No.2 | 2016 | See the journal here


Mihai-Bogdan Marian

Social contract and human rights issues – the challenges post modernity

Contractual theories and the regulation of human rights issues emanating from the Enlightenment century is an unprecedented evolutionary leap in the history of human societies which managed to bring substantial improvements in the lives of common individuals everywhere. However, social realities are not static, they evolve and transform, requiring a permanent redefinition and reinvention of the regulatory framework by which these regulations are applied. From this perspective, postmodernism comes to counterbalance a series of exceptions from the classical contractual theories, with profound implications on the matter of human rights, which by their number and their persistence over time, become genuine indicators revealing that humanity has reached the moment when the renegotiation of a new social contract becomes mandatory worldwide.

Keywords: social contract, human rights, sovereignty, national state, postmodernism

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Mihai Milca

The rule of law, the human rights, the security of citizens and the state of exception

There is a close connection between safety and freedom of citizens, with reference to other cardinal values. Safety, before being an end in itself, becomes a prerequisite of freedom, an instrument that can enhance the degree of freedom of the individual in society and of the citizen in a state. Currently, the state action to protect citizens against the internal and external challenges due to the emergence of terrorism is increasingly becoming a hot issue, since anti-terrorist laws and practices proved to be deficient in the way the international community responds or should respond to the cross-border terrorist organizations. It now becomes pressing and necessary to resort to radical and timely reassessment. By replacing the rule of law with a so-called "state security" actually there is neither a strengthened rule of law nor an enhanced security while a greater "social disciplining" of citizens does not take place.

Keywords: public security, fundamental rights, rule of law, state security, state of exception, terrorism

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Laurențiu Șoitu, Alina Țicău

The rights of the student and the digital manual

Education is an essential right that allows individuals to receive training to know their traditions, perennial values, the principles and standards of society through their social fulfillment. The right to instruction and education is important in itself but it also counts for the benefit of others, for the economic, social and cultural development of all. This paper aims to highlight the idea that each generation has its own conditions for development. Enjoying novelty and progress at technological and conceptual levels – is everyone’s right. A generation of digital natives currently grows and asserts itself. Their textbooks as a mean of learning and education can only be in consonance with the current cutting edge technology.

Keywords: human and children’s rights, digital natives, digital textbooks, training and education, inclusion, success and social affirmation

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Gheorghe Iancu, Ioana Anca Iancu

Analysis of constitutional and legislative provisions on the protected environment

The current ecological crisis that is affecting the environment and the world ecologic balance is closely linked to the relation between people and subjective rights on the one hand, and the environment on the other hand. It is currently necessary to convince states to proceed with the constitutional regulation of a new fundamental right – the right to a protected environment, which can be classified as follows according to several criteria in order to receive: explicit or implicit recognition; legal or constitutional recognition; recognition or not in the jurisprudence.

Keywords: subjective rights, environment, the right to a protected environment, constitution, fundamental rights

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Irina Moroianu Zlătescu, Petru Emanuel Zlătescu

Current legislation in the field of non-discrimination

This study aims to present the most important international regulation, at European regional and national level on discrimination and on combating it. It also aims to find solutions to eliminate discrimination in various fields and in different ways, considering that the most important factor is education.

Keywords: rule of law, democracy, human rights, equality, non-discrimination, legal culture

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Alexandra Bucur

The social and economic rights of immigrants

Issues relating to economic and social rights are very important in the context of immigration. The right to work, the right to social security, the right to education, the right to health etc. are inherent to all human beings, whether or not immigrants. These rights are governed by numerous international instruments. States cannot ignore their obligations to respect and protect human rights.

Keywords: human rights, economic and social rights, immigrants

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Grațian Urechiatu-Buruian

Aspects regarding the administration of justice as a public service in Romania

The justice activity is part of public services and it operates through courts. To the well functioning of the justice’s act compete organizations in the Public Prosecutor's Office attached to each Justice court. The main purpose of justice is to check that the judicial norms are respected. In the present juridical architecture, the courts are organized and function according to Law no. 304/2004 regarding the judicial organization. According to this legislative act the justice is made though the following courts: the High Court of Cassation and Justice, the Court of Appeal, the County Court, the specialized county courts, the military court, and the district court.

Keywords: justice administration, European Convention on Human Rights, procedure, Constitution, public service

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An argumentation for political candidature as a fundamental human right

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

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

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Gheorghe Pârvan

The Judiciary of Romania – Between Tradition and Reform

Olivia Florescu

World Health Day

Carmen Năstase

April 8 – International Romani Day

Adrian Bulgaru

National Humanities Olympiad

Olivia Florescu

Earth Day 2016

Teodor Lorenț

23 April – World Book and Copyright Day

Marius Mocanu

World Press Freedom Day

Daniela Albu

International Day of Families

Carmen Năstase

Protection of the Environment through Criminal Law

Mihaela Scarlat

The Efficiency of Judicial Norms

Olivia Florescu

Fundamental Rights Forum 2016

Marius Mocanu

Migration: New Challenges for Europe, State Sovereignty and the Welfare State

Daniela Albu

National Report and Monitoring Mechanisms. Studies on the Commitment of States in the Implementation of International Human Rights Mechanisms

Daniela Albu

Bogdan Aurescu, Romania and the International Court of Justice. The Works of the ”International Conference Romania and the International Court of Justice. 5 Years since the Maritime Delimitation in the Black Sea”, February 3, 2014

Anca Moț

Octavian Opriș, Liberty, morals and politics, Ideea Europeană Publishing House, Bucharest, 2015

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In Memoriam Nicolas Mateesco-Matte Ph.D. Professor (December 3, 1913 – April 13, 2016)

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In Memoriam Octavian Popescu Ph.D. Professor (September 27, 1934 – April 27, 2016)

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