Revista Drepturile Omului

Nr.3 | 2012 | Vedeti revista aici

I. STUDII, CERCETARI, ARTICOLE

Cosmin-Ionuț Enescu

Curtea Constituțională garant al funcționării democratice a societății

The Constitutional Court is one important pillar of the constitutional guarantees system that provides a democratic functioning of society and protects the electoral rights, while playing an important role in the framework of the presidential elections and the national referendum. At the same time, it monitors the way the technical-material and juridical operations characteristic of the electoral procedure are fulfilled, provides solutions to the disputed matters coming out of the incidents that might occur during the elections, confirms presents before Parliament the results of the suffrage in the case of presidential elections or a national referendum.

Keywords: electoral rights, electoral disputed matters, democracy

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Laura Grădinariu

Le droit à la santé mentale

The study devoted to the right to mental health starts with a presentation of the instruments related to the protection of the right to health. It further analyzes the instruments and the mechanisms related to the right to mental health, as well as the rules related to the special case of armed conflicts.

Keywords: right to mental health, international instruments, armed conflicts

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Marius Mocanu

Noi reglementări în domeniul sănătății mintale și protecției persoanelor cu tulburări psihice

Amendments to Law No. 487/2002 were introduced under Law No. 221/2010, in the context of Romania’s ratification of the UN Convention on the Rights of Persons with Disabilities.

Keywords: patient, psychiatric physician, conventional representative, involuntary hospitalization

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Irina Moroianu Zlătescu, Monna-Lisa Belu Magdo

Rolul jurisprudenței în aplicarea unitară a legii

The role of the legal courts should not be limited to a schematic implementation of the legal texts to the cases they are supposed to solve, but it is also extended to identifying subtle ways of implementing the laws, including the circumstances created by the social environment. At the same time, the judges’ freedom to interpret the laws should not be unlimited and possible at any time, as this would undermine the authority of the law while its implementation would be unsure. According to the judicial organization rules in effect in Romania, a judge is not bound by a court’s decision in a similar case pronounced by another judge or by himself, since jurisprudence is not a source of law. Nevertheless, the jurisprudence of the Romanian courts, particularly the jurisprudence of the High Court of Cassation and Justice, is most important for a unitary application of the law in consonance with the constitutional provisions while it is a catalyzing agent of the legislative process.

Keywords: legal court, judge, jurisprudence, source of law, High Court of Cassation and Justice

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Ion Popescu-Slăniceanu, Cosmin-Ionuț Enescu

Jurisdicția administrativă referitoare la stabilirea dreptului de proprietate

The special administrative jurisdiction is part of the public administration bodies and made up of public servants who belong to this administration. Sometimes, judges may be co-opted as well in the structure of these jurisdictions. It consists of the activity undertaken by an administrative authority which, according to the special organic law in the field, has the competence to solve a conflict related to an administrative act, according to a procedure based on such principles as the adversarial system, provision of the right to defense, and independence of the administrative-jurisdictional activity. The special administrative jurisdiction held by the County Commission in establishing the right to property is an important and topical one given the large number of adopted decisions, even though the Land Fund Act was adopted over 21 years ago.

Keywords: rule of law, administrative jurisdictions, right to property

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Tudor Ionuț Grigoraș

Aplicarea art. 2 și 3 din Convenția europeană a drepturilor omului și situațiile speciale

On the general background of strengthening the fight against national and international terrorism, the European Court of Human Rights nevertheless fully complied with its role of the “Convention’s Guardian” and sanctioned the violations of the right to life or the right of not being subject to torture, inhuman or degrading treatments, even though the victims of such violations were persons who, by their crimes, had violated the very basic principles of respecting the right to life and physical and mental integrity of their fellow human beings.

Keywords: European Court of Human Rights, terrorism, jurisprudence, right to life, inhuman treatment

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Vicenția Duțescu

Egalitatea de șanse între femei și bărbați: repere și perspective legislative europene

Despite the efforts taken to institute equal opportunities for men and women, there are many fields in which the two genders do not enjoy the same benefits. These include access to politics, to the job market, salaries and the family-career balance. One problem in terms of equality of opportunities between men and women is lack of experience in the ruling of cases, a fact proved by the small number of cases judged by the national courts. Another problem in the field could be the lack of information, women’s incapacity to get informed being often owed to poverty, a limited access to the Internet, which is particularly true in the countryside. Also, mentalities about women’s status can only gradually be changed, following the pace of generation shift and once increased social, cultural and educational needs emerge.

Keywords: European Union, rights, equality, protection, EU policies

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II. DOCUMENTAR JURIDIC