Law, Society & Organisations

Publisher:: Law, Society & Organisations
Publication date:: 2020-10-22

ISBN:: L2537-477X

Issue Number

No. V, January 2020

Latest documents

The Practice of States Regarding the Legal Status of Individual as a Subject of Internal Public Law
Within the international society, several categories of entities act, all having the status of actors of international relations. However, not all of these are considered subjects of public international law relations. The necessity to determine the quality of the subject of law and to identify them is legitimized by the need to establish which of these entities have the capacity to acquire international rights and obligations, which of them participate in the elaboration of the norms of international law and in the development of the reports governed by the legal norms.
?Revista Teologica', the Journal of the Metropolitan Church of Moldova (1883-1887) - a Cultural Ecclesial Periodical or Simply a Press Organ of the Church?
At the end of the nineteenth century, in Iasi, an open conflict arises between the Metropolitan of Moldova and one of the professors of the Faculty of Law. As the time goes by, the conflict escalates, and supporters are added to both parties, both among the laity and the clergy. For this reason, the conflict enters in a sphere of politicization, the problem becoming a canonical-legal one. In order to win as many supporters as possible, both sides published one diary, „Desteptarea” «Awakening» and „Revista Teologica” «The theological Review», through which they wanted to show their supremacy and prove the guilt of the other side. „Revista Teologica” appears out of an apologetic necessity, but due to the freedom offered by the Metropolitan Naniescu, to the editors Dragomir Demetrescu and Constantin Erbiceanu, the ecclesial newspaper acquires a cultural-philosophical character.
Reasons Concerning the Restriction of Some Rights in Compliance With the Provisions of art. 53 of the Romanian Constitution
An essential dimension of the rule of law is the consecration and guarantee of fundamental rights and freedoms, ensuring the optimal conditions for applying them. State authorities have a negative obligation to refrain from any arbitrary or excessive interference that may limit or condition the exercise of constitutional rights. Any restriction on applying fundamental rights and freedoms by measures ordered by the state authorities must be exceptional and must comply with the conditions imposed by the Constitution but also by the relevant international legal instruments. Based on these premises, this study analyzes the constitutional institution of restricting the exercise of certain rights. It also looks into the main particularities of the principle of proportionality applied when restricting the exercise of certain rights, with references to the jurisprudence of the Constitutional Court and the European Court of Human Rights.
The Trial of the Group of 'Rugul Aprins' ('the Burning Bush')
The trial of the group „Teodorescu Alex. and others”, being so tragic in terms of consequences, keeps alive only one person out of 16: Radulescu Nicolae, Emanoil Mihailescu passing to the eternal life on February 27, 2019. From the desire to bring more light into the investigation of the becoming of Father Daniil Sandu Tudor during the latter part of his life, in 2015, I asked for the support of these last survivors - Nicolae Radulescu, Emanoil Mihailescu - true disciples, who sacredly preserved the relief of the flames of the Rugul Aprins (The Burning Bush) in their hearts. In fact, these people are, in our opinion, the most able to recover the course of the Rugul Aprins, since they paid with their own freedom for belonging to this „spiritual group”, notwithstanding the tendencies of the time which they were given to go through in this earthly life. The same reason, of the objective restoration of the investigation and the trial of the group of Rugul Aprins, led to the consultation of the archives of the National Council for the Study of Security Archives (A.C.N.S.A.S.), from which we selected a series of documents regarding the topic of this research. This time, the exercise of demistification of certain interrogation minutes, accusation ordinances etc. was realized by these two protagonists of those - Emanoil Mihailescu, Nicolae Radulescu - who engaged in this lucid effort of reconstructing the historical truth, escaping (as much as possible) the subjectivism.
The Arrest and the Investigation of the Group 'Rugul Aprins' ('the Burning Bush')
It is already a well-known reality, proven by the numerous volumes, studies and research aproaches published after 1990 on this topic that the amplitude of the personalities that made up the group of Rugul Aprins (The Burning Bush) still arouses the interest of historians, theologians, sociologists or philologists. The present study aims to reconstruct as truthfully as possible the stage of the arrest of the 16 people who constituted the group „Teodorescu Alex. and others”, also known as the group of the Rugul Aprins, by corroborating the data from the documents in the Archive of the National Council for the Study of Security Archives with the information from the memorialistic literature, but also with the interview of two people who directly had this experience - Emanoil Mihailescu and Nicolae Radulescu. The memorialistic literature corroborated with the official documents (see A.C.N.S.A.S.) offers an impressive number of evidences of the fight against the Romanian Orthodox Church, the policy of compromising the Church subordinating itself increasingly diverse and treacherous means.
Domain Names & (Trips): the Aspect of Protections Roots
Though the main goal of (TRIPS) agreement was established to organize Trade-Related Aspects of Intellectual Property Rights, some new rights related to intellectual property have arisen away from the scope of this agreement. One of these issues was domain names. Initially, it was argued that there is no relation between domain names and trips agreement due to the fact that domain names are relatively new issue comparing to establishment of TRIPS agreement. This might be right to a point with taking into consideration the unclear nature of domain names per se. However, revealing the real nature of domain names might bollix things up.
Crimes Related to Cross-border Tourism - Provisions of Material Law
Worldwide, the tourism and travel sector (business, visits) is one of the largest industries, the evolution being an increasing one, estimating, over 10 years ago, that approx. 3% of the active population in the world works in this field. Europe is ranked number one in the world as a tourist destination. The European countries most requested by foreign tourists are, in a random enumeration, Great Britain, France, Italy, Germany, Spain, Holland, Poland. The importance of the safety and health of tourists is essential, the countries adopting regulations that encourage the free movement of people for recreational purposes, in principle they have similarities between them. Among these regulations are, of course, those in criminal matters. As a result of the recognition of the right to free movement and of the economic development and the standard of living, the Romanian citizens became more and more active as tourists, choosing to travel for various purposes in almost all the states of the world. In this context, they must adapt their behavior to the laws of those states in which they move, but at the same time they must know the possible dangers that could affect their life, liberty, health or property, as well as the procedures to turn to if necessary. Romanian tourists, abroad, can become both victims of criminal acts and perpetrators of others, sometimes unintentionally or out of ignorance of certain specific local regulations. This is the reason why we considered useful the short presentation and analysis of the most common situations of a criminal nature in which the Romanian tourist could be found abroad.
Domain Names' Legal Dispute Impact: Value & Dispute's Cost
There is no doubt that domain names have founded new world of digital business equal to geographical traditional business world. And in such a borderless world (cyberspace), everyone has aimed to gain his own share. However, the features of the conflict over the contested rights have begun to appear publicly between the main stakeholders of cyberspace. Despite this, the conflict took legal shape, but in fact this legal conflict was hiding severe financial fighting. And when it is informed there is financial conflict between main stakeholders, it means there is a profit, loss, and costs come over this conflict. As a result, every legal conflict has its own financial equivalent if this legal conflict could be coded into financial values.
Prescription of the Criminal Responsibility of Children
The limitation of criminal liability is closely related to the promptness of the specialized bodies of the state in establishing the criminal liability and in applying the punishment corresponding to the crime. Thus, through prescription, the possibility of eliminating criminal liability was created when a period of time had elapsed since the crime was committed. The limitation of criminal liability consists in extinguishing the criminal legal report of conflict, in this case the state's right to establish the criminal liability and to apply the appropriate educational penalty / measure and, the obligation of the offender to bear the consequences of his actions, respectively.
International Drug Regulations
The unprecedented proliferation of antisocial phenomena in the sphere of organized crime is a source of insecurity for life social life and, equally, a real aggression against the rule of law. In contemporary society, terrorism, illicit drug trafficking and trafficking of human beings, armament, ammunition and radioactive substances are the main forms of manifestation of organized crime with unprecedented cross-border implications. Aware of the danger these categories represent and given the variety of legal systems, the states of the world have taken measures aimed at adapting a new legal framework in order to prevent some procedural imbalances. New facts regarding organized crime have incriminated in accordance with international, European, regional or bilateral treaties, conventions and agreements.