The Annals of “Dunarea de Jos” University of Galati. Legal Sciences. Fascicle XXVI

Unique Instrument Of Judicial Cooperation – The European Protection Order

2025-09-09T16:08:54+03:00

With an increasing number of violence cases, involving victims whose situation requires them to leave the state where they initially received protection from their aggressor, maintaining protective measures for these categories of individuals in the state where they come to live or establish residence remains a constant concern of the European Union bodies. Specifically, through a broad legal effort, Eurojust and the European Institute for Gender Equality, in collaboration with the European Judicial Network in criminal matters, the European Union Agency for Law Enforcement Training, and several organizations established at the European level known for their active role in combating violence, have consulted the Member States regarding the level of implementation, in 2025, of Directive 2011/99/EU on the European Protection Order (EPO). The information provided, particularly by the judicial institutions in each Member State directly involved in the implementation of the Directive, revealed that despite the long period since its entry into force and ratification by the Member States, its applicability is limited due to a lack of awareness about the issuance conditions even among judicial personnel, superficial victim information processes, logistical shortcomings, and language barriers. Therefore, even though European legislation in the field of victim protection has been continuously updated, each Member State must become more actively involved in the use of judicial instruments in this area. Judicial cooperation represents the solution for advancing to a higher level in victim protection, a cooperation that can be achieved either directly with Member States or by making unhesitant use of European bodies that can mediate or support this kind of cooperation.

The Minor’s Evaluation Report as a Mechanism of Legal Protection

2025-09-10T14:10:50+03:00

In contemporary legal systems, the legal regime applicable to juvenile offenders represents a central point of interest within criminal law policies, particularly due to the complexity arising from the psychosocial characteristics of minors. The present study analyzes the normative architecture of the juvenile delinquency regime in Romanian criminal legislation, highlighting the importance of the evaluation report prepared by probation services. This document proves to be an essential tool for individualizing educational measures and applying proportional sanctions, fully aligned with the personal characteristics of the minor. Furthermore, the paper discusses relevant legislative amendments that have contributed to refining the sanctioning system for minors, emphasizing the role of evaluation in ensuring procedural fairness and supporting the social reintegration of minors in conflict with criminal law. The study also examines the legal implications arising from the absence of such an evaluation report during criminal proceedings, as well as the criteria for its validation in relation to judicial procedural requirements. Finally, attention is drawn to the necessity of clarifying the limits of applying the exception concerning the best interests of the child, as well as establishing a standardized framework for drafting and evaluating reports, aimed at strengthening the legal protection afforded to minors.

Controversies regarding the functional subject-matter jurisdiction of the courts in litigation involving the execution of public procurement contracts

2025-09-10T15:56:32+03:00

This study aims to assess the extent to which Directive 89/665/EEC on the coordination of laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts has been correctly transposed into national legislation. The directive seeks to ensure the availability of effective and expeditious remedies for individuals harmed by violations of public procurement rules.

Given that both the previous legislative instrument—Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts, and service concession contracts—and the current legislation—Law No. 101/2016 on remedies and review procedures concerning the award of public procurement contracts, sectoral contracts, and works and services concession contracts—have been subject to numerous amendments, and in view of the fact that jurisdiction over disputes relating to the performance of public procurement contracts has been successively transferred between civil and administrative courts, while appellate procedures have oscillated between appeal and second appeal (recours), thereby causing confusion both within the judiciary and among participants in the procurement process, one may conclude that the legislature has adopted at the very least an original approach to complying with the principle of effectiveness enshrined in the aforementioned European directive.

Ethics of Scientific Research in the European Union

2025-08-25T16:12:17+03:00

From the perspective of the European Union, ethics in research activities financed by European funds or the dissemination activity in scientific publications with high international visibility represents an integral, but especially essential, component to guarantee excellence in research in all fields of research (including biomedical research, natural and social sciences). Therefore, in all research projects carried out within the framework of European programs (Horizon 2020 and the Framework Program 2021-2027, respectively) or in the dissemination activity, the fundamental principles of research ethics (including the principle of proportionality, the right to privacy, the protection of personal data, the protection of human health) must be strictly respected, as well as the provisions of national and international legislation regarding research ethics. In this regard, the following should be mentioned: the Charter of Fundamental Rights of the European Union and the Convention on Human Rights, respectively.

Legal Frameworks and Public Service Risks in Albania’s Digital Era

2025-08-25T16:12:18+03:00

The digital transformation of public services in Albania has brought significant improvements in efficiency and accessibility but has also raised critical concerns regarding citizens' fundamental rights. This study examines the Albanian legal framework governing digital public services, focusing on its compliance with international standards on data protection, the right to access services, and equality in participation.

In the Albanian context, key risks include the digital exclusion of vulnerable groups, such as the elderly, ethnic minorities, and persons with disabilities, due to a lack of digital skills and inadequate infrastructure. Additionally, the absence of effective complaint mechanisms and oversight by relevant authorities has limited accountability and transparency in the implementation of digital services.

By analyzing the practical barriers to accessing public services, this study underscores the urgency of adopting a more inclusive digitalization strategy. It advocates for the integration of alternative access points, enhanced digital literacy programs, and stronger legal safeguards to ensure that the transition to digital public services does not undermine fundamental rights, but rather fosters equitable participation for all citizens.

Illegal Annexation Of Crimea By The Russian Federation

2025-08-25T16:12:18+03:00

Russia's military aggression in Ukraine has only highlighted an abusive violation of the rules of international law in its attempt to achieve its military and political objectives, and with complete disregard for massive condemnations from world governments.
In the sphere of international relations, it is essential to offer diplomatic solutions acceptable to all parties; however, Russia's actions since the beginning of 2022 are in complete contradiction with international law. We are in a crisis that has escalated beyond the limits and led to destructive military aggression. The situation is still tense, with significant implications for regional and global security.

Legal Challenges of the TikTok Platform within the European Union Framework: The Case of Albania

2025-08-25T16:12:19+03:00

In the contemporary digital landscape, social media platforms have transcended their initial purpose of facilitating personal connections, evolving into influential arenas for information dissemination, entertainment, commerce, and political engagement. This evolution underscores the necessity for comprehensive legal framework that addresses the multifaceted challenges posed by these platforms, particularly concerning user rights, content regulation, and platform accountability.

The European Union's Digital Service Act (DSA) represents a significant legislative advancement aimed at creating a safer and more transparent online environment. By imposing obligations on very large online platforms, the DSA seeks to mitigate systemic risks and ensure the protection of fundamental rights within the digital sphere.

This paper examines the legal challenges associated with the operation of TikTok within the European Union, with a specific focus on Albania's regulatory response. In early 2025, the Albanian government implemented a one-year suspension of TikTok, citing concerns over the platform's impact on youth behavior and public safety. This action has sparked a national debate on the balance between safeguarding minors and upholding freedom of expression.

Through an analysis of the existing legal frameworks and the specific measures adopted by Albania, this study explores the complexities of regulating digital platforms in a manner that protects vulnerable populations without infringing upon fundamental rights. The paper aims to provide insights into the development of balanced legal strategies that align with European standards while addressing national concerns.

Application And Consideration Of Foreign Law

2025-08-25T16:12:19+03:00

Though seemingly trite, the common question of “what law applies?” can often be a thorny issue. This article analyses the application of foreign law within the framework of Romanian private international law, offering a presentation of the legal mechanisms and doctrinal principles governing such application. Questions of law relating to facts are properly reserved to the judge for disposition. But a preliminary question, relevant to the phase or phases of trial, is often presented to the court. While most questions of law fall within a legal framework of national law, some conflict cases must be answered independently of the nation-state or domestic legal system. The law of a foreign jurisdiction may govern an issue, or in its absence, international law. When such questions arise, their resolution is complicated.

The paper elaborates on the conceptual meaning of lex causae, outlining its different interpretations based on territorial jurisdiction, legal system structures, and sources of law, including statute law, case law, and religious law. Starting from the legal provisions, the paper presents the regulatory forms of the application of foreign law in Romania, as well as the rules of jurisdiction. By means of legal theory, statutory references, and pragmatic illustrations, the paper offers a thorough grasp of the rationale, scope, and constraints of applying foreign law in Romanian legal practice, thus augmenting the larger debate on legal pluralism and transnational legal interactions.

Psychological Aspects of the Search

2025-08-25T16:12:19+03:00

The article examines the psychological dimensions of the search as a coercive procedural act, highlighting the interaction between the criminal investigation officer and the person being searched. The article highlights the fact that the success of the search is conditioned by a deep understanding of the cognitive, emotional and behavioural mechanisms involved in this process. The paper explores the psychological aspects of the representatives of the judicial bodies, focusing on the cognitive and affective skills essential for the effective conduct of the search: the acuity of observation, the stability of attention, intuition, the ability to analyse and synthesize, as well as emotional self-control. It is argued that the psychological abilities of the judicial body influence the identification of relevant nonverbal and behavioural indices in the process of locating objects of evidentiary interest. The article also examines the psychophysiological reactions of the person being searched, classifying his manifestations in involuntary responses (cardiovascular changes, sweating, muscle tension) and conscious strategies of concealment (apparent calm, protest, distraction of the attention of the judicial body). The applicability of “emotional experimentation” and “verbal probing” as tactical methods to induce observable changes in the emotional state of the searched person, thus facilitating the location of hidden evidence, is discussed. At the same time, the paper also highlights the need to respect strict ethical norms in conducting the search, given the psychological impact on the person concerned and the potential risks associated with the escalation of the conflict. By integrating the principles of forensic psychology, a strategic approach is proposed aimed at optimizing the efficiency of searches and minimizing adverse effects on the subjects involved.

Contracts in the Era of Artificial Intelligence - Challenges, European Regulation and Technological Impact

2025-08-25T16:12:19+03:00

This paper explores the necessity of establishing a unified European framework for regulating AI-driven contracts. As automation and algorithmic decision-making increasingly shape economic and legal transactions, traditional principles of contract law—such as mutual consent, contractual capacity, and legal certainty—are challenged by the emergence of smart systems capable of forming and executing agreements without human oversight. The study begins by outlining the rapid evolution of algorithm-based contracts, particularly those deployed in digital marketplaces, financial technologies, and logistics. These contracts promise efficiency and scalability, yet raise significant legal concerns regarding enforceability, fairness, and liability. The lack of consistent terminology and recognition of AI as a contracting agent exposes parties to asymmetric power dynamics and unclear dispute resolution pathways.

Judicial Cooperation Mechanisms In The Implementation Of The Charter Of Fundamental Rights Of The European Union

2025-08-25T16:12:20+03:00

The Charter of Fundamental Rights of the European Union was designed to recognise and guarantee a common minimum level of protection of human rights and fundamental freedoms within the European area. Its proclamation, at the Nice European Council on 7 December 2000, marked a symbolic transition from the concept of “individual” to that of “person”, reinforcing the Union’s commitment to democratic values and human rights. This date has become an essential landmark in the process of European integration and in the building of a common legal identity.

This paper aims to analyses the mechanisms of judicial cooperation between Member States in the process of implementing the Charter, with a focus on the complexity and dynamics of the protection of fundamental rights in a transnational framework. The research methodology is based on the observation and analysis of the formal and informal dialogue between national courts and the Court of Justice of the European Union, as an essential element for the interpretation and uniform application of the provisions of the Charter.

The study uses a comparative approach, examining relevant case law, national practices and European instruments of judicial cooperation, with a view to identifying challenges and good practices. The conclusions underline the importance of a constant and effective judicial dialogue between national legal systems and the European Union institutions, in order to guarantee an effective and coherent protection of fundamental rights throughout the Union. The research thus contributes to strengthening the understanding of the role of the Charter as a central instrument of European values.

Equal Treatment in Public Procurement. Some „More Equal” than Others?

2025-08-25T16:12:20+03:00

In this study we aim to present equality of treatment in general compared to this principle in public procurement law, and to analyze its observance in the light of the interpretation of the regulations in this matter, in particular by the CJEU Decision of October 22, 2024 (Kolin' Case). The research highlights the relevant legislation, judicial practice and doctrinal sources, with the result of broadening the research on the topic in order to better understand and apply the legal provisions of the principle of equal treatment in public procurement law. Also, the study aims to identify possible shortcomings in the compliance of the principle of equal treatment in public procurement. Finally, the study outlines the conclusions drawn from the analysis of the topic.

Criminalization Of Assault Against Public Officials In Anglo-Saxon Legal Systems

2025-08-25T16:12:21+03:00

This study focuses on analyzing the criminal law regulations regarding the protection of public officials from violent actions and intimidation by private individuals in common law legal systems. It explores the concept of a public official in Anglo-Saxon law, traces the historical development of criminalizing offenses against state officials, and examines the current trends in criminal protection policies for these individuals.

The paper aims to identify the specific features of the criminal regime in common law systems concerning illegal acts against representatives of the state, as well as the factors that have shaped this legal framework. Additionally, the article refers to the legal norms governing the security of civil servants and highlights key doctrinal perspectives on the subject.

In conclusion, it can be noted that common law jurisdictions impose harsher penalties for assault compared to continental legal systems. The rules are more clearly defined, and even the smallest acts of aggression against government officials are subject to sanctions.

Wrong Assessment of the Incidence or Non-Incidence of a Cause for Termination of the Criminal Trial – Ground for Quashing the Final Decision

2025-08-25T16:12:21+03:00

A recent decision of the Constitutional Court of Romania (Decision no. 50/2025) gives us the opportunity to make some considerations regarding the erroneous assessment, by the appeal court, of the incidence or non-incidence of a cause for termination of the criminal trial, as a reason for quashing a final criminal judgment. From this perspective, the present study addresses the issue of one of the cassation appeal cases provided for in the current Romanian Criminal Procedure Code, namely the case regarding the wrongful termination of the criminal trial.

In analyzing this issue, we start from some general assessments regarding the regulation of the extraordinary remedy of cassation appeal, continuing with the presentation of some aspects of the judicial practice of the High Court of Cassation and Justice of Romania regarding the interpretation and application of the provisions relating to the cassation case consisting in the wrongful termination of the criminal trial.

Highlighting the consequences of finding the unconstitutionality of the legislative solution that excludes the defendant's right to appeal in cassation in the event that the termination of the criminal trial was wrongly not ordered, the paper concludes with a concrete lex ferenda proposal to reformulate the legal text containing this solution.

Again about waiving criminal prosecution

2025-08-25T16:12:21+03:00

As outlined in a previous study

Responsibility of actors involved in conflicts

2025-08-25T16:12:21+03:00

The responsibility of actors involved in armed conflicts is essential for the respect of international humanitarian law and fundamental human rights. This responsibility lies with both States and non-State armed groups, international organisations and other parties involved. All actors have the obligation to protect the civilian population, to prevent war crimes and other serious abuses, and to respect the rules applicable during hostilities.

The rigour of respect for fundamental rights and freedoms goes beyond the Community framework, becoming a strong point in the external relations existing at Union level. The existence of a multitude of agreements that have been concluded with numerous countries includes provisions that may go as far as providing for the suspension of relations or the denunciation of agreements in the event of a serious violation of human rights and fundamental freedoms by one of the contracting parties (Corsei A., Zisu M.A., Țoncu S., 2023, p. 55).

States are obliged to ensure that their armed forces comply with international law and to prevent violations committed on their territory. Non-state armed groups, although they do not have the legitimacy of a state, are subject to the same rules regarding the protection of civilians and respect for the laws of war. International organizations, such as the United Nations, play a key role in monitoring compliance with the rules and holding those responsible for violations accountable.

International legal mechanisms, such as the International Criminal Court, are essential for investigating and punishing crimes committed during conflicts. Cooperation between states, international organizations and civil society is also vital to promoting accountability and reducing the impact of conflicts on the population (International Committee of the Red Cross, 2021).

Thus, assuming responsibility by all actors involved is fundamental for the protection of victims, the prevention of abuses and the establishment of an international order based on respect for rights and legal norms.

Contraventionality And Contraventionalization: Challenges And Legal Implications

2025-08-25T16:12:22+03:00

In this paper, we seek to analyze the distinct concepts of „contraventionality” and „contraventionalization”, while also emphasizing their interdependence and the dynamic relationship through which they mutually influence and shape each other within the broader framework of legal regulation.

Although sporadically addressed in legal doctrine and lacking a fully consolidated theoretical framework, these concepts are further developed in this research, with the aim of enhancing their doctrinal articulation and encouraging their broader application within legal scholarship.

Thus, contraventionality refers to a set of actions which, although unlawful, do not reach the level of seriousness required to be classified as criminal offenses, and are instead regulated by specific legal norms that impose less severe sanctions. Conversely, contraventionalization denotes the legal process through which certain acts previously considered criminal offenses are reclassified as contraventions, thereby simplifying procedures, alleviating the caseload of judicial bodies, and recalibrating legal responses in accordance with the degree of social harm involved.

Moreover, we aim to elucidate both the intrinsic connection and the conceptual distinctions between these two notions, demonstrating how contraventionalization not only performs a decriminalizing function but also operates as a mechanism for shifting certain behaviors from the sphere of lawful conduct into the area of contraventional illicit acts, thereby influencing the level of contraventionality.

Through this contribution, we aspire to enrich the academic discourse surrounding contraventionality and contraventionalization by proposing new perspectives that advocate for the development of a clearer and more coherent conceptual framework, capable of enhancing the effectiveness of the legal system in regulating contraventional phenomena and better aligning it with the evolving needs and realities of contemporary society.

The Determination of Criminality: Theoretical and Methodological Foundations, Structure, and Practical Significance

2025-08-25T16:12:22+03:00

The article examines the concept of the determination of criminality as a complex, multilayered, and dynamic process that encompasses the causes, conditions, and mechanisms contributing to the formation of criminality as a social phenomenon. It explores the theoretical foundations, historical-methodological perspectives, structure, and functions of determination, as well as their role in contemporary criminology. Special attention is given to the practical relevance of determinative analysis for the prevention, forecasting, and control of criminality in the context of globalization, digitalization, and social transformation. The article argues for the necessity of an interdisciplinary approach and the adaptation of strategies to regional and cultural specificities.

The Impact of Drug Use on Vulnerability to Human Trafficking

2025-08-25T16:12:22+03:00

The article analyses the impact of drug use on vulnerability to human trafficking from a comparative legal perspective. The main objective is to highlight how substance addiction influences the susceptibility of individuals to become victims of trafficking and to assess the extent to which existing legislation provides adequate protection. The study uses a qualitative methodology, based on the analysis of the international normative framework (in particular the jurisprudence of the European Court of Human Rights), as well as national practices in Romania and the Republic of Moldova. By analysing relevant case studies, the article identifies the strengths and limitations of legal mechanisms regarding the identification, assistance, and exoneration from criminal liability of drug addicted victims. The conclusions highlight the fact that, although international standards impose clear obligations on states, their implementation remains insufficient in practice. It is recommended to harmonise national legislation with the principles established by the ECHR, to continuously train authorities, and to develop integrated services that combine legal assistance with addiction treatment.

Electronic Monitoring, a Modern Measure of Surveillance of Persons Investigated and/or Convicted in Criminal Cases

2025-08-25T16:12:23+03:00

In the Official Monitor no. 515 of 18.05.2021 Law no. 146 of 17.05.2021 was published, regulating electronic monitoring in the framework of criminal judicial and executive proceedings. The law came to cover an area that still raises challenges at this moment, that of electronic monitoring. We say this in the context in which the law actually specifies as a pilot implementation term, in certain geographical areas, the date of 31.12.2025. The law was amended and completed including in the year 2024 by law no. 214/ 05.07.2024. The regulatory act provides the legal framework with which, concretely, electronic monitoring started. but this must also be viewed in the context of law no. 26/2024 regarding the order of protection, as a form of modern protection of the victims of violence, regardless of the forms of manifestation.

How psychosocial reintegration activities influence the behavior of persons deprived of their liberty

2025-08-25T16:12:23+03:00

In the context of the Romanian penitentiary system, the process of psychosocial reintegration of prisoners represents a crucial area of social and psychological intervention. Activities aimed at psychosocial reintegration are designed to facilitate the transition from life in a prison environment to reintegration into society, to reduce the risk of recidivism, and support the development of adapted and responsible behavior. Reintegration activities, which encompass educational, psychological, and social interventions, play a crucial role in modifying the behavior of prisoners and facilitating their subsequent reintegration into the community. Studies suggest that these interventions can lead to significant changes in dysfunctional behaviors, such as aggression, recidivism, and the inability to adapt to social norms. Over time, research has highlighted the fact that well-structured psychosocial interventions can lead to significant changes in the behavior of prisoners, providing them with the necessary tools for a more stable and socially integrated post-detention life.

Cyberbullying – A Crime Specific to the New Digital Era

2025-08-25T16:12:23+03:00

The main means of interpersonal communication in the digital age has become the Internet, creating a virtual social environment in which people can exchange goods and information, meet, debate, and act. At the same time, with the development of new digital technologies, bullying has also evolved, transforming into cyberbullying – its modern form -, which takes various forms. Although cyberbullying is similar to traditional bullying by repeating aggressions, there are differences caused by the protection of anonymity in the virtual space, but also by the fact that the aggressor requires not so much physical and social skills, but technological skills. Easy and quick access to information and communication technology can represent an enormous benefit of the digital age, but also a great danger; it depends on the spirit of discernment, which determines how to use technology. Risk factors for cyberbullying are: risk-taking, impulsive behavior, depression, and reactions to major life-changing events. In cyberspace, there may be numerous witnesses, and the exchange of denigrating information by them creates the risk of unlimited dissemination, associated with great psychological trauma for the victim, the consequences being potentially fatal. Cyberbullicide - suicide directly or indirectly influenced by violent online experiences - is a worrying phenomenon, with children being the most vulnerable. Preventing cyberbullying consists of raising children's awareness of the risks of online exposure, by involving parents, teachers, the Police, as well as by implementing public policies for prevention and respect for rights in the online environment, especially children's rights. At the same time, children must be educated to use technology responsibly. However, preventive measures have often proven ineffective or have been criticized because they conflict with the rights and freedoms guaranteed by the Romanian Constitution, such as freedom of expression. A society whose students learn from an early age to adopt non-violent attitudes and to treat their peers with respect and tolerance will become a healthy society.

The Global Dimension of Human Trafficking: Causes, Forms and Consequences

2025-08-25T16:12:24+03:00

Human trafficking is one of the most serious international crimes, affecting millions of individuals annually and representing a flagrant violation of fundamental human rights. Legally defined by the Palermo Protocol (2000), this phenomenon involves the recruitment, transportation and exploitation of individuals by means of coercion, fraud or abuse of power, for the purpose of illicit profit.

From an academic perspective, the causes of trafficking are multiple and interconnected: systemic poverty, economic inequalities, political instability, gender discrimination and limited access to education. Against the backdrop of globalization and irregular migration, vulnerable people – especially women, children and refugees – become targets of transnational criminal networks.

The phenomenon manifests itself in various forms: sexual exploitation (the most prevalent), forced labor, organ trafficking and child exploitation. These forms of exploitation are systematically hidden in informal economies or conflict zones, making it difficult to identify and punish the perpetrators.

The consequences are profound and multidimensional. At the individual level, victims suffer severe psychological trauma, and at the societal level, trafficking in human beings undermines social cohesion, fueling corruption and instability. From a legal perspective, this scourge undermines the rule of law and requires a firm and coordinated response.

The international response includes instruments such as the UN Convention against Transnational Crime and Directive 2011/36/EU, which impose clear legal obligations on states to prevent trafficking, protect victims and punish traffickers. In Romania, Law no. 678/2001 constitutes the domestic legal foundation, complemented by institutional structures such as ANITP.

In conclusion, human trafficking is a phenomenon with complex roots and systemic consequences, which requires a rigorous legal approach, international coordination and victim-centered public policies.

Theoretical Analysis Of Land Legal Liability: Realities And Perspectives.

2025-08-25T16:12:24+03:00

In the context of continuous transformations in the field of land relations, the intensification of regulations on land administration and use and the entry into force on April 1, 2025, of the new Land Code in the Republic of Moldova, the issue of legal liability for violation of land legislation is gaining increasing importance in theoretical and practical terms. Although this type of liability is not expressly established as a distinct form within the classical system of legal liability, contemporary social and legal realities require a reanalysis of the specificity of land-related illegal acts and applicable sanctions. Given the complexity of regulated relations – from land ownership, to agricultural, urban and ecological regimes, landowners' rights, etc., the question arises to what extent the violation of land norms can be treated as an autonomous field of application of legal liability or does it undermine the traditional forms of liability, such as civil, contraventional and criminal.

How Psychosocial Reintegration Activities Influence the Behavior of Inmates

2025-08-25T16:12:24+03:00

The psychosocial reintegration of incarcerated individuals is an essential process for reducing recidivism and facilitating their adaptation to post-detention life. This study analyzes the impact of reintegration activities on inmate behavior, highlighting the benefits of educational, psychological, and social interventions. Activities such as psychological counseling, vocational training, personal development programs, and recreational activities contribute to reducing aggressive behaviors, increasing empathy, improving interpersonal relationships, and developing essential skills for social reintegration. Furthermore, the research underscores the factors influencing the success of these interventions, such as inmates' personal motivation, institutional and family support, program adaptation to individual needs, and conditions within the penitentiary environment. The study's findings emphasize the necessity of implementing structured and sustained programs to support the development of responsible behavior and facilitate the social integration of individuals released from detention.

The Right To Private Life In The Criminal Investigation Phase: Limits And Guarantees

2025-08-25T16:12:25+03:00

The right to private life is one of the fundamental pillars of contemporary democratic society, being enshrined in national and international legislation as well as in the jurisprudence of European and national courts. In the context of criminal investigation, this right takes on complex dimensions, as the need for crime investigation and prevention often imposes limitations on individuals' private lives. It is therefore crucial to establish a balance between the efficiency of criminal proceedings and the respect for fundamental guarantees. The significance of this topic becomes evident in light of frequent conflicts between judicial authorities and individuals within criminal procedures. Criminal investigation, by its nature, often involves intrusions into private life, a fact that has generated numerous legal and jurisprudential debates. The aim of this article is to analyze the balance between the effectiveness of crime investigation and the necessity of respecting the fundamental right to private life, identifying its limits and guarantees within criminal proceedings.

Appeal In Civil Procedure In Romania. Analysis On The Evolution And Substantive And Formal Conditions

2025-08-25T16:12:25+03:00

This research analyzes the historical evolution of appeal, its defining characteristics, the formal and substantive conditions for its exercise. The importance of the research is highlithted by the current legislative dynamics, which also influence the subject matter of appeal. By integrating a multidisciplinary approach, this work aims at contributing to the development of the doctrine on extraordinary remedies, offering a comprehensive perspective on the institution of the appeal in the contemporary Romanian procedural context.

The Normative Study of Defense in the Legislation of the Republic of Moldova: Institutions, Policies, and Perspectives

2025-08-25T16:12:25+03:00

In criminal proceedings, the defense represents the defendant (the accused person) and plays a role in ensuring the right to a fair trial. It consists of the defendant and the defense attorney, who protect the defendant’s rights, contest the charges, present evidence, and formulate arguments. The defense has essential rights, such as the right to information, the right to consult a lawyer, and the right to appeal unfavorable decisions. The role of the defense is to maintain balance in the criminal process and prevent abuses.

The defense challenges the charges, presents evidence in favor of the defendant, and formulates legal arguments. The rights of the defense include access to information, the right to consult a lawyer, and the right to appeal unfavorable decisions. Its purpose is to maintain balance in the criminal process and prevent potential abuses by the prosecution.

The right to defense, as a constitutional and procedural right of the suspect, the accused, or the defendant, can also be exercised through the mandatory provision of legal assistance by a defense attorney in cases where, due to the personal situation of the accused party or the severity of the potential penalty, the intervention of a legal professional is necessary. This professional’s role is to protect the legitimate interests of the accused party throughout the proceedings.

Legal Aspects Of Assisted Euthanasia

2025-08-25T16:12:26+03:00

Assisted euthanasia is a controversial subject that raises numerous legal, ethical and moral issues. It involves the intervention of a doctor or a health professional to facilitate the death of a person suffering from an incurable disease or unbearable pain. Although in some countries it is considered a fundamental right of the patient, in others it is strictly prohibited and punishable by law.

The regulation of assisted euthanasia varies significantly internationally, being influenced by cultural, religious and legal traditions. In countries where it is permitted, there are strict conditions that must be respected to prevent abuse. In contrast, in countries where it is prohibited, any form of assisted suicide is considered a crime, attracting criminal liability for those involved.

This paper analyzes the main legal aspects of assisted euthanasia, highlighting the legislative differences between various legal systems and their impact on patients and health professionals.

Impartiality – the expression of independence in the act of justice

2025-08-25T16:12:26+03:00

The impartiality of judges is a fundamental principle of a fair justice system, guaranteeing that judicial decisions are taken objectively, without influence or prejudice. This directly depends on the independence of the judge, which ensures his freedom to act without external pressures, be they political, economic or social.

The relationship between independence and impartiality is one of interdependence: without independence, impartiality becomes impossible, and without impartiality, independence loses its meaning. Protecting judicial independence is essential to guarantee that judges perform their role without constraints, and this is reflected in increasing public confidence in the justice system. Thus, the impartiality of judges is not only a professional obligation, but also an indispensable condition for the achievement of an authentic act of justice.

The Role Of Public Administration In The Field Of Social Inclusion Of People With Special Requirements

2025-08-25T16:15:19+03:00

One of the essential responsibilities of public administration is to ensure a favorable framework for the social inclusion of people with special needs. The coherent application of public policies and compliance with legal norms in this area contribute to guaranteeing the fundamental rights of these people. Public administration must collaborate with specialized institutions, non-governmental organizations and the community as a whole to implement concrete support measures, equal access to education, medical services and professional integration. The lack of necessary actions or their failure to fulfill them may constitute a violation of the principles of equality and non-discrimination, aspects enshrined in the national constitutional and legal framework. Therefore, the role of public administration in this sector is crucial for the development of an inclusive and equitable society.

Contemporary Changes In The Concept Of Inheritance In The Context Of New Family Structures

2025-08-25T16:12:26+03:00

This article explores how modern family structures, such as cohabitation and same-sex partnerships, challenge the traditional concept of legal inheritance in Romania. It points out that Romanian inheritance law currently recognizes only blood relatives and surviving spouses, leaving unmarried partners without inheritance rights in the absence of a will. The paper details the legal vacuum and inequities created for these new family forms, contrasting the situation in Romania with European models that have introduced civil partnerships to provide legal protection and inheritance rights. Finally, it argues the need for a legislative reform in Romania, based on ECHR case law and the principles of equality and protection of family life, suggesting the adoption of civil partnership as a solution to bring domestic law in line with social realities and European norms.

Contractual Risk and the “Risk of Loss”, which Depends “On a Future and Uncertain Event”

2025-08-25T16:12:26+03:00

The conclusion of any contract entails, to a greater or lesser extent, that the contracting parties assume certain risks—whether such risks are intentionally introduced into the legal structure by the parties themselves or arise and produce effects independently of their will. This makes it necessary to distinguish between different types of risk, including those intrinsic to certain contractual categories and others that are merely similar.

As the very name suggests, aleatory contracts inherently involve the element of hazard (alea), which forms part of their legal cause. In such contracts, each party assumes both the risk of a loss and the possibility of a gain.

When classifying contracts based on whether they are subject to conditions, aleatory contracts are considered inseparable from modalities—specifically from terms and conditions. However, hazard (alea) goes beyond a mere condition or term.

Moreover, it is essential to distinguish between the general risk of the contract and the aleatory element specific to the contractual category being examined—especially in terms of their source and the effects they individually produce.

Usucaption Through Illegal Possession Of Goods

2025-08-25T16:12:26+03:00

Usucapion is a fundamental legal principle in civil law, which allows a person to become the owner of an asset by exercising continuous and uninterrupted possession over it for a specified period, established by law. This mechanism is based on the idea that, over time, possession of assets can create a legitimate expectation of ownership, to ensure stability and security in the circulation of assets.

However, the concept of usucapion becomes more complex when discussing the illegal possession of assets. Illegal possession refers to situations in which an asset is held without the consent of its owner, often through acts of theft, fraud, or breach of trust. In such cases, the question arises whether a person who holds an asset illegally can acquire ownership of it through usucapion.

On a Norm which Clearly Lacks Urgency in the Government Emergency Ordinance No. 9/2025 and Its Defective Implementation

2025-08-25T16:12:27+03:00

Article IV of Emergency Ordinance No. 9/2025—which regulates measures related to certain projects for the expansion and repurposing, conversion, or modernization of natural gas transportation and distribution networks, modifies and supplements certain legislative acts, and repeals Government Decision No. 1,261/2024 that approved the financing from the Environmental Fund for such projects—amends Article 38 of Framework Law No. 153/2017 on the remuneration of personnel paid from public funds. It does so by introducing a new paragraph that regulates a case of ipso jure termination of the employment relationship for contract staff paid from such funds. Thus: The emergency ordinance contains legal provisions that were allegedly adopted in violation of Article 115(4) of the Romanian Constitution; The lack of urgency for such regulation is confirmed by the suspension of its application through Article VI of Emergency Ordinance No. 12/2025; The provision introduced via Article IV modifies an article of law concerning only the remuneration of public-funded personnel, not the termination of employment/contractual relationships; Its practical implementation could be flawed, due to a lack of proper interpretation in correlation with Article 56(1)(c) of Law No. 53/2003 – the Labor Code, which it refers to; This legislative amendment appears to stem from High Court Decision No. 91/2024, which dealt with the ipso jure termination of public service due to a retirement decision—specifically, in cases where the individual requested to remain in public service

The role of the judge in disputes regarding the taking of special guardianship or judicial advice over an adult natural person

2025-08-25T16:12:27+03:00

In this study, we will analyze the essential role that the national judge plays in solving the civil case regarding the taking of the measure of special guardianship or judicial counseling for an adult individual. Thus, we will highlight some of the „traps” that could hinder the discovery of the truth in the case. On the one hand, we will refer to the medical evidence, which must be viewed critically by the judge, who is not obliged to automatically adopt the conclusions of the expert reports. And, on the other hand, we will highlight the risks of non-involvement or superficial involvement of the person with mental disabilities in the conduct of the civil trial. The judge bears responsibility for the final decision with an impact on the civil legal capacity of the adult assessed, which is why he cannot delegate to the doctor or psychologist the competence to apply a certain protection measure, by appropriating the conclusions formulated, nor the formal hearing of the patient during the trial. Throughout the paper, jurisprudential references will be found in support of the proposed solutions.

Legal Perspectives Regarding The Construction And The Demolition Waste Management

2025-08-25T16:12:27+03:00

Protecting the environment remains one of the burning desires of our times and people has begun more and more concerned with finding concrete solutions in the direction of identifying, collecting and recycling different types of waste, including construction and demolition waste. All these public policies are based upon a principle in the European Union according to which the polluter is the one who pays, wanting responsibility for all those who generate residues. Therefore, in the framework of this analysis, the identification and the presentation of the main legal regulations regarding the construction and demolition waste management are necessary steps for improving the public awareness on the matter.