"Human Rights" Journal

No.3 | 2012 | See the journal here



I. STUDIES, RESEARCH, ARTICLES

Cosmin-Ionuț Enescu

The Constitutional Court as guarantor of the democratic functioning of society

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

Full text here

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

Full text here

Marius Mocanu

New regulations in the field of mental health and protection of persons with mental disorders

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

Full text here

Irina Moroianu Zlătescu, Monna-Lisa Belu Magdo

Role of jurisprudence in the unitary application of the law

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

Full text here

Ion Popescu-Slăniceanu, Cosmin-Ionuț Enescu

Administrative jurisdiction in establishing the right to property

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

Full text here

Tudor Ionuț Grigoraș

Application of arts. 2 and 3 of the European Convention on Human Rights and special situations

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

Full text here

Vicenția Duțescu

Equality of opportunities between men and women: European legislative reference points and prospects

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

Full text here



II. JURIDICAL DOCUMENTATION

Claudia Elena Marinică

Report on the evolution of the human rights legislation in the European Union and Romania – 2012 (Part I)

Full text here

Marius Văcărelu

Legislative novelties (July – September 2012)

Full text here



III. JURISPRUDENCE

Marius Mocanu

Violation of article 1 of Protocol no. 1 to the Convention in the case of Jarnea and others vs. Romania

Full text here

Marius Mocanu

Alleged violation of article 1 of Protocol no. 1 and art. 14 of the Convention in the case Constantin Abăluță and others vs. Romania

Full text here

Adrian Bulgaru

Violation of art. 6 of the European Convention on Human Rights in the case of Popa and Tănăsescu vs. Romania

Full text here



IV. SIGNAL

Marius Mocanu

Action plan on business and human rights

Active aging and solidarity between generations

Irina Moroianu Zlătescu

International Convention on the Rights of the Child

Tania Nicolau

Intercultural dialogue

Adrian Bulgaru

Nicolae Voiculescu, European Labour Law, Perfect Publishing House, Bucharest, 2011

Daniela Albu

Ioan V. Maxim, International legislation and territorial autonomy, in the vol. ”Quo Vadis România? Un punct de vedere” (Quo Vadis Romania? A point of view), Junimea Publishing House, Iași, 2011

Mihaela Scarlat

Emil Bălan, Gabriela Varia, Cristi Iftene, Dragoș Troanță, Marius Văcărelu, The right to good administration and its impact on public authorities` procedures, Comunicare.ro Publishing House, Bucharest, 2010

Olivia Florescu

S`Cool Agenda 2012-2013 (Romanian version)

Full text here



V. REMEMBER

Remember

Full text here