Agora International Journal of Juridical Sciences
- Agora University Editing House
- Publication date:
- Nbr. I-2020, January 2020
- Nbr. II-2019, July 2019
- Nbr. I-2019, January 2019
- Nbr. II-2018, July 2018
- Nbr. I-2018, January 2018
- Nbr. II-2017, July 2017
- Nbr. I-2017, January 2017
- Nbr. II-2016, July 2016
- Nbr. I-2016, January 2016
- Nbr. IV-2015, December 2015
- Nbr. III-2015, September 2015
- Nbr. II-2015, July 2015
- Nbr. I-2015, January 2015
- Nbr. IV-2014, December 2014
- Nbr. III-2014, September 2014
- Nbr. II-2014, July 2014
- Nbr. I-2014, January 2014
- Nbr. IV-2013, December 2013
- Nbr. III-2013, September 2013
- Nbr. II-2013, July 2013
- 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
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.
- 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
- 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
- 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...
- 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...
- 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...
- Anti-avoidance legislations: issues & doubts in the application of tax rules in nigeria
For close to what seems a millennium, tax avoidance activities have plagued global tax jurisprudence especially in Nigeria where legislative and judicial solutions to it have remained illusory. This paper represents an attempt to analyse issues and doubts that trail the application of anti-avoidance...
- 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...
- Historical evolution of the law
The entire community acted according to these rules because their disobedience had an influence on the survival of the entire community, as they had a powerful mystical and religious character. Sanction measures evolved along with the evolution of communities and they were applied to individuals...
- Features of international procedures of human rights protection
The idea of developing mechanisms to protect human rights emerged with the Declaration of the Rights of Man and of the Citizen of French National Assembly, on August 26, 1789, which states that "the purpose of all political association is the preservation of the natural and imprescriptible rights...
- Technical and legislative external structure of the legal norms
If the logical, trichotomic organization of the laws forms its stable internal structure, the technical and legislative body forms its external structure. It is correlated to the celerity requirements which are included in the legislative system, in different stages of its development, and also 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 ...
- The non bis in idem principle in the case law of the court of justice of the european union - consistency or inconsistency?
The non bis in idem principle was first established in the Hammurabi Code (2,500 BC), under the name of res judicata pro veritate habetur.According to the non bis in idem principle, "no one is allowed to be summoned again in court or punished in another criminal case for the same criminal offense...