"Human Rights" Journal

No.1 | 2013 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Irina Moroianu Zlătescu

Protection and promotion of the fundamental rights in the European Union (I)

The binding document in the field of human rights adopted by the European Union is the Charter of Fundamental Rights. In support of the Union’s commitment to guarantee the rights laid down in the Charter, the European Union Agency for Fundamental Rights (FRA) was created. The latter established the Fundamental Rights Platform (FRP), which is a network meant to provide permanent cooperation with the civil society.

Keywords: European Union, the Charter, European Union Agency for Fundamental Rights, multi-annual framework programme, objectives, Fundamental Rights Platform

Full text here

Mircea Criste

Democratic aspects of the referendum

Whereas democracy is the exercise of power by the people, the referendum is often presented as a last redoubt of pure democracy in a political world dominated by the representative system. But can it be thus qualified, regardless of the method of regulation? This study tries to emphasize the characteristics of the referendum, the real risk that it may become an instrument of manipulation of the masses, and in the end makes a presentation of the referendum in the Romanian constitutional system. Although the Romanian law promotes both the local and the national referendum, this latter is of particular importance, especially in what concerns the interpretation of the limits of the constitutional reform approved by referendum and the political responsibility of the President before the electorate.

Keywords: referendum, plebiscite, democracy, Romanian constitutional system

Full text here

Ion Popescu Slăniceanu, Isabele Stancea

Corruption, a phenomenon jeopardizing human rights

Corruption is an antisocial phenomenon consisting in an illegal agreement between two parties, of which one proposes or promises privileges or illegitimate profits, while the other one, employed in the public service, consents or accepts them in exchange for taking or not taking certain functional actions that include elements of the crimes laid down in the Criminal Code. In Romania, corruption has become in recent years an increasing difficult-to-control phenomenon. It can be said that this scourge is the most serious problem faced by our country and that there is no field of activity free of corruption deeds, while in the sphere of public administration it has raised up to alarming levels. The fight against corruption, despite the results obtained so far, prove incapable to totally eliminate this phenomenon. This is so because, apart from the tacit complicity between the corrupter and the corrupted, the corruption phenomenon continues to be perceived as a mentality, a tradition, a behaviour.

Keywords: corruption, public administration, strategies, legislative measures

Full text here

Adrian Bulgaru

Legal provisions on the status of persons seeking international protection in Romania

In the last years, the Romanian authorities took the necessary measures to harmonize the national legislative framework with the provisions of the European legislation. While also taking into account the negative aspects, the shortcomings of the way other European countries handled the migration and the asylum issues, in an effort to avoid such problems, these measures have been completely implemented at present.

Keywords: fundamental rights, asylum, international protection, legal framework

Full text here

Tudor Grigoraș

Judicial control on public administration. Administrative disputed matters

In their activity of implementing the legal norms, of solving various problems for the functioning of public services, administrative bodies may sometimes infringe upon the citizens' individual rights. Such infringements however can only be repaired with the assistance of other bodies whose purpose is to analyze and evaluate the documents issued by the administration to see whether the latter has exceeded the legal framework and order restoration of the rights and possibly compensations. It is for this purpose that the institution of administrative disputed matters functions as an instrument by means of which those interested may defend themselves against the administration's abuses. In our country, this special procedure is based both on the Constitution and the Administrative Disputed Matters Act No. 544/2004.

Keywords: public service, legal norms, implementation, administrative abuse, compensation, administrative disputed matters, evolution, types of disputed matters, admissibility conditions

Full text here

Claudiu Ignat

Mediation in legal administrative relationships

The mediator, as a neutral person, has the role to initiate negotiations between the parties and assist them to solve the conflict. Mediation is an effective way to solve conflicts between parties, the negotiator being thus able to assist a coordinated communication and reach a solution through direct negotiation, so that the parties might be able to achieve their goals through formulas that are adequate for the respective situation and finalize the negotiations successfully.
For a mediation to be successful, it is necessary that certain principles should be observed and certain legal and professional conditions be met, which the negotiator may not give up throughout the negotiations.

Keywords: mediations, mediator, confidentiality, neutrality, impartiality, principles, legal and professional conditions, compatibility

Full text here



II. ROMANIAN INSTITUTE FOR HUMAN RIGHTS ANNUAL REPORT

Romanian Institute for Human Rights Annual Report - 2012

Full text here



III. JURISPRUDENCE

Marius Mocanu

Decision of the European Court of Human Rights in the case of Parascineti vs. Romania

Full text here



IV. SIGNAL

Mihaela Scarlat

Bioethics and the protection of human dignity

Carmen Năstase

The concept of European citizenship and its development

Olivia Florescu

International Women`s Day

Daniela Albu

International Day for the Elimination of Racial Discrimination – 21 March

Marius Mocanu

Continuity and discontinuity in Romanian law

Olivia Florescu

The exrcise of the right to non-discrimination and equal opportunities in the contemporary society, Pro Universitaria Publishing House, Bucharest, 2012, 214 pages

Adrian Bulgaru

The spiritual dimension of Human Rights, Education for all, Institutul Român pentru Drepturile Omului Publishing House, Bucharest, 2013, 236 pages

Gheorghe Pârvan

Irina Zlătescu, Constitutional law in Romania, Kluwer Law International BV Publishing House, The Netherlands, 2013, 152 pages

Carmen Năstase

Science and codification in Romania, Universul Juridic Publishing House, Bucharest, 2013, 764 pages

Mihaela Scarlat

Administration and political power. Trends and evolutions in the European public space, Comunicare.ro Publishing House, 2013, 511 pages

Paul Gogioiu

Czech (&Central European) Yearbook of arbitration, vol.3, Jurisnet, LLC, Huntington 2013, 419 pages

Czech Yearbook of international law, vol.4, Juris Publishing, Inc., Huntington 2013, 227 pages

Full text here



V. REMEMBER

Remember

Full text here

In Memoriam Letizia Fiorillo dello Russo

Full text here

In Memoriam Alain Plantey

Full text here