Articole din categoria: Anul 2020

Scurtă pledoarie pentru recunoaşterea caracterului de informaţie de interes public al fişelor posturilor din cadrul instituţiilor şi autorităţilor publice
Numărul 4 Anul 2020
The article provides arguments in favour of the public nature of job descriptions within public institutions and authorities (as documents concerning or resulting from their activities), from which any confidential, classified or personal data have been retrieved. They constitute information of public interest, accessible to citizens in accordance with Law no. 544/2001. According to the author, this view is also part of the Nation...
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Protecţia datelor cu caracter personal în activitatea executorilor judecătoreşti. Când devin urgenţa, alerta şi pandemia catalizatori ai încălcării reglementărilor privind datele?
The forced digitization of any activity, which takes place through the Internet, has brought not only the possibility of continuing the activity in the light of the restrictions imposed by the pandemic but also the addition of risks for controllers. Most risks relate to the security of the processing of personal data, the encrypted transfer of data, the use of legal grounds for specific purposes as well as the confidentiality and integr...
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Metode juridice de cercetare în administraţie
Numărul 4 Anul 2020
Applied research and the use of legal research methods in the field of public administration is particularly valuable, even if it is and represents the attribute of bodies with jurisdictional activity. The analysis of public policies and the evaluation of programs and projects in the field of public administration are still new issues, and the reluctance and lack of interest of those in charge of administration, lead as we have ...
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Criterii concrete şi abstracte de diferenţiere a intenţiei indirecte de culpa cu prevedere în cazul infracţiunilor rutiere soldate cu victime
Numărul 4 Anul 2020
Through this study, the author aims, following the analysis of some concrete cases, the recitals of courts, as well as the Romanian doctrine, to identify certain abstract, but especially concrete, criteria for differentiating the offence of murder committed with indirect intent from that of involuntary manslaughter in the event of road accidents. I consider this study to be useful and relevant, taking into account a change in the ...
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Relaţia popor – stat – naţiune, ca proiecţie a lumii post
Numărul 4 Anul 2020
Starting from the concepts of population, state and nation and the interdependencies between them, the article aims to build, based on the fiction called: the post world, to which can be added words such as: pandemic, crisis, industrial, globalization, etc., solutions for the future. We are focused primarily on the Romanian reality in which we work, live and love, which has been and is in a continuous change, which we would like, from ...
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Despre prescripția răspunderii contravenționale pentru discriminare
Numărul 3 Anul 2020
The article analyzes the application of art. 26(4) of the Government Ordinance no. 137/2000, text considered unclear and unconstitutional, from the interpretation of which one cannot infer the beginning and end of the prescription period for the application of the contraventional fine sanction by the National Council for Combating Discrimination. According to the author, previously, the analyzed ordinance text was clear and did ...
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White-collar crime – câteva repere conceptuale
Numărul 3 Anul 2020
The purpose of this paper is to provide an introduction to the concept of whitecollar crime. Specifically, the origin and evolution of such concept will be under examination, by pursuing several theoretical and practical milestones that determined white-collar criminality to eventually stand out as a highly complex criminological phenomenon. From Sutherland’s emerging constructs to the developments brought about by the digital age, the...
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Revizuirea hotărârii civile ca urmare a unei soluționări amiabile – inclusiv în ipoteza unei declarații unilaterale – survenite la Curtea Europeană a Drepturilor Omului. Argumente de lege ferenda
Numărul 3 Anul 2020
The article discusses the issue of reviewing civil judgments following an amicable settlement, including the case of a unilateral declaration at the European Court of Human Rights, given that there is a clear difference between the provisions of the Criminal Procedure Code and those of the Civil Procedure Code in the sense that, while the criminal procedure expressly provides for the possibility of review even in case of an amicable se...
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Tipologii ale invocării dreptului la educaţie în jurisprudenţa română
Numărul 3 Anul 2020
This paper analyses the right to education, as it is provided for in European documents (Article 2 of the Additional Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and Article 14 of the Charter of Fundamental Rights of the European Union) as well as in national documents (Constitution of Romania, Article 32 „Right to education”), from the point of view of the interpretation given to it by th...
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Aplicarea regulamentelor europene în domeniul securității cibernetice. Rolul Agenției Uniunii Europene pentru securitate cibernetică
Numărul 3 Anul 2020
We are living wonderful times; our life is gaining a new dimension: the digital world. But this new world needs rules and regulations, because the human being can not exist and develop outside a predictable environment. In this matter, privacy and security are the most important assets of the cyberspace. A great part of the economy, culture, entertainment, even religion has migrated in the online environment, so the institutions and auth...
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