"Human Rights" Journal

No.1 | 2012 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Irina Moroianu Zlătescu

Towards a reform of the European Court of Human Rights

European Court of Human Rights may receive applications from any person claiming to be the victim of a violation by one of the Contracting Parties of the rights set forth in the Convention or its additional protocols. The role of the Court is to decide to what extent national authorities of Contracting Parties have respected the rights provided by the Convention. European law provides that only the Committee of Ministers has the power to monitor the judgments of the European Court, and the defendant State must inform it on the measures taken to implement the judgments of the Court. Last but not least, the Committee of Ministers deals with optimising and increasing the efficiency of the Court, and with the ongoing reform of this European judicial mechanism.

Keywords: judicial mechanism, human rights, violation, implementation, control, efficiency

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Monna-Lisa Belu Magdo

Issues from the jurisprudence of the European Court of Human Rights regarding free access to justice

Bearing in mind Article 6 of the European Convention on Human Rights, it may be said that access to justice, the right to a fair trial and the right to have a case decided within a reasonable time are quite complex issues, while they refer only to the procedural law, not the substantive law. Over the years, the EctHR's jurisprudence clarified the contents of Article 6 of the Convention, generating a new vision at procedural level on how human rights should work.

Keywords: free access to justice, European Court of Human Rights, Constitution of Romania

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Marian Enache

The parliamentary regime

Each democratic political regime is based on a particular model of parliamentarianism, which complies with certain characteristic features but also has some national peculiarities depending on the type and the level of civilization and political culture, on resources and on the institutional traditions. Parliamentarianism has become a prerequisite of democracy owing to its pluralist structure.

Keywords: parliamentary regime, two-party system, pluralism, multi-party system, parliamentary sovereignty, democracy, political parties

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Ion Popescu-Slăniceanu, Isabela Stancea

The right to private property in the Romanian constitutional system and the new Civil Code

Of all the rights, that a person can have anything is the most complete ownership because it gives its holder the exercise of all faculties, all powers that know the law. Private ownership is not only a subjective civil right but a fundamental right enshrined in the Constitution and international treaties governing human rights to which Romania is part. It defined a legal framework characterized by freedom, the restrictions must be justified either by the need to respect the rights of others or to meet certain public policy interests.

Keywords: private ownership, the Constitution limits property, law

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Gheorghe Iancu

Contributions to the definition of social and legal conflicts

Conflicts are social phenomena, with strong implications on issues such as the protection and the promotion of human rights. The legal methods and means for the prevention and the resolution of conflicts are negotiation, mediation, arbitration and conciliation. The new Civil Code and the new Civil Procedure Code lay down that mediation and arbitration are among the institutions they make use of, while the conciliation procedure is the foundation of the Advocate of the People's activity.

Keywords: conflict, mediation, arbitration, conciliation, Advocate of the People, human rights, new Civil Code, new Civil Procedure Code

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Octavian Mircea Chesaru

The right to security – the main objective of defence and public order policies

Security and defence policies have always stated different goals, depending on the national and regional security architecture, but regardless of the official goal, the real goal is the protection of human rights, especially the rights to life, liberty and security. The right to security is the main target of a defence policy, a policy providing a public good consisting of the security status of a nation or of a region. Security crises occur unexpectedly and security threats and vulnerabilities have the tendency to spread evenly across the globalised world we live in. Therefore, a large number of human rights treaties have been written in order to ensure the rights to life, liberty and security in the event of a security crisis.

Keywords: life, liberty, security, crisis

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II. ROMANIAN INSTITUTE FOR HUMAN RIGHTS ANNUAL REPORT

RIHR - Record of activities 2011

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III. JURIDICAL DOCUMENTATION

Ioana Vida

Reflections on the need for measures to implement regulations and decisions of the Council of the European Union and private international law instruments in matters relating to maintenance obligations regulated by Law no. 36/2012

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Cristina Vida

Short overview of Order no. 6552 for the approval of the Methodology of 13 December 2011, on the evaluation, psychoeducational assistance, school guidance and vocational guidance of children, students and youth with special educational needs

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IV. JURISPRUDENCE

Court decision in the case Jarnea vs. Romania

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Court decision in the case Leca and Filipescu vs. Romania

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V. SIGNAL

C.I.Vida

International Conference on the “Efficiency of legal norms”

Irina Zlătescu

Ioana Vasiu, Lucian Vasiu, Criminality in cyberspace, Universul Juridic Publishing House, 2011, 386 pages

I.C.V.

Monna-Lisa Belu Magdo, Rental in the New Civil Code, Hamangiu Publishing House, 2012, 230 pages

Carmen Năstase

Remus Pricopie, Public relations: progress and perspectives, Tritonic Publishing House, Bucharest, Collection Communication-media, 249 pages

A.B.

Alexandru Țiclea, The Labour Code with Comments, 2nd edition , Universul Juridic Publishing House, 355 pages

A. Bulgaru

The Romanian Civil Code, Guide for Notaries Public, The Romanian National Union of Notaries Public, Monitorul Oficial Publishing House, vol. I, 600 pages, vol. II, 565 pages

Irina Moroianu

Laurențiu Șoitu (coord.), Encyclopedic Dictionary of Adult Education, University ”Alexandru Ioan Cuza” Publishing House, Iași, 2011, 288 pages

Adrian Bulgaru

Migration and International human rights law, Practitioners Guide no. 6, International Commission of Jurists, 298 pages

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VI. REMEMBER

Remember

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