• Agora International Journal of Juridical Sciences

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

Latest documents

  • 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

  • Methodologic directions in criminalistic research for the offence of trafficking and illicit drug consumption

    The criminal activity of trafficking and illicit drug use is developing rapidly, new psychoactive substances are emerging at a rapid pace and represent a major threat to the health and safety of individuals. The actual crime in the case of trafficking and illicit drug use offence must be determined in terms of size the participants and causes. The distinction between real crime and apparent crime is defined as the "dark number or hidden figure of crime" (Radulescu S., 1999, 189) The use of this concept is specifically used in the case of the number of crimes committed and remained unknown to the society, for various reasons. In the forensic investigation of the crime of trafficking and illicit drug use, the research activity is carried out with great difficulties, because one of the forms of crime with the highest rate of the dark number of crime and almost impossible to estimate is the illicit trafficking and consumption of drugs, as victims are most often accomplice in this form of crime, and establishing the diversity of substances that fall into the narcotic sphere is relative. KEYWORDS: forensic research, drugs, psychoactive substances, drug trafficking, illicit drug use

  • 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

Featured documents

  • 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...

  • 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...

  • The legal practitioners act: a code for regulating the conduct of lawyers in nigeria

    The legal practitioner is an expert whose services and expertise are required by members of the public. He is expected to maintain the highest standards of professional conduct, etiquette and discipline in the discharge of his duties. In addressing himself as a legal practitioner he represents to...

  • Kosovo - history and actuality

    The Kosovo region was always the "cause of fight" between Serbians and Albanians, Kosovo becoming a long source of hate between the two populations. The Serbians considered Kosovo the "Saint Land", some kind of Jerusalem. They provided historical arguments as well: they were...

  • 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...

  • Observations on public institutions and authorities with the purpose of protecting individuals

    The present work brings to the reader's attention the evolution concerning the regulation of institutions and public authorities with powers in the field of protection of the individual in Romania and, in particular, in the field of child care. Taken from the Family Code, the current tradition of...

  • 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...

  • 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,...

  • 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...

  • Methodologic directions in criminalistic research for the offence of trafficking and illicit drug consumption

    The criminal activity of trafficking and illicit drug use is developing rapidly, new psychoactive substances are emerging at a rapid pace and represent a major threat to the health and safety of individuals. The actual crime in the case of trafficking and illicit drug use offence must be determined ...