Agora International Journal of Juridical Sciences

Publisher:
Agora University Editing House
Publication date:
2011-07-20
ISBN:
1843-570X

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
  • 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

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