Agora International Journal of Juridical Sciences

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

Latest documents

  • 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.

  • 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.

  • 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

  • Challenge for annulment

    The challenge for annulment - an extraordinary legal remedy of withdrawal by which the parties or the prosecutor can obtain the cancellation of a court ruling in the cases exhaustively provided by law. It can be exercised for the purpose of withdrawing court rulings (judgments) that were pronounced in disregard of certain procedural rules, not for reasons of groundlessness. This article aims to highlight the object of the challenge for annulment, the persons who may advance a challenge for annulment, the conditions imposed by the law for the admissibility of such a challenge, and the possible solutions rendered by the court. KEYWORDS: challenge for annulment, categories of challenges, grounds and conditions of admissibility, court solutions

Featured documents

  • 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...

  • 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...

  • The international humanitarian law applicable in the new types of armed conflicts

    The international humanitarian law applicable in armed conflicts has evolved continuously since antiquity until today, its doctrinal writings pointing out during the modern period the influence that the progress of the concepts and the practices of war has had on the development of the normative...

  • 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...

  • 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...

  • Subsidiarity in the union law: a success or a failure?

    The principle of subsidiarity has been introduced in the Union law, as a constitutional principle, by the Treaty on the European Union in order to protect the competences and the authonomy of the member States from the interferences of the Union (the European Community at that moment) in the areas...

  • Merger and division nullity in the romanian legal system

    As a consequence of the transposition of European Directives regarding the merger, division, and cross-border mergers, the Romanian legal system established a special legal framework with regard to the sanction of nullity for such juridical acts. The peculiarities of internal and cross-border...

  • Good faith in domestic sales law

    Good faith is a true principle widely established by the positive law. But how does this principle operate? How is the connection made between an undetermined legal standard, such as good faith, and the practical operations by which contractual obligations are fulfilled? The essay will answer to...

  • 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 ...

  • 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...