informal sanctioning. Using comparative institutional analysis and process tracing, it surveys how consolidated democracies respond when judges and prosecutors are targeted, emphasising layered approaches that preserve free debate while limiting coercive reputational pressure. These include stronger court communication and transparency, professional standards for political and media conduct, targeted protections against harassment and threats, and credible accountability mechanisms that reduce the plausibility of smear narratives. The article concludes with lessons for Romania.
The problem of pollution in Romania: intergenerational justice – preserving the “clean air” resource for Bucharest
(Universul Juridic Publishing House, 2026-07-02) Matache, Iulian-Costin
This paper examines the problem of air pollution in Romania through the lens of intergenerational justice, with a particular focus on the preservation of the “clean air” resource in Bucharest. The central research question asks whether, and to what extent, Romanian legislation and public policies regarding air quality reflect principles of intergenerational justice and contribute to the protection of this resource for future generations. The paper has three main objectives: first, to outline the theoretical framework of distributive justice and resource allocation, drawing on the works of John Rawls and Ronald Dworkin; second, to explore the normative debate on intergenerational justice and the duty of present generations to conserve natural resources; and third, to assess the extent to which Romanian legal and policy measures address air pollution in Bucharest in a way that is consistent with these theoretical perspectives. Methodologically, the paper relies on qualitative analysis of political and philosophical literature, together with a document analysis of Romanian and European legislation, policy measures, and publicly available air-quality data. The findings suggest that, at the normative level, Romania has developed a legal and policy framework aimed at improving air quality and limiting pollution, including measures such as the Air Quality Law, the “Oxygen Tax,” and incentive schemes for low-emission vehicles. These measures indicate an increasing institutional recognition of the need to protect environmental resources for future generations, although important implementation and monitoring challenges remain.
Malicious use of artificial intelligence in political campaigns: Challenges for international psychological security for the next decades
(Palgrave Macmillan, 2023-06-10) Vacarelu, Marius
The generalization of Artificial Intelligence’s (AI) use in the following decades will create huge pressure on the voters’ mental security. The frequency of political campaigns—predominantly electoral—and globalization makes us face a real universalized political campaign, in which territorial boundaries matter less. AI has a rapidly increasing impact on how citizens seek, receive, impart, and access information in political campaigns and elections, especially through online platforms and social media networks. These platforms use AI as part of highly complex and opaque systems to curate content, resulting in a significant impact on freedom of expression. A wise legislator must understand that the strength of AI can collide with the reasoning processes of people, leading to serious disorders of the psyche—both individually and in groups—that can create dangerous behaviors in public space, disrupting important levels of society. Thus, it becomes necessary to study the effects that the malicious use of artificial intelligence will have on the psychology of people, as well as the general security of society and states, with the goal of creating a new international and national legal framework to prevent and sanction any AI use that is outside the moral limits stipulated by that framework.
Artificial Intelligence and Higher Education Legal Limits
(Springer Nature, 2023) Vacarelu, Marius
Human knowledge has undergone a constant process of information accumulation—first about nature, then about space, and finally about most of the social processes in which a human being is involved during life. Obviously, not all this knowledge is exhaustive, but libraries are impressive witnesses to the work of so many generations of researchers and teachers, and no doubt we can appreciate it objectively as positive results in many areas. The evolution of knowledge has made a huge leap since the invention of printing, and from that moment, a growing category of people have access to knowledge about contemporary realities, as well as cultural and artistic “products”. Knowledge has become increasingly “popular” in the background, meaning that the price of access to culture and information about every day realities has dropped to a level easily reached by more than half of each country's population. The second great transformation brought by the human mind appeared at the time of the Internet creation, which today has been extended to the dimension of new technology, called artificial intelligence. In this new paradigm, education is about creating new directions of action, and as a result, changing the entire human society. Within this great transformation, higher education—carried out in universities—will play a fundamental role, and the legal limits of the activities that these huge research centers are doing well in turn influence the next decades of all nations and countries, with no exception.
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.
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.
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.
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”
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.
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.
Europe, a Second-Hand Power in The AI World
(2023) Văcărelu, Marius
In this decade we are witnesses and even actors of the establishment of a new technology, which has the power to change psychological realities, but especially in the sphere of politics and economics. The emergence of Artificial Intelligence – or more precisely the huge leap that this technology has made in recent years – has brought a series of relevant questions, both from a strictly scientific point of view and from a practical perspective. Unlike the previous decade, when perhaps part of the debate seemed too advanced, now we are in full competitive reality. It should not be forgotten that the present, if it is competitive, allows human intelligence to assert itself in conferences, articles and volumes. Since Artificial Intelligence brings with it so many changes in such a short interval and in (too) many fields, it is logical that the number of studies on the subject of its implementation should also grow constantly. Europe’s situation in this huge process of change needs to be debated. The specific conditions of the continent raise several issues, and among these, the most important seems to be its position in the global ranking of the implementation of Artificial Intelligence. It is precisely this aspect that I am trying to examine in this text, with the firm promise that in the future I will also research the changes that appear in this huge global competition.
Politicians and Artificial Intelligence Refusal: Brief Considerations
(Academic Conferences International Limited, 2022) Văcărelu, Marius
Technological development of the last decades changed not only working procedures but also economic hierarchies and – in many cases – it offered an instrument for ambitious leaders to bring a new perspective to countries, continents, or even the world in different areas: economy, law, politics, etc. Inside these new dimensions of human life, politicians are asked to create rules for societies, but also their specific tasks. At the same time, politicians are asked to think about the future and to settle the main directions for national development, in such a way to profit for today and the next generations. For such development plans, politicians need to consult many data and create a specific legal framework, able to increase people's skills in every area, in a coherent vision that includes Artificial Intelligence. Artificial Intelligence might have a special field of action in political competition, which must be regulated by the same actors able to use it. Such a specific legal possibility – to be able to regulate one of your tools – offers to politicians many interrogations about the limits of Artificial Intelligence use. Politics is a matter of power and history shows that many times politicians use many tools and administrative procedures to preserve or achieve power. Artificial Intelligence could be used for the same purposes and both scholars and citizens will be important to study how politicians will regulate it. In this case, an important topic is the Artificial Intelligence acceptance in political completions and if politicians will try to regulate its use with a specific interdiction on the political area. It will be also important to see if such interdictions will consider the danger for democratic institutions or other reasons like psychological dangers to the human mind, costs of implementation, etc.
Local Collectivity v. Administrative-Territorial Unit–a Legal-Semantic Perspective
(T&T Academic Publishing, 2021) Bălan, Emil; Varia, Gabriela
The paper topic is placed in the general context of implementing democracy at the local level by means of decentralization of public administration (PA). This interest requires the need of theoretical grounds for a series of new concepts, such as local power and subjects entitled to detain and exercise this power. The study is looking for an answer to the following research question: which is the scientific concept that describes the subject of local autonomy: the territorial-administrative unit or the local collectivity?
The Semi-Presidential Republic: French Origin and Different Perspectives in Europe
(T&T Academic Publishing, 2022) Varia, Gabriela
The present article examines the concept of semi-presidentialism since its conception by the scholar Maurice Duverger and presents the evolution and the features of the French semi- presidential system, which served as a model for many of the post-communist presidencies in Europe. The last section of the paper is focused on intra-executive conflicts that arise in the semi- presidential systems, conflicts which are usually regarded in the field literature as negative, but also have the potential for leading to solutions when there is not the same majority supporting both the president and prime minister.
Improving And Strengthening The Effectiveness Of The Institutional Capacity Of The Judicial System
(2020) Alistar, Teodor Victor
The purpose of this paper is to present how overcrowding of the courts is a recurring and persistent problem of the judicial system in Romania. The problem is given on the one hand by the causes that have similarities between them but are not necessarily identical and which have their origin in a deficient regulation or a lack of correlation between the different normative acts, primary and / or secondary regulation, and on the other hand, by those identical, repetitive causes, usually triggered by a systemic problem. By using statistics, the paper aims to reflect the gravity of the situation regarding the activity in a busy court. The solution could be given by the implementation of some sort of standard system that comes with modern and efficient management tools existent in each institution regarding the justice system.
Options for Independence of Prosecutors in Exercise of Judicial Functions, Current Situation and Remedies. – Some issues of debate on the independence and accountability of prosecutors. Situational and trend aspects
(The Union of Jurists of Romania and Universul Juridic Publishing House, 2017) Alistar, Teodor Victor; Bitea, Cristian Vasile
The independence of justice is often debated in the Romanian legal community, regarding also the independence of prosecutors. The legislative changes are subject of review in accordance with international standards or approaches and national constitutional framework. From this dual perspective a set of reflections and requirements are presented to be taken into account in legislative review of prosecutors’ status with their assigned professional rights and liabilities.
Multiannual Dynamic Indicators For Human Resources Management Planning in Judicial System
(The Union of Jurists of Romania and Universul Juridic Publishing House, 2017) Alistar, Teodor Victor
Romanian Judicial system is often affected by legislative changes and external factors weighing upon its capacity to deliver justice as a public service. Prognosis is a key factor to determine the mid-term strategy of human resources given the natural internal dynamics and standard external factors. These are comprised in a list of specific influencing factors as well as quantification formulas to assess and use them. Their conjunction is reflected in DPF (Dynamic Ponderation Factor) for planning in judiciary.
Analysis of legislative changes concerning the registration of immigrants in Germany
(The Union of Jurists of Romania and Universul Juridic Publishing House, 2016) Cocoșatu, Mădălina
European Union's Common Policy on Asylum, Immigration, Visas and External Border Controls has the theme of Title V (Area of freedom, security and justice) of the Treaty on the Functioning of the European Union (TFEU). According to data from the Federal Statistical Office, 1.1 million immigrants have entered the territory of Germany in 2015, and of these, 500,000 have filed documents to apply for asylum. It found that there are inconsistencies in the level of activity of the five authorities in Germany that registers refugees. In this paper we analyze the legislative measures adopted or are being adopted to streamline the work of public authorities involved in the management of immigrants.

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