FAP - Law

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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.
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.
Alternative Dispute Resolution in Public Procurement Contracts - Administrative Law Boundaries
(Bibliotheca Târgovişte, 2018-11) Cărăușan, Mihaela Victorița
The article discuss the developments in the field of alternative dispute resolution in construction contracts. The area attracting the attention is the debate over the use of alternative or statutory dispute resolutions in construction contracts. This article explores the new legal grounds of arbitration in the Romanian administrative construction contract. Because of the lack of quantitative data the research methodology was based on the qualitative ones and we reviewed the literature on construction contracts, the Romanian legal framework and the Constitutional Court Decisions, and the good practices in the field of alternative dispute resolution mechanisms. Finally, by taking into account the barriers of the Romanian administrative and legal systems we discuss the insufficiencies of using arbitration in administrative contracts. This paper first provides an overview of dispute-resolution methods that can be used within public construction contracts. Then reviews the possibility to use arbitration method in administrative contracts. In the end, the paper summarizes and concludes with a direction for further research and development.
General Principles of the Administrative Procedure. The Romanian Perspective
(Babes-Bolyai University, Faculty of Political, Administrative and Communication Sciences, Public Administration Department, 2007-06-01) Bălan, Emil; Troanță Rebeleș, Dragoş Teodor
From our perspective, the administrative procedure represents in a simple way the rules that apply to the activities of public administration structures (even if it concerns the drafting, the execution or the control of administrative acts or the realization of administrative operations). In the context represented by the need for reform and modernization in the public sector, the administrative procedure has to systemize, simplify and unify public administration activity eliminating the contradictions between the administrative actions. The reform and modernization of public administration needs in our opinion to state and establish in a clear and prescriptive way the rules concerning the general administrative procedure, in other words – the rules that guide the decision making process, that assures openness and transparency, the respect of citizens’ rights and interests, the efficiency of public administration. Our paper – “General principles of public administration procedure. The Romanian perspective” analyzes some of the general principles that apply to the administrative procedure as they are formulated in the internal legal order, principles governing the administrative procedures that are not yet systemized and unified in the form of one complex law, representing the first stage of our project. Taking into consideration the internal experience, our future research in this project will continue this study, in order to realize the comparative dimension in two directions – one representing the level and experience of the European Union Member States and the other representing the European Union dimension.

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