No.1 | 2015 | See the journal here


Irina Moroianu Zlătescu

The United Nations Organization and the Institutionalization of Human Rights

The period following the creation of the United Nations Organization, the elaboration of the UN Charter and the adoption of the Universal Declaration of Human Rights, is considered to be the contemporary era of human rights, characterized by the emergence of numerous regulations in the field and codification of the fundamental rights. In order to fulfill one of its fundamental objectives, to provide the protection and the promotion of human rights and the fundamental freedoms, the United Nations Organization elaborated a great number of international instruments through its bodies.

Keywords: human rights, Universal Declaration of Human Rights, fundamental freedoms

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Catrinel Brumar

Determining the member state responsible with the examination of an application for international protection

Determining the Member State responsible for examining an application for international protection from a national of a third country is based on the Dublin mechanism that defines a set of criteria allowing the identification within the Union State, to ensure that each such application will benefit from a thorough analysis and that there are no concurrent or subsequent multiple applications.

Keywords: international protection, the Dublin mechanism, responsible state, EURODAC, FRONTEX, EUROSUR

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Mihaela Ela Iancu, Gheorghe Iancu

Several aspects regarding the fundamental right to health

The right to health is not an absolutely fundamental right, as is the right to life and, therefore, its exercise may be restricted under the terms of Article 53 of the Constitution. According to constitutional requirements, the state has to take a number of measures: to ensure public hygiene and public health, which are two distinct constitutional concepts; it has to organize the healthcare and social security system, to control the exercise of medical and paramedical professions and to protect the physical and mental health of its citizens, obligations which of course, are established by law. Regarding the State’s obligations to take action to ensure public health, these implies among other things, efforts to decrease infantile mortality and to ensure the healthy development of the child; it also means the prevention, treatment and control of epidemic, endemic, occupational and other such diseases. In this context of utmost importance is the right to operate pharmacies, selling drugs, ensuring safe and quality products to the public and the independence of pharmacists.

Keywords: right to health care, public health insurance, the constitutional obligations of the state, infant mortality, prevention, pharmacies, independent pharmacists

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Daniel-Ștefan Paraschiv, Ramona-Gabriela Paraschiv

Liability for violating the right to healthy environment by improper waste management

Biosphere preservation is necessary for maintaining human health, and at the same time for ensuring prosperity by increasing production of goods. These are ideals achievable only by building a new global economic, social and ecological order. In the field of liability for environmental damage, including improper waste management, a key role is played by the preventive means, civil or administrative liability, and in addition by the criminal law, with a predominantly repressive character and especially with an intervention on the realm of "done evil", playing a subsidiary role. Violation of the right to a healthy environment has an adverse effect on the conduct of life under suitable conditions so that in future international organizations and state institutions should have a stronger role in environmental protection by establishing harsh penalties for acts with long standing or irreversible consequences, which could significantly affect human health or even life.

Keywords: environment, waste, protection, degradation, sanctions

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Tudor Grigoraș

Human rights in the administration of justice. The role of the Prosecutor’s Office

The history of the establishment of the Public Ministry is the result of a long process. Its origin is found in French law, in the so-called “the king’s prosecutors” from the 14th century, who were appointed to defend the interests of the king and the state. The institution was later developed and expanded in all states. In a democratic society the prosecutor’s institution has an important role, it represents the public authority which, in the name of society and of public interest ensures the law enforcement when the breach of law triggers a criminal sanction, taking into account both human rights and the effectiveness of criminal justice.

Keywords: public prosecutors, independence, criminal justice, criminal sanction

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Romanian Institute for Human Rights Annual Report - 2014

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The rights of persons with disabilities in Romania

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

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Mihaela Scarlat

United Nations – Aims, Realities, Perspectives. Post 2015 Agenda

Carmen Năstase

European Action Week Against Racism, March 14-22, 2015: ″United in Diversity″, ″United Against Racism″, International Day for the Elimination of Racial Discrimination, March 21

Olivia Florescu

World Water Day, March 22, 2015, ″Water and Sustainable Development″

Daniela Albu

European Union Agency for Fundamental Rights (FRA) Activity

Marius Mocanu

Irina Moroianu Zlătescu, Human Rights: A dynamic and evolving process, Pro Universitaria Publishing House, 2015

Gheorghe Pârvan

ABAC Journal, Assumption University, Bangkok, Thailand

Petru Emanuel Zlătescu

Jean Paul Jaqué, Droit constitutionnel et institutions politiques (Constitutional law and public institutions), Dalloz Publishing House, Paris, 2014

Teodor Lorenț

European Union Agency for Fundamental Rights, Making rights real. A guide for local and regional authorities, Viena, 2014

Adrian Bulgaru

Permanent Electoral Authority, ″Expert Electoral″ Journal, (Electoral Expert) no.1 (9) 2015

Carmen Năstase

Legislative Council – Legislative newsletter, no.1/2015

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