• Agora International Journal of Juridical Sciences

Agora University Editing House
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  • Brief comments on the concept of judicial authority jurisdiction under article 6 of council framework decision no. 2002/584/jha regarding the European Arrest Warrant

    Article 6, paragraph 1 of Framework Decision 2002/584/JHA provides that the issuing judicial authority is the judicial authority of the Member State competent to issue a judicial decision in accordance with the law of that State for the purpose of surrender on the basis of the European arrest warrant to another EU Member State. The Court of Justice in Luxembourg, by its recent case-law, held that the notion of issuing judicial authority does not concern the prosecutor's offices in a Member State which are at risk of being subjected, directly or indirectly, to individual orders or instructions by the executive power in the context of adopting a decision on the issuing of the European arrest warrant. The effects of this judgment are mandatory for all Member States and require clarification from the Member States affected by the ECJ ruling regarding the nature of the European arrest warrant authority, even a possible intervention by the legislature in these EU Member States, to facilitate the settlement of cases of arrest in full agreement with the principles of mutual recognition and mutual trust of judgments in the European area. KEY WORDS: judicial cooperation, mutual recognition principle, European arrest warrant, issuing judicial authority, judicial decision

  • Views on the offence of human trafficking

    In the international background of the current period, Romania is included in the "Balkan Route" of illegal migration, which influences all the main areas of society, including the security of the state and that of its citizens. One of the main issues in the last decade, at national and international level, is the human trafficking, linked to the illegal migration, which is constantly increasing. Human trafficking is an offense which affects human rights, with profound economic and social interference, due to the mobility and perceivable advantages of the phenomenon. Until 2014, human trafficking was provided for by law 678/2001 regarding the prevention and control of human trafficking, but with the entry into force of the New Criminal Code this offense was covered by the same code, provided by art. 210.1 KEY WORDS: human trafficking, security, phenomenon.

  • Nullum crimen sine lege

    This article discusses the issue of one of the most important Latin expressions that establish at the level of general principle that no crime exists outside the law. The purpose of the criminal law being the defense against the offenses of the right order, ensuring this order implies a strict respect of the principle of legality. Part of the principle of legality, the legality of incrimination, was formulated among the first, by the Beccaria in Dei delitti e delle pene and proclaimed also in the Declaration of Human and Citizen Rights (1789). Subsequently, the principle of legality of incrimination was passed in most criminal codes and even in some constitutions. The Romanian penal code emphasizes that the incriminations can only take place by law, not by other normative acts. In our law, crime is the sole basis of criminal liability. The second part of the principle of legality stipulates the legality of the punishments, so that, the crime being the only theme of the criminal liability, at the time of the commission the sanction must also intervene. Only when the sanction intervenes, it must be taken into account in particular that by sanctioning the offenders and the way in which the punishments are enforced some fundamental rights of the person are restricted, such as: freedom of movement, enshrined in all democratic constitutions, free development of the personality of the man and of his participation in the social and economic life, in the family life, the interruption of the professional activity and not lastly the affectation of his dignity. Therefore legality is a fundamental principle of criminal law: the criminalization can only take place through a law, and the sanction only if it is provided by law. KEYWORDS: crime, Criminal Code, fundamental principle, incrimination, law

  • Considerations in regards to the protection of personal rights granted after the person's death

    The present article aims to discuss the extent to which the protection granted to personal rights can exceed the life of a person and, if so, to determine whether the rights that come within the meaning of private life as governed by Article 8 of the European Convention of human rights can be protected consecutively to the person's death. KEY WORDS: protection, personal rights, human rights, jurisprudence, reputation, deceased person, memory.

  • Digital marketing regulations

    The General Data Protection Regulation (GDPR) is a European law which grants rights regarding an individual’s personal data. Having been adopted in April 2016, its enforcement became effective as of 25th May 2018. This article aims to highlight who should do this, what exactly they should do and how to do it. Learn about the scope of GDPR in digital marketing, the definition of a personal data breach, the rights of data subjects, incident response under GDPR and more. KEYWORDS: digital marketing, relational marketing, online advertising, consumer rights, GDPR

  • Union regulations on passenger rights in case of flight cancellation, refusal at boarding or long delay of flights

    The European Union is a "supranational governance" structured by its well-defined institutions. The decision-making triangle formed by the Commission, the Parliament and the Council legislate in agreement or consultation, covering the whole picture of policies developed at EU level and implemented at Member State level. Among the most important developed policies, it is necessary to mention the freedom of movement of the Union nationals, freedom of movement of goods and services, judicial cooperation in criminal matters, etc. Freedom of movement implies a series of segmental rights, such as the right to temporary or permanent residence, the right to work, to travel and study, etc. The Union law system identifies legal instruments to regulate the rights of passengers traveling within the Union, from the Union to a third country, or arriving in the territory of a Member State irrespective of the type of transport, air, rail, water or road. At present, in the field of air transport we identify Regulation no. 261/2004 on the right to compensation and assistance to passengers in the event of refusal of boarding and cancellation or long delay of flights, which is part of a comprehensive package of legislation aimed at protecting consumers in general across the European Union. KEY WORDS: refusal to board, cancel flight, trip, flight operator, booking.

  • 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 society and analysing its needs, passing through the filter of equity the final legal form in order to ensure the completeness of law, and also the structural coherence of society. Although the continental European legal culture is attached to the "general will", globalization managed to erase many of the symbolical boundaries between the legal culture promoted by the Common-law, the one promoted by our system deeply markedby the Romano-Germanic System, and also the legal system outlined by American Realist trends, thus allowing the law to become the result of the self-adaptation of the society, not just the creation of the State.

  • 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 known in some European countries and the registers in which they are enrolled.

  • Consideration on the development of judicial expertise prior to 1st of december 1918

    We will approach the history of expertise, in the context of the event of 1st December 1918, by setting forth a few considerations, with particular reference to data which appear to have this specific significance.

  • Certain considerations on the 'destiny' of the preliminary chamber institution in the current legal framework

    The preliminary chamber is a stage preceding the ruling on the merits of the case. By regulating this institution, the purpose of the Romanian legislator was to eliminate the possibility to raise certain causes of unlawfulness of the criminal prosecution acts carried out during the trial phase. The aim of this scientific research is to highlight certain aspects concerning the purpose of the preliminary chamber procedure, while also militating for its maintenance in the Romanian Criminal Procedure Code.

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