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Lex et Scientia International Journal
from January 2006
Last Number: January 2010
ISSN 2066-1886
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Year 2010
- Nbr. XVII-1, January 2010
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Law
By studying the legal practice in the field of criminal provisions application regarding the prevention of and fight against illegal trafficking and consumption of drugs, the authors observe that in art. 4 of Law 143/2000 regarding the illegal drug holding for personal use, the interpretation made by the legal organs is not unilateral, two points of view taking shape. Thus, it is considered, from one point of view, that the infringement stipulated by art.4 of Law no. 143/2000 regarding the il...
Discussions regarding the causes of the non-unitary legal practice in Romania
One of the most frequently invoked reasons for the lack of unity of the legal practice is the imperfection of the laws. Indeed, in the legislation in Romania, it is found that the laws are very often unclear, incomplete and use an incorrect language. The Romanian legislator may also be reproached that the modifications of the legislature are very frequent and substantial which leads in many domains such as the tax laws, to an almost objective impossibility of knowing all the legal norms ne...
Ensuring uniform administration of law in criminal matters - The hungarian way
Introduction. Separation of powers. Connection between legislation and justice. Independence of justice. Limits of the independence. Interpretation by the legislator – what we can find in the commentary of an act?. Interpretation by the courts. What is the role of the supreme courts?. The role of precedents in different systems of the law - two examples: England and Hungary. Decisions of the Supreme Court – do they have binding force? Legal background. Who is responsible of the uniformity of ...
Considerations regarding the maintenace of the preventive arrest during trial
Depriving a person of his/her freedom for trial purposes for a longer period of time represents an issue that, in all legislations, is considered very carefully, the provisions issued reflecting to a large extent the position of the law regarding the real and effective guarantee of the individual freedom. The absolute character of the initial duration of 30 days for the preventive arrest can only be cancelled by the use of a procedure, which is recognised by the Consittution, to continue d...
Guarantees specific to a fair trial in criminal matters. Harmonisation of jurisprudence
By adopting the European Convention on Human Rights (hereinafter referred to as “the Convention”) in 1994, the Romanian State recognised the necessity that any criminal trial should be carried out under fair conditions, in accordance with the requirements of Article 6 of the Convention. In this study, we are going to analyse the requirements of the Convention applying especially to criminal trials, namely those related to the right of the charged person to be informed promptly, in a langua...
The paper will offer a survey of the most important and recent ECHR decisions that sentenced Italy on varied criminal procedure aspects. In particular, the essay will analyze how those decisions influenced both legislative choices and judicial decisions: as a matter of fact, the Italian Parliament approved specific laws in order to adapt the criminal procedure code to the ECHR decisions that sentenced Italy; the Constitutional Court, as well as the Trial Courts, also changed its perspectiv...
The prohibition of reformation in peius in the hungarian jurisprudence
The prohibition of reformatio in peius in the judicial practice. The statistical analysis of the appeals filed by the prosecutor - in the light of the prohibition of reformatio in peius. References.
Crime investigation methodology of money laundering offences
As a result of the non-adoption of certain new laws specific to market economy such as: the bankruptcy law, the law of incriminating tax avoidance, the law on foreign currency transfer etc., as well as the desincrimination of offences concerning the public wealth, the crime phenomenon is increasing. To this end, the enforcement of the provisions related to offences concerning public wealth, due to the reduced amount of punishments, does not perform anymore the general necessary prevention,...
Freedom of administration in the tax law and abuse of right
Taxes are „the evil” in the absence of which the established companies cannot exist. The states need taxes in order to be able to fulfill the tasks for which they exist, and people – social beings by their nature – need states. But in their increasing need for revenues, states misuse the taxation right and the defense means of taxpayers for this purpose are limited. Between the need of the state for resources and the tax liabilities of taxpayers there must be a balance, its lack being inju...
The new Civil Code brings back into the Romanian legal landscape a very rare and apparently obsolete institution – the engagement. This article analyses the evolution of engagement, its substantial and formal conditions, the content of this sui generis act and also the sensible issues concerning the judicial effects of the engagement, especially as regards its cessation. Also, elements of comparative law are depicted, highlighting the correlation between the consequences of breeching the e...
Legal-Service-Oriented Architecture (LSOA) in eLawyer
Legal services have long been practiced under a monopolistic mode, face-to-face consultation between lawyers and clients being the prototype. Pervasive use of information systems provides the possibility for clients to access legal services in a more cost-effective way. eLawyer is an electronic system assisting lawyers to provide and clients to receive legal services. In this paper, I would like to introduce current development in the respect of eLawyer. In this paper, a broad outlook on l...
Legal personality and powers of the European Union
Based on legal personality, EU won through Treaty of Lisbon, in accordance with the system of division of competences between the Union and the Member States as provided for in the Treaty on European Union and the Treaty on the Functioning of the European Union, competences not conferred upon the Union in the Treaties remain with the Member States. When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Member States shall exercise their com...
Issues raised by the case law on administrative suspension
This paper has taken into account the legal practice generated by the two texts excerpted from Law no. 554/2004, respectively articles 14 and 15. The need of such an endeavour is justified by a heterogeneous practice, which has created confusion amongst justiciable people. The suspension of administrative acts represents an institution in itself, and in this situation, we deal with the cancellations ruled by the courts when certain cumulative conditions are not complied with. This is preci...
The fundamental principles governing the profession of lawyer in Romania
1. Introduction. Principle of legality. 2. Principles of freedom and independence. 3. The principle of autonomy and decentralization. 4. The principle of professional secrecy. Conclusions.
Economy
Stability - Change balance in sustainable organizations
The sustainable organization represents an added value generating entity, integrated in the economic, social and ecologic environment, which constantly creates competitive advantages relative to competitors. The paper proposes an analysis of sustainability at an organization level, both from the perspective of cultivating and developing good practices promoted in the organization, and from the perspective of designing and implementing organization change programs. Modalities by which the m...
The impact of monetary policy toward indonesian stock market under inflation targeting regime
A high volatility in stock market movement can be influenced by current news both domestic and international economic shocks, including the ongoing global financial crisis that affect Indonesian economy in particular. Based on empirical studies and theories, that monetary policy can be an effective tool in order to stabilize the stock market volatility. Monetary policy can have a significant effect on the movement in stock market. Does it really happen on Indonesian macro economy? This pap...
Bank risk management – The main problem of the monetary economy
After the 70’s when there had started a series of economic crises, of raw materials and financial and banking crises, the world economy has experienced strong inflationary processes, fluctuations in exchange rates and increasing competitive processes as a consequence of the removal of control on international capital transfers, the development of information technology systems, etc. All these situations, as well as the absence of clear and transparent regulations for prudential banking, ha...
Some considerations over consumption and happiness in the romanian society
How much money does a man need to be happy? “Just a little bit more” is how John Rockefeller famously answered this eternal question. Over time, many studies focused on determining this undefined “a little bit more”, in terms of a little bit more money, thus increasing incomes, or in terms of a little bit more goods and services, thus increasing consumption. Individuals have the tendency to overestimate the utility of extrinsic goods and activities, like income and status, overestim...
The content, premises and factors of the offshoring of business services
The percentage of companies applying to the offshoring of business services is growing constantly. Large transnational companies play the most important role in the services offshoring phenomenon both through the captive offshoring and subcontracting to local suppliers. The analyses show however a different strategic approach in American and European companies. Hosting these corporations by a growing number of countries depends however on ensuring by the hosting countries of those factors ...
Human resource management: an analysis of strategic approach
Globalization tendencies appeared as an outcome of scientific and technological innovations in 20th century impact the Human Resource as well as most other department in a company. Like in many companies, HR department accompanied by the change of sectoral structure in a business is the main element which determines Economic Performance. This study investigates the causal relations between company performance and its HRM Department. Keywords: Strategic Hu...
Procurement phases in the process of procurement in Kosovo
Critical studies of the procurement process in Kosova, and comparisons with the best European and worldwide experiences, are a good base for developing an efficient procurement system. I conducted a Survey in the Office of Procurement. A particular part of the work has been dedicated to procurement procedures. Comprehensive Study of Procurement in Kosovo based on facts and statistical indexes figured through statistical software SPSS, MINITAB, EXEL (highlights author of study), created eas...
European unemployment trends and social dumping - Financial crisis aftermaths -
High unemployment is widely regarded as the most important challenge facing European policy-makers today. At unemployment rates of between 6.5% and 25% across the countries of the Union, Europe's performance compares particularly unfavourably with that of the United States. But does this answer for an inability to understand the fundamental causes of the problem, being them economic, social or political or a failure to find the economic policies that will solve it? Or is there merely a lac...
Motivation to share hospital building design knowledge by information technology in Hong Kong
Hospital building design is important as it is the place where bacteria and microorganisms concentrate. Poor ventilation system and layout traps disease causing pathogens, threatens the lives of many frontline workers such as doctors, nurses, and health care assistants. While design knowledge sharing by IT ensures a rapid knowledge sharing among designers from all over the world, what are their motivations? Few or no paper has studied this issue. This paper studies this base on 4 tradition...
Administrative Science
The marketing mix is the essential instrument in implementing marketing in the public sector. This paper brings into evidence the particularities of conceiving, elaborating and applying the marketing mix in public institutions. The particularities of the marketing mix that is applied in public institutions are imposed, on one hand, by the role played by the public institution and the place it occupies in the contemporary society and, on the other hand, by the objectives it defines by its m...
Third World States: Building political institutions on a different ground
This study follows two main explicative models regarding Third World states - the one originating with political economy (the modernization and dependency theories) and the one belonging to the political development (especially bound to the comparative politics), attempting at identifying the problems of state edification in third world countries. Keywords: Third World, Modernization Theory, Comparative Politics, Political Development, Fragile States.
Spirituality and globalization: a multi-level equation
The article focuses on the dynamics of human life patterns in order to underline the complexity of the issues of spirituality and globalization. It is a must of individual and social balance to bring forth the most challenging aspects of a universal transition towards a global society in order to positively interfere into the continuous polemics regarding the real nature of the human being and to decipher through communication its stable characteristics destined to evidence the unity prese...
The revolution and the military. An analysis of the Egyptian and Iraqi Revolutions
The paper tries to assess the role the military plays in revolutions. The first part of the study focuses on the manner in which the competing theories of revolutions try to explain and accommodate the military’s participation in revolutions, attempting to show that the limits of these theoretical enterprises call for a renewed research into the subject at hand. The second part of the paper tries to build a conceptual model, starting from the hypotheses of Charles Tilly, Samuel Huntington ...
The analysis of corruption in public administrationa quantitative method
This paper aims to examine, starting from Romania case, the degree in which decentralization process and improvement of local governance contributes to reduction of corruption on short and medium term. Through the used methodology, the paper is in line with the international trend that aims to analyze the impact of corruption on economical and social processes at the local level. For corruption analysis we used a simple dichotomist logistical model. From the obtained results, at one hand –...
IT
The impact of new technologies in the knowledge society
We live in a society where information and knowledge are dominant characteristics. The information revolution has most clearly invaded our homes and is hard not to agree that life has improved substantially. Society is becoming “knowledge society” and information has played a central role and had a great impact in all aspects of life. Economy, society, education, science and technology are all changing. New technologies will continue to play a key role and influence society. Adoption and i...
The study presents the importance of health sector and the usage of information and communication technologies (ICT) in support of health and health-related fields. ICT has an increasingly essential role in the healthcare system. Although most hospitals in Europe have some kind of an information system in place, only a few of them have “fully” integrated and functional hospital information systems solutions installed. The study aims to show the overall health and eHealth situ...