Agora International Journal of Juridical Sciences

Publisher:
Agora University Editing House
Publication date:
2011-07-20
ISBN:
2067-7677

Latest documents

  • Critique of an epitome practical role of law clinic in clinical legal education in Nigeria

    The old legal tradition of great / heavy reliance on theoretical legal learning appeared hitherto the order of the day in Nigeria. Learning is a continuous process and education is crucial for the passing of knowledge. Contemporarily, one of the most effective methods of passing impactful legal education more effectively is vide Clinical Legal Education (CLE). CLE was introduced into the Nigeria legal education space as a result of the fact that learning in law faculties was essentially by the archaic (rote method) of teaching, passing on few skills and inculcating no worthwhile values. A significant upshot of CLE is the operation of law clinics. These law clinics serve as a bridge between the classroom and legal practices. Apart from law students put into practical action on what they have learned in the classroom, they also help the students to serve as a bastion of legal aid for the legally disadvantaged by offering paralegal supports to a greater extent. This paper examines the role and significance of law clinics in CLE, with particular focus on the University of Ilorin Legal Aid Clinic. Through a doctrinal examination of the activities of the law clinic and its achievements, the paper finds that law clinics do in fact contribute immensely to the actualization of the goals of CLE. The paper further interrogates the challenges that militate against the operation of law clinics and CLE in Nigeria and offers recommendations on how they can be resolved. It is found that there is the urgent need to ensure practical implementation of the mainstreaming of CLE in Nigerian law faculties to keep pace with international best practices for the development of the legal profession in Nigeria.

  • The general theory of law in the context of new realities particular to the 21st century

    The general theory of law is source for every other branch of law. In the present context, the general theory of law must incorporate new concepts particular to cognitive psychology. The challenges posed by virtual environments require ethical clarifications. Artificial intelligence, datism and algorithms are all factors that entail new regulations which must be incorporated in the general theory of law.

  • European trends in the right to education during the pandemic. Measures taken by the european commission during the pandemic to ensure the protection of the right to education

    The present article aims to analyze the different solutions pronounced by the courts in relation to the admission, respectively the rejection of the exception regarding the lack of active procedural legitimacy, in disputes having as object the application of delay penalties under art. 906 Code of Civil Procedure, in the situation where the request for the enforcement was initiated by an association established under Government Ordinance no. 26/2000 on associations and foundations. Consequently, we will be considering the argument that the applicable legislation does not establish a right of representation of the association towards its members, as it happens in the case of trade unions founded on the basis of the Social Dialogue Law no. 62/2011.

  • European trends in the right to education during the pandemic

    The aim of this paper is to describe the implications of the European institutions for the basic legal framework for the protection of the right to study and the development of education in the context of the pandemic, by supporting and complementing the actions of Member States by the European Union. Since the onset of the crisis, the European Commission has made efforts to coordinate, supplement and initiate the necessary measures to address all aspects of the coronavirus pandemic. The digital sector plays an important role in the educational process.

  • Respect for the honor, privacy and dignity of the human person

    The right protects the person against the touches brought to his image by the so-called "image right". The man, the natural person enjoys honor and dignity, moral values guaranteed and protected by the legislation in force.Art.72 of the new Civil Code, related to this right stipulates: (1) Everyone has the right of respect for their dignity. (2) Any prejudice to the honor and reputation of a person without its consent or without respecting the limits provided for in article 75 is prohibited.- Romania's constitution at art. 30 paragraph (6), provides: "Freedom of expression cannot harm the dignity, honor, private life of the person nor the right to one's own image." The right of each of us to protect our own image is undoubtedly the fruit of the jurisprudence and the protection is guaranteed both by the fundamental Charter, represented by the Constitution of Romania, as well as by the legal norms of civil law. Legal advisors concluded that the right of each one on our own image is a real, absolute, inalienable right of the holder, called the right to the image. Like the name, the image of the person finds protection as the identifier of the person. The image is a representation of the physical characteristics of the person, it is both a form and a substance, it is an external dimension of the human being.1 It is a privileged manifestation of personality. This right designates the legal possibility of any natural person to request respect even if judicially of his honor and dignity if they have been violated. Both the honor and dignity have a particular feature which refers strictly to their holder; they also have a social dimension that aims at esteem, consideration and respect for the peers, granted to the holder of these rights. From a judicial point of view, the prejudice of the honor of a natural or legal person bears the name of insult (when the accusations are insulting, offending or when the language is licentious) or of slander (when they refer to certain facts, habits or behaviour of the holder, facts which can be true or not). Slander and insult were sanctioned by article 205 and 206 in the old Criminal Code, as offences, but in the new legislation, they do not represent offences, but are subject to criminal and civil sanctions because the injured party may request moral damages for the damage suffered. In art. 74, the New Civil Code, legally regulates and stipulates the right of any natural person to have his/her private life respected, the right at free speech, at his/her own voice, mentioning in this sense that any person has the right to free expression. The exercise of this right can be restricted only in the cases and within the limits provided by law. Everyone has the respect for his/her private life. No one may be sujected to any interference in the personal of family intimate life, nor in the domicile of his/her residence or mailing without his/her consent or without observing the limits provided by law. It is forbidden to use in any way the mailing of the manuscripts or other personal documents2 as well as of the information in the private life of a person without his/her consent ot without observing the legal limits. The following are considered to be detrimental to private life3: -entering or remaining without right in the house or taking of any object without te consent of the person occupying it legally; -the interception without any right of a private call by any technical means, or the use, in knowledge of the cause, of such interception; -capturing or using the image or voice of a person in a private space without their consent. broadcasting or displaying of images that present interiors of a private space without the consent of the one who occupies it legally; -keeping the private life under observation by any means except the cases expressly provided by law; -dissemination of news, debates or written or audiovisual reports on personal or family intimate life without the consent of the person concerned; -dissemination of materials containing images regarding a person undergoing treatment in the health care units as well as personal data, diagnostic problems, prognosis, circumstances related to the disease and other various facts including the autopsy result, without the consent of the person concerned; -in case the person is dead, without the consent of the family or of the persons entitled; using in bad faith the name, image, voice or likeness of another person; -dissemination or use of mailing, manuscripts or any other personal documents, including the data related to the domicile, residence, as well as the phone numbers of a person or of his/her family members, without the prior consent of the person concerned or, according to the situation, without the consent of the person who has the right to dispose of them.

  • The european public prosecutor's office - an institution with a fundamental role in defining the european security space

    The security of the European space involves both an external and an internal component. The European authorities play an essential role in ensuring the internal security of the Community through both the security policy and the efficiency of the Community institutions. The European Public Prosecutor's Office represents a newly established institution, which through its form of organization as well as its attributions aims to ensure the internal security of the Community in the aspect of combating offenses against the financial interests of the European Union. By cooperating with the other European institutions and state authorities, the European Public Prosecutor's Office will play a decisive role in the fight against corruption. KEYWORDS: security, EU financial interests, European Prosecutor's Office, cooperation, European institution

  • The plea agreement - a new way of negotiated justice in the european judiciaries

    The aim of this article is to emphasize the main features of the Plea Agreement procedure in the European traditional systems, common law and civil law, as well as the features of this concept as it has been implemented into the proceedings of some European countries and, accordingly, to analyse the reasons for which, the expertise of these already implemented procedures might be a pathway to solve many shortcomings of the national jurisdictions. KEY WORDS: plea agreement, plea bargaining, guilty plea, negotiated justice, ad-hoc tribunals, adversarial, inquisitorial, common law, civil law

  • European certificate of succession

    The newly created European Certificate of Succession is applicable in almost the entire EU. It is primarily used to verify an heir’s status and is designed to serve alongside the existing national inheritance certificates (such as the German Erbschein), making it easier for heirs to settle inheritance matters abroad. This EU Succession Regulation does not, however, affect the provisions of individual Member States in the areas of substantive inheritance law (e. g. the question of who is a legal heir) and inheritance tax law. This paper aims to analyze how the regulation of the European inheritance certificate interacts with the regulation of the national inheritance certificate. Thus it does not replace documents such as the Romanian inheritance certificate but is rather a supplementary inheritance document. KEYWORDS: European Certificate of Succession, succession case, heir, transnational succession cases, habitual residence, disposition of property upon death

  • Legal regulations regarding the impact evaluation methodology of structural and cohesion funds

    Establishing a legislative framework for addressing an appropriate methodology for assessing the impact of Structural and Cohesion funds, in all 3 evaluation phases (ex-ante, intermediate and ex-post), is necessary both for users of these funds (the resort ministry, the intermediary bodies, the final beneficiaries - from an EU Member State) as well as for researchers on this topic. The stage of the knowledge in the field of the impact of these funds on each EU Member State economy narrows when the effects of the implementation of projects at regional, county and urban - rural level are discussed. KEYWORDS: impact, evaluation, methodology, Structural, Cohesion, funds

  • The means of public institutions to protect the subjects of law against crime

    The article covers the means by which public instiutions protect the rights and freedoms of its citizens from the crime phenomenon. The main focus of the paperwork is represented by the analysis over three major sections: the fundamental law of Romania, the Criminal Code of Romania and the legal norms present at the level of the European Union. Subsequently, conclusions will be provided at the end in order to draw out the essence of the research. KEY WORDS: Phenomenom, analysis, norms, institutions, crime

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