Agora International Journal of Juridical Sciences

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Latest documents

• 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

• 20 Years of european funds' management - what we have learned and what is to do next? A practitioner's perspective

  The management of European funds was part of the public agenda, in a consistent manner, for the past 15 to 20 years. Although visible progress has been made since the moment Romania started to access pre-accession funds (Phare, ISPA, SAPARD), to date, with direct effects on the economic growth, the efficiency in implementing it suffered a lot due to the political spectrum intervention, the human resource involved, the volatile administrative framework or even due to the influence, sometimes unwelcomed, of the private sector. The present material tries to unveil some of the causes that affected the implementation of European projects, and also to offer a range of solutions for a better management of it, taking into consideration the fact that the new programming period, 2021-2027, is at our doorstep. KEY WORDS: European funds; management; political spectrum; human resource; absorption

• Forms of social reaction against criminality

  In the first part we define some forms of social reaction against crime conceived as a mechanism of social and normative organization, perpetuating itself differently from one society to another, depending on the specifics of each one, referring to the system of ethical, normative and cultural values. Next, we identify aspects related to fight against criminality, which consider the way of establishing some forms of social control, from a social/ legislative/ institutional/ state/ contextual norms perspective, that are found in the public or private space. KEY WORDS: social reaction, social control, criminality, prevention, punishment

• Legal protection and social reintegration of human trafficking victims

  As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU laying down minimum rules on the rights, support and protection of victims of crime. These changes are welcome given previous legislative loopholes and worrying statistics as the phenomenon of trafficking in human beings is growing in Romania. This paper is reviewing recent legislative changes and proposes an analysis of the protection and support measures available for victims of trafficking in human beings in Romania. KEYWORDS: assistance for victims of human trafficking, victim protection policies, court proceedings, European Directive 2012/29/EU, the role of legal and judicial authorities

• Futility of the regulatory framework on the organization and operation of public gatherings - the right to protest in Romania

  If in the introductory part of the paper we present the constituent elements of the right to protest in relation to constitutional or conventional provisions and by analyzing some jurisprudential elements of the national courts and of the European Court of Human Rights, in the second part we carry out a detailed analysis of the solutions pronounced by the relevant national courts, based on which we concluded the uselessness of the sanctions regulation regarding the participation in protest actions carried out in a peaceful context. KEY WORDS: freedom of expression, freedom of assembly, right to protest, jurisprudence

• Jurisprudential perspectives on the fountain of nigeria legal system

  The basis of the Nigerian legal system appears multi-faceted, the fact that the country had contact with colonialism and the intervening military rule as against a truly democratic arrangement bequeathed at the independence of the country are source of concern. The paper adopts the doctrinal research method to attempt a critique of perspectives of the actual basis of the Nigeria legal system. The paper looks at some relevant concepts, the fountain in term of the grundnorm, customary law together with brief historical facts, and characteristic nature of Nigeria legal system to interrogate some perspectives. The paper founds that the fountain of the legal system is more of being jurisprudential in nature and concludes that the basis of Nigerian legal system is multi-faceted but ultimately founded on the constitution. KEYWORDS: Law, Jurisprudence, Custom, Nigeria Legal System

• Personal safety. Protection of the victims of crime

  The impact of the crime phenomenon on the persons affected by it can be a profound one transposed into physical, mental, emotional and financial injuries, of which some victims can never recover. The actions that make up the criminal act can be harmed on the victims, witnesses or their families, and the most serious of the threats are those against the person's life. The paper focuses, first and foremost, on the measures to be taken to protect the victims of crime, as well as on the means of support offered to the victims so that they can enjoy the right of access to justice in order to cover their harm. KEY WORDS: victims of crime, protection of victims of crime, access to justice, compensation for victims of crime

• Regional security in the middle east area in the period of the cold war. Turkey's contribution to regional security

  The alliance belt between Turkey, Iran, Pakistan and Iraq led to the creation of the political-military bloc nicknamed the Baghdad Pact, which aimed to limit Soviet expansionism to the warm seas and the Gulf and to ensure peace and security in the Middle East region. Another trio of non-Arab states in the East: Turkey, Israel and Iran formed an influential military alliance in the late 1950s under the name of the Phantom Pact or the Peripheral Alliance in order to coordinate the activity of the three secret intelligence services, to coordinate their activities. express their anti-Soviet stance and maintain regional security. Equally, Turkey's involvement in regional affairs played an essential role. Today, the presence of the UN in the area, is facing a new danger of our times: terrorism. KEYWORDS: military alliance, expansionism, regional security, terrorism

Featured documents

• Appraisal of the philosophical,political and ideological concept of privatization: a reflection on the nigeria experience

  The concept of privatization is not a new phenomenon but the practice continues to elicit novel ideas that attract comments from academics and other practitioners around the globe. It is an idea that have transcended over the decades to ensure that public enterprises are better managed by private...

• Boko haram insurgency and its implications on the rights of the female gender in nigeria

  The Boko Haram insurgency in Northern Nigeria and counter-insurgency measures adopted by the Nigerian Government has caused humanitarian crises and wanton destruction, thereby having adverse impact on the Nigerian nation and its citizenry especially the female gender. The situation has aggravated...

• Futility of the regulatory framework on the organization and operation of public gatherings - the right to protest in Romania

  If in the introductory part of the paper we present the constituent elements of the right to protest in relation to constitutional or conventional provisions and by analyzing some jurisprudential elements of the national courts and of the European Court of Human Rights, in the second part we carry...

• The pathology of handwriting as a result of drug abuse. A case study

  The case study highlights the importance of observing the damaged handwriting which occurs in drug abuse. Handwriting of a drug consumer presents certain characteristics which are useful to be known and analyzed by certain specialists (forensic experts, psychiatrists) involved in research in both...

• The right to housing in the context of nigerian law and human rights practice

  Every society needs a set of laws which stipulates the rights and duties of citizens, as well as regulate the conduct of the society. But law is often perceived as repressive and unpopular by majority of the urban poor in many developing countries who feel that the law has done little or nothing to ...

• The testament under romanian civil law provisions

  The normative dispositions that we will refer to in this paper, are found in The Romanian Civil Code, in the 4th Book, called "About Inheritances and Liberalities", 3rd Title, called "Liberalities", 3rd Chapter "The Testament", articles 1034-1099. It is a very...

• The development of a 'rescue culture'. Insolvency globalization

  We are heading towards a phenomenon of internationalization and globalization of the substantiation of law, due to the fact that Romania is, inevitably, part of the process of integration and reflection of its own identity in a European and global context. Ultimately, law derives from observing the ...

• Practical reflection on the will in termss of eu regulation no. 650/2012

  This article analyzes the will, in the light of the validity and form of conditions before the entry into force of the EU Regulation no. 650/2012 and after that date, and points out the problems of notarial practice faced by the Romanian public notary. The study presents the testamentary forms...

• Human resource management - Present and future prospects

  Human resource management consists of all the activities geared towards ensuring, developing, motivating and keeping human resources in an organization in order to achieve its objectives as efficiently as possible and meet the needs of the employees....

• Legal protection and social reintegration of human trafficking victims

  As of April 2019 the Romanian authorities have expanded the protective measures to which victims of crime will have access through Government Ordinance 24/2019. This legislative amendment is designed to harmonise national legislation with the full provisions of the European Directive 2012/29/EU...