"Human Rights" Journal

No.2 | 2014 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Irina Moroianu Zlătescu

Religious rules applicable in Romania according to the romanian legislation

Faith is a personal choice and implies a freely consented freedom, which is autonomous and separate from the state. The Law of Cults, the most important normative act for the legal framework that regulates the religious field, is an essential part of the model of relationship between state and religious institutions, a macro projection in the public administration of the concept of binomial citizen, which the contemporary world proposes in response to the new challenges launched by the very concept of religious freedom.

Keywords: freedom of conscience, religious freedom, religion, church, religious cults, fundamental rights, public administration

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Gheorghe Iancu, Vlad Iancu

Freedom of conscience and freedom of expression in the Constitution of Romania

Freedom of conscience from the point of view of the constitutional content, as a fundamental right includes freedom of religion and religious freedom. Human consciousness can not be and should not be directed through administrative means, but it must be the result of the freedom to think and to spread one’s ideas. Any constraint on freedom of thought is a violation of the natural and inalienable right and represents a mutilation of the human mind. Therefore, the Constitution provides that no one may be forced to adopt an opinion or to adhere to a religion contrary to his or her beliefs. Freedom of expression itself, in terms of the Constitution, shall include freedom of expression, prohibition of censorship, freedom and legal responsibility for any information or creation made public.

Keywords: Constitution, freedom of conscience, freedom of expression, freedom of opinion, fundamental rights

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Isabela Stancea

Promotion and protection of human rights by the legislative authority

The Legislative is holding a key role with the protection of human rights nowadays; by means of the normative acts it elaborates and by the principles governing its functioning, as well as by the control it exerts upon the Government, Parliament guarantees the application and the observance of the law throughout the country’s territory. In our country, the fact that the political majority in Parliament is the one that sustains the Government seems to be viewed as if the Legislative had given up its important function of exercising its control upon the Executive or at least as a formalization of this function. It is important that emphasis should be laid upon strengthening Parliament’s role, for the Executive’s role is perceived as continuously increasing as compared to the Legislative’s, which poses risks to democracy.

Keywords: legislative authority, human rights, public administration authorities

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Istvan Gaspar

Evolution of the Secretary General institution in the parliamentary system

The Secretary General is the link between the political factor represented by the President of the Assembly or, as appropriate, its permanent office and parliamentary government. No other official lies not so close to expressing the legislative will as law. As the head and representative of the parliamentary administration, the Secretary General has the power to drive professional services entrusted by internal rules and customs to assist the parliamentarians elected by the people, so that they can exercise their mandate.

Keywords: Secretary General, parliamentary assembly, the parliamentary administration, subordination, autonomy, parliamentary civil servants

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Anna Maria Cun Neagoe

Aspects regarding the right to recognition of legal capacity of persons with disabilities

Legal capacity is the attribute that gives the status of a subject of law, the holder of the legal rights and obligations. For people with mental disabilities, the right to legal capacity has been ignored, and the loss of capacity is a loss that can generate the possibility of exercising fundamental rights – the right to manage their own property, the right to marry, the right to choose their place of residence, the right to vote and to be elected, the right to decide on medical treatment and the right to participate in a fair trial, including in cases involving their rights.

Keywords: persons with disabilities, legal capacity, capacity of use, capacity of exercise, judicial interdiction, fundamental rights

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II. JURIDICAL DOCUMENTATION

Report by Council of Europe Commissioner for Human Rights, following his visit to Romania (31 March – 4 April 2014)

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III. JURISPRUDENCE

Decision of the European Court of Human Rights in the case Mateescu v. Romania

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IV. SIGNAL

Teodor Lorenț

April 2 – World Autism Awareness Day

Marius Mocanu

April 7 – World Health Day

Olivia Florescu

April 8 – International Roma Day

Constantin Sava

The 20th anniversary of the International Day of Families and of the Day of Family in Romania

Carmen Năstase

The Efficiency of Legal Norms

Verginia Vedinaș

Aspects regarding the Impact of the European Convention on Human Rights on the Romanian Legal System

I.M.Z.

UN Council for Human Rights

Daniela Albu

European Union Fundamental Rights Agency (FRA) Activities

Valeriu Rendec

About the European Law Institute

Adrian Bulgaru

Romanian Ombudsman, Special Report on Respecting the Rights of Children Deprived of Liberty in Romania, 2014, 107 pages

Teodor Lorenț

Merris Amos, Human Rights Law, 2nd edition, Oxford: Hard Publishing 2014, 688 pages

Mariana Dumitru

Titus Prescure, Roxana Matefi, Civil Law. General Part. Persons, Hamangiu Publishing House, Bucharest, 2014, 420 pages

Petru Emanuel Zlătescu

Revue internationale de droit comparé no. 2/2014, 456 pages

Mihaela Scarlat

Rapports Internationaux Italiens au XIXe Congres International de Droit Comparé, Vienne 2014, Universita Degli Studi Di Milano, Societa Italiana per la Ricerca Nel Diritto Comparato, A.G.Giuffre Editore Milano, 2014, 891 pages

Gheorghe Pârvan

International Journal of Procedural Law (IJPL – RIDP), no. 2/2012, 218 pages

Olivia Florescu

Revista Română de Drept European (Romanian European Law Journal), no. 1/2014, 227 pages

Petru Emanuel Zlătescu

The Lawyer Quarterly, International Journal for Legal Research, no. 2/2014

Daniela Albu

Office of the High Commissioner for Human Rights – New Publications – Gender Equality Policy, UN Office of the High Commissioner for Human Rights, 2011, 29 pages

Mihaela Scarlat

United against Racism, Racial Discrimination, Xenophobia and Related Intolerance, UN Office of the High Commissioner for Human Rights, 2012, 113 pages

Marius Mocanu

Developing National Action Plans against Racial Discrimination: A Practical Guide, UN Office of the High Commissioner for Human Rights, 2014, 98 pages

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V. REMEMBER

Remember

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