Acta Universitatis Danubius. Juridica
- Danubius University of Galati
- Publication date:
- European Policies in Mediation as an Alternative in the Courts of Law
The aim of this article is to synthesize the importance of mediation as one of the most used methods regarding the alternative solutions to courts of law. The approach is qualitative and is focused on the increasing trend of mediation in Europe, an evolution of the related European policies and the medium and long-term perspectives of mediation.. For this purpose we used the case study regarding countries such as Italy and Romania, countries that have introduced mandatory mediation before opening a judicial process. The study is important for those involved in the justice act (attorneys, lawyers, magistrates) and the novelty of the study dwells in the analysis of mediation in the various European government systems.
- The New Nuances of Subsidiarity Principle
Through this study we resume a topic analyzed by other authors as well, however we will highlight, based on analysis, observation and case study, after the entry into force of the Lisbon Treaty. Based on the historical perspective of the approach of this principle, we stopped on the subsidiarity’s place and role in the European reorganization. Subsidiarity principle is now a way of resetting the EU's relations with the Member States, while respecting the democratic principles established by the Treaty on European Union, increasing the role of national parliaments in the proper functioning of the European Union.
- About the substantiation of the security interest
Unlike the Civil Code of 1864, the current Code includes norms of common law and some application in different fields. The current regulation is not beyond criticisms given that part of doctrine seems tributary to the opinions formulated according to the previous norms. Starting from general provisions, we would like to point out that the substantiation of the security interest, in this new configuration, expands beyond the existence of a material connection between the receivable and the asset and the lawmaker has, upon the preparation of the Civil Code, a broader vision.
- Certain Aspects Concerning Trial under Admission of Guilt
The trial under admission of guilt is an abbreviated procedure relying on a guilty plea, and it may be applied if the conditions stipulated in the New Criminal Procedure Code are fulfilled. One of these conditions is for the defendant to fully admit of the deeds presented by the prosecutor in the indictment (he must not, however, admit the same upon the legal classification of offences). Pursuant to the simplified procedure, in the case of conviction or postponement of the application of the sanction, the punishment limits stipulated under the law are reduced by one third for imprisonment, and by one fourth for fine sanctions. The present article is a a continuation of the author’s own research and it represents a clear comment regarding trial under admission of guilt according to the N...
- The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples According to the New Criminal Code
The purpose and the objectives of the research consist of examining , thus presenting some recent examples of judicial practice that may be applied in terms of new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to judicial practice, and highlighting the elements of distinction between the two regulations. The study can be useful for both theorists and practitioners of criminal law, and to any physical entity.
- The Constitutive Content of the Operating a Motor Vehicle without a Valid Driver's License Offense according to the New Criminal Code
The purpose and the objectives of the research aim at examining the constitutive content of the operating a motor vehicle without a valid driver’s license offense, presenting recent examples of judicial practice that may be current still in terms of the new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to the judicial practice and highlighting practical issues. The study can be useful for both theorists and practitioners in the field.
- Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts
The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the...
- Cloning and Penal Limitations of Scientific Experiment
Human cloning is one of the matters that have been broadly discussed at a scientific and legal level. In this article, I will present the worldwide relevant aspects as regards this. The bioethical substantiation of forbidding human cloning is made, first, by the fact that the artificial cloning of a human being is a threat to the human identity because it endangers the protection against predetermining the human genetic constitution by a third party; the human dignity is thus endangered by transforming the human being into an object by artificial cloning. Given the insufficient coverage that the national legislation provides to this topic, according to the legislative experience belonging to other countries, this article presents some legislative proposals in order to fill in at least p...
- Governance of Human Rights in Albania
Restriction or control of democratic process itself for the executive power constitutes the essence of good governance and fair. As related to the quality of governance, are also issues of guarantees, respect and protection of fundamental freedoms and human rights. Significant role, in the process of governance, has the right to information, the right to dialogue, participation, those actions related to public activity. European Convention of Human Rights is the basic principles of all member states of the Council of Europe, to show and measured democracies values, peace and justice. All member countries, including Albania have included in the normative provisions, laws on human rights, based on the principles and decisions of the European Convention on Human Rights, which was developed...
- Some Legal Aspects on Acquiring the Quality of Parenthood
The quality of parenthood is the legal consequence of the manifestation of the procreation right, which is under the control of the individual will, but also the right to adopt, which after the exercise it submits the person to verification by the competent authorities on fulfilling the conditions of substance and the form provided by law. We decided upon a short analysis, based on the Civil Code provisions and other special laws, of the legal ways by which a person can acquire the quality of parenthood.
- Principles of European Family Law regarding Divorce - Special View Over the Romanian Civil Code
This paper aims to discuss the harmonization of family regulations at European level and also to analyze to what extent the Principles of European Family Law regarding Divorce have been included in the family regulations at national level. In order to reach the objectives, there were two research...
- Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far
Objectives: This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional...
- The Particularities Involved in Crime Scene Searchings in lIlicit Traffic of Drugs
The investigation of the crime scene plays an important role in discovering and sampling the proofs. The crime scene is considered to be the most important place in a penal investigation, as this is the place where the prints of the criminals and of the victims are to be found: visible, hidden,...
- Constitutional Judiciary in the Republic of Macedonia under the shadow of its Fiftieth Anniversary-Situation and Prospects
In this paper, the author analyzes the position, prospects and challenges of the Constitutional Court of the Republic of Macedonia, in light of the fiftieth anniversary of the existence of this institution which in the socialist past suffered from complete marginalization, and people’s conscience...
- Eutanasia, National and International Perspectives
The topic of euthanasia can be defined and analyzed upon considering several perspectives, such as the legal, religious, historical, philosophical, medical or ethical ones. This article attempts to supply a brief presentation of these perspectives, indicating the existing trends and standpoints at...
- Methods and Functions of Comparative Law
The purpose of this research paper is "to explain the topic" whose reviews are made. Hence, reviews of this research article refer to the legal content of the thematic area of comparative law, first and foremost, to . The elaboration of , as a starting point, has the historical origins...
- Law and Order or Global Disorder
Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin,...
- Legislative Oversight Functions in Nigeria. Odyssey of Hunters becoming the Hunted
Objectives: The trust of this research is to locate the legislative oversight functions as a key element in promoting accountability and transparency in Africa, view through Nigeria perspective. Prior work: The paper is anchored on the concept of separation of powers as it addresses an essential...
- The New Nuances of Subsidiarity Principle
Through this study we resume a topic analyzed by other authors as well, however we will highlight, based on analysis, observation and case study, after the entry into force of the Lisbon Treaty. Based on the historical perspective of the approach of this principle, we stopped on the subsidiarity’s ...
- About the substantiation of the security interest
Unlike the Civil Code of 1864, the current Code includes norms of common law and some application in different fields. The current regulation is not beyond criticisms given that part of doctrine seems tributary to the opinions formulated according to the previous norms. Starting from general...