"Human Rights" Journal

No.2 | 2013 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Ion Popescu-Slăniceanu, Isabela Stancea

Contribution of the European Union institutions to the promotion and the protection of human rights

Throughout history, European States took after each other as far as administrative issues were concerned and shared certain elements characterizing those administrations; however, the existence of a European public administration does not imply imitation of a model, but some “unity in diversity”. Imitation of a model of administration would mean giving up national traditions, sweeping out cultural diversity, and denying the identity of the rule of law.
One may speak about a specific form of administration at the European Union level if and only to the extent that such a set of activities and institutions are doubled by a number of mechanisms identifying the European citizens' needs, function on the basis of the same or similar principles as a national administration, adopt and apply policies satisfying the social needs, implement them, while also having at their disposal bodies and institutions that evaluate and control how these policies are applied.

Keywords: European public administration, European institutions, fundamental rights and freedoms

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Ramona-Gabriela Paraschiv

The exercise of human rights and its limits

Most international conventions containing provisions on human rights do not extend to the limits of their performance and the correlative duties. In reality, all rights entail obligations and responsibilities of the holders. Beside the obligations of States and international organizations to ensure the conditions required for rights to be respected, there is also the obligation of every individual not to violate the rights of others. In societies politically organized in states, one gives up their natural freedom and accepts a limited one, which should provide safety and the possibility to assert one’s own personality; however, this is equally valid for all persons one has social relations with.

Keywords: human rights, obligations, responsibilities, minorities, international conventions

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Alexandru Jianu

Issues related to the Ombudsman for Minorities institution

The Ombudsman is a key institution in a democratic society, capable to offer free and flexible solutions to people's complaints about maladministration or abuses against human rights. At the same time, given the increasing number of complaints and the extension of their thematic area, one single Ombudsman has become insufficient as compared to the bulk of applications submitted to him. The Ombudsman for minorities is foreseen as a type of institution for which extension of its domain of applicability beyond public administration is justified by the very nature of its specialization: protection of the rights of persons belonging to national, ethnic or racial minorities and fighting discrimination.

Keywords: Ombudsman, persons belonging to minorities, public administration, maladministration, citizen, discrimination, non-discrimination

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Irina Moroianu Zlătescu

Enforcement of the decisions of the European Court of Human Rights

The decisions of the European Court of Human Rights are effective to the extent they are given due importance by those to whom they are addressed. When the Court decides that one or several provisions in the Convention have been violated, the States involved are bound to take all the necessary measures to comply with the respective decisions. While such compliance is monitored by the Committee of Ministers, the Council of Europe is also interested to monitor the way States enforce the national courts’ decisions.

Keywords: European Court of Human Rights, jurisdictional mechanism, human rights, violation, decisions, execution, control, effectiveness, fair redress

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Mihaela Istrate

Security – a multidimensional concept

The decisions of the European Court of Human Rights are effective to the extent they are given due importance by those to whom they are addressed. When the Court decides that one or several provisions in the Convention have been violated, the States involved are bound to take all the necessary measures to comply with the respective decisions. While such compliance is monitored by the Committee of Ministers, the Council of Europe is also interested to monitor the way States enforce the national courts’ decisions.

Keywords: national security, human security, international security, insecurity, human rights, conflict, army

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Adrian Bulgaru

Role of the public administration authorities with the integration of foreigners who obtained a form of protection from the Romanian State

Integration of foreigners who obtained a form of protection in Romania is a dynamic process implying both the efforts of the authorities having responsibilities in the field and the foreigners’ willingness to adapt themselves to the rules and the values of the adopting country. The social integration of these persons involves the close collaboration of the ministries, the labour employment agencies and the local public authorities. Foreigners who obtained one of the protection forms provided by the Romanian State enjoy civil, political, economic, social and cultural rights, as well as equal treatment as compared to the Romanian citizens. Education, as pointed out in the position of the UNHCR, facilitates integration of foreigners in the receiving country.

Keywords: public authorities, integration process, form of protection, inter-institutional cooperation

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Tudor Grigoraș

Judicial control over public administration. Administrative matters of law (Part 2)

Administrative matters of law, regulated under Law No. 554/2004, evince a number of characteristic features. This type of control comes after adoption or implementation of the administrative act, while it checks legality of already taken measures, not measures to be taken in the future. At the same time, the judicial control has a subsidiary nature for it is only carried on following an attempt to restore legality, based on a complaint, in the form of gracious appeal or hierarchical appeal. It is a control over legality, not over appropriateness, which means that the court shall reject the petitioner’s lawsuit if it is based on inappropriateness of an administrative act. Also, this form of control is exercised both over administrative certificates of authority and public administration contracts.

Keywords: administrative act, public authority, public institution, preliminary proceedings, judicial control

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II. JURIDICAL DOCUMENTATION

Ana-Maria Beșteliu

Diversity of contemporary national societies and the imperatives of integration as perceived by the Organization for Security and Cooperation in Europe

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Petru Emanuel Zlătescu

Protecting the fundamental values of the European Union

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III. JURISPRUDENCE

Marius Mocanu

Decision of the European Court of Human Rights in the case C.A.S. and C.S. vs. Romania

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Adrian Bulgaru

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

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Marius Mocanu

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

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IV. SIGNAL

Carmen Năstase

The rights of people with autism

Olivia Florescu

Ecology of the 21st century – Challenges and perspectives

Mihail Enache

Law and public administration challenges in the 21st century

Mihaela Scarlat

20 years of activity of the National Minorities Council

Mihaela Scarlat

The efficiency of legal rules

Mihaela Scarlat

International Day of Families

Mariana Dumitru

French-Romanian Legal Meetings

Daniela Albu

World Environment Day

Teodor Lorenț

Promoting the rule of law and human rights under austerity conditions in Europe

Daniela Albu

Activities of the European Union Agency for Human Rights

Ana-Maria Beșteliu

Jacques Attali, Demain, Qui gouvernera le monde?, Librairies Artheme Fayard, 2011, 438 pages

Daniela Albu

Legal culture and legal transplants, Instituto de Investigaciones Juridicas, Mexico, 2012, vol. I-II, 1120 pages

Petru Emanuel Zlătescu

Pascal Fontaine, L’Union Européenne, Histoire, Institutiones, Politiques, Edition du Seuil, Paris, 2013, 382 pages

Gheorghe Pârvan

Adrian Bulgaru, National and European standards and measures on international protection and asylum, Pro Universitaria Publishing House, Bucharest, 2013, 240 pages

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V. REMEMBER

Remember

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