Danubius University of Galati
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Latest documents

  • The Consequences of the Covid-19 Pandemia on the Performance of Contracts: Short Comparison between China, French and Romanian Civil Law

    The purpose of this article is to present the way in which the COVID-19 pandemic influences the execution of civil contracts and which is the legal framework that regulates this exceptional situation. The study wants a comparative analysis between Chinese Civil Law, French Civil Law and Romanian Civil Law all from the point of view of the applicable norms and the jurisprudence

  • Criminological Analysis of the Crime Concerning Organ Trafficking

    While organ transplantation is increasingly used as a medical treatment, the main factor limiting its application remains the lack of available organs. In general, the kidney is the most commonly transplanted organ, being a life-saving solution for patients with end-stage renal failure. Living donors can donate a kidney anda part of the liver. Equally, heart and liver transplantation is frequently practiced. Other organs such as the lungs, pancreas and small intestine can also be transplanted. And it should also be taken into consideration that new types of organ transplants are being worked on. It should be mentioned that all organs can be donated after death

  • The Concept of Computer Crime

    Computer crime is a phenomenon of our times, frequently reflected in the media. A study even indicates that the fear of cyber attacks far outweighs that of ordinary thefts or frauds. Criminological research on offenses committed through computer systems are still in the exploratory process. Even those achieved so far tend to change the classical way in which crimes are viewed in the current criminal justice systems. (Amza, 2003, p. 14)

  • Criminogenic Causes and Factors that Contribute to the Commission of Crime by a Minor

    Regarding the age from which the criminal responsibility of the minor begins, it is noteworthy that the age limits that define the minor depend on each legal system and take into account the economic, social, political and cultural system of each state. Consequently, the minority comprises an age group between 7 and 18 years or older. For example, in the United States, the demarcation line between minors and adults differs from state to state and, sometimes, even within the same jurisdiction, depending on the context. If, in a certain state, an 18-year-old can sign a contract, he or she cannot buy alcohol before reaching the age of 21. Therefore, each American state has its own laws that define the concept of minor and adult. Thus, in the state of Massachusetts, any child between the ages of 7 and 17 "who violates an ordinance or municipal decision or commits any offense under a Commonwealth law" is considered a juvenile offender - unless he or she is charged with murder or crime, in which case shall be treated as an adult at the age of 14 years, although there is no reason to explain why the same defendant should be treated as minor when being charged with theft and as an adult when charged with murder (Semenescu & Semenescu, 2009, p. 50)

  • Brief Glossary of Terms on Communication Law and Information Technology

    Given that the predominant communication is on the Internet and the use of new technologies, the knowledge of common terms in the field, as well as the actual use of these technologies can often become overwhelming. What does Word Wide Web (WWW) mean, URL, source code, object code, software, portal, search engine, peer-to-peer (P2P) networks, web-blog, online credibility, electronic harassment, phishing, cyber violence, hacking, etc.? That is why we intend, in the current document, to clarify some questions regarding the knowledge of the field and the terms used, in order to better understand the virtual phenomenon and its forms of manifestation. We intend to present a short glossary of terms and expressions, with explanations and examples. The documentary material will then be presented to the entire academic community and, in particular, to the students, the priority recipients of the scientific activity

  • Justice Reform in Albania with Particular Focus on the Establishment of New Institutions

    This paper aims to focus to a very historic period of Albanian legislation that is the new Justice Reform. The Republic of Albania has several years on reforming all the justice system by changing the structures and scope of most important justice institutions. These fundamental changes began with the Constitutional amendments in 2016, by establishing a totally new system, and adding a number of new institutions such as Judicial Councils, High Judicial Council (HJC), High Prosecutorial Council (HPC), Justice Appointments Council (JAC), High Justice Inspectorate (HJI), Court against corruption and organized crime, Special Prosecutor's Office against corruption and organized crime, Special Investigation Unit/National Bureau of Investigation and Re-evaluation Institutions. The method used for this paper is by analyzing the current legal provisions and describes the new structures and competences of each institution, by giving a presentation of the new Justice System in Albania

  • Some Case Studies Regarding the Application of the Principle of Legal Security in the Jurisprudence of the Constitutional Court of Romania

    The term legal security, in a doctrinal interpretation, evokes specialist common terms, thus: the retroactivity of the law, the appearance of legality, the appearance of the law, the applicability of the law, the predictability of the law, the legality of incrimination and penalty, legislative inflation, legal acculturation or even the obscurity of the texts of legal rules. A basic feature of the principle of legal security is that the existing legal rules must be predictable, known and understood and that the corresponding legal solutions remain relatively stable and unequivocal. Clarity and sobriety of the legal rule requires that that the text of the law must be formulated clearly, soberly, fluently and intelligibly without syntactical difficulties and obscure or ambiguous passages, and the shape and the aesthetics of expression must not prejudice the legal style, precision and clarity of the provisions of the legal rule. Another essential characteristic of the principle of legal security is that the existing legal rules must be predictable, known and understood and that the corresponding legal solutions remain relatively stable and unambiguous

  • Aspects Regarding the Legality of Search Warrants Obtained Based on the Recordings Conducted with the Logistics of the Romanian Intelligence Service

    The search warrants that were obtained based on the recordings taped with the logistics of the Romanian Intelligence Service are struck by nullity. This statement comes in the context in which the interception authorizations were enforced by a non-competent criminal investigation bodies, an aspect which is struck by nullity. Taking into account that the search warrants were granted exclusively on the basis of audio recordings obtained with the logistics and support of the Romanian Intelligence Service, the derivative proofs are to be excluded if they were obtained indirectly from illegal evidence. According to the Romanian Criminal Procedure Code, the recordings are to be conducted by the public attorney or the criminal investigation body. The Romanian Intelligence Service is an institution without judiciary attributions, with a secret identity. According to the Romanian Constitutional Court's Decision number 22/2018, if the surveillance recordings are obtained with the support of the Romanian Intelligence Service, this evidence is to be physically eliminated from the case's files in order to effectively guarantee the presumption of innocence and the right to a fair trial

  • Considerations Regarding the Validity of the Prosecutor's Procedural Documents Appropriated through the Application of a Stamp Containing his Signature

    The absence of the prosecutor when his participation is compulsory is sanctioned with the absolute nullity of all the procedural acts conducted without his involvement. In a criminal case where the ex officio notification report, the prosecutor's ordinances for the beginning of the criminal investigaton, of extending the criminal investigation do not contain the prosecutor's holograph signature, the court cannot verify if these procedural acts were truly issued by the prosecutor mentioned in them. The holograph signature applied by the prosecutor on the original procedural acts is the only method of guaranteeing that the procedure and content of these acts were assumed by the public attorney. The application of a stamp that reproduces the prosecutor's signature is an indirect and mechanical method of signing that brings the absolute nullity of the procedural act brought by the public attorney's absence in the supposed issuing of the document. This indirect method of "signing" does not allow to ascertain that the prosecutor has signed the procedural act, because a stamp can be applied by anyone

  • Considerations Regarding the Expertise of Optical Media that Contain the Results of technical Surveillance in Criminal Cases

    In order for the data that results from the technical surveillance to form a veritable means of proof, it is mandatory that such informations are not to be altered in any way and that the original support in which the data was printed to be kept secure. In the context of a society in which technological advancements are increasing at a rapid rate, there exists a real risk of altering such evidence. As such, it is in the prosecution's duty to secure the data resulting from technical surveillance. If there is doubt regarding the authenticity of such recordings, the only method to verify the reality of the data resulting from technical surveillances is a criminalistic expertise. Such an expertise can be performed in the course of a judicial inquiry so that the court can verify if the technical surveillance data has not been altered or manipulated in such a way that the actions of the defendants may gain criminal connotations. The jurisprudence is not unanimous in this regard, but if an opposite hypothesis is to be acknowledged, it would lead to absurd situations. Rejecting an expertise proposed in order to demonstrate the authenticity or the forgery of the data obtained through technical surveillance means convicting a person on the basis of unverified proof, while the European Court of Human Rights claims an express a posteriori verification regarding all evidence materials

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