64 results on '"DUMINICĂ, Ramona"'
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2. CONSCIOUSNESS AND AWARENESS - THE LAST FRONTIER OF HUMAN PRIVACY AND FREEDOM IN THE FACE OF AI DEVELOPMENT.
- Author
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DUMINICĂ, Ramona and ILIE, Diana Maria
- Subjects
CONSCIOUS automata ,HUMAN behavior ,ARTIFICIAL intelligence ,EMOTIONS ,CRITICAL thinking - Abstract
The core of our research is consciousness, in multiple forms in which it can metamorphose into the inner "temple" of the human being and into the age of AI. This interdisciplinary research captures the "dialogue" between philosophy and law. And no, it is not about AI engineering and its forms of manifestation, but rather it is an "encapsulation" of the risks and benefits that lie behind the AI "label", so that we together make a "leap" towards the awareness of the need to resize or regulate new rights, rights that will preserve our identity in the absolute subtly outlined by AI. Our "mystery" of being, still shrouded "in a cloak of the unknown", seems to become ephemeral in our searches through the "journey of life", the place of this "divine spark" being taken today by the mystery of being of artificial intelligence (AI). Humanity almost feels "small and powerless" in the face of the creation and greatness of the universe of infinite possibilities, gradually "unveiled" by AI. After all, what is a man in infinity? Has AI become capable of reproducing the essence of intelligence: human thinking and wisdom? No matter how great the tendency to reproduce human behaviour and intellect, we must realize, however, that AI is not endowed with emotion, love, critical thinking or morality, and the need for ethics in regulating AI remains a key landmark open to research, in order to reach a safe and reliable area. The definition of human intelligence remains a book open to reflection and analysis, intelligence being an extremely complex attribute, fluid, difficult to measure and especially almost impossible to copy, since it is constantly shaped by factors such as personal motivation, social context, education, personality, attributes related to human intimacy. Without aspiring to reach the "high notes" of knowledge, we ask ourselves: what about the essence of humanity, the inner ego, elements untouched by the legislative area, but only by that of science, given that AI manages to decode and optimize human emotions? What about artificial intelligence that make vulnerable brain and mental integrity through the impermissible alteration of thoughts, which can alter, remove or recover people's memories, as well as manipulate their thoughts? What about the moral and spiritual existence of an individual? Can AI be conscious? It is hard to believe that robots will climb a "ladder" of conscience and consciousness, since AI is confined to the field of possibilities built by man, its creator. [ABSTRACT FROM AUTHOR]
- Published
- 2024
3. Emanciparea minorului. Consideraţii teoretice şi practice.
- Author
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Duminică, Ramona
- Subjects
INDUSTRIAL capacity ,CAPACITY (Law) ,NOMINALS (Grammar) ,CIVIL law ,LIBERTY - Abstract
Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
4. TAX POLICY - INSTRUMENT FOR GUARANTEEING THE HUMAN RIGHTS.
- Author
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PANȚOIU, Adriana Ioana and DUMINICĂ, Ramona Florina
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HUMAN rights ,RIGHTS - Abstract
Human rights cannot be conceived outside of the economic dimension. Important financial resources are allocated by states for the proper exercise of these rights, as well as to ensure their protection. In designing fiscal policies, states must ensure the fulfillment of these objectives. Human rights principles applied in fiscal policy have the role of making governments responsible in the development and application of fiscal policies and to provide them with some criteria for an adequate redistribution of financial resources. [ABSTRACT FROM AUTHOR]
- Published
- 2024
5. THE PROCEDURE FOR ADMINISTRATIVE CHANGE OF NAME IN ROMANIA.
- Author
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DUMINICĂ, Ramona and DRĂGHICI, Andreea
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STATUS (Law) ,CIVIL code ,CIVIL law ,PERSONAL names ,ADMINISTRATIVE procedure - Abstract
Currently, the change of the name of a natural person by administrative means is stated by the Civil Code, by the republished Law 119/1996 on civil status acts and by the Methodology on the uniform application of civil status provisions. On the basis of these normative acts, this article distinguishes between the institution of a change of name and the institution of its re-transcription and that of a change of surname and analyses the procedure to be followed by the person wishing to change his or her name. [ABSTRACT FROM AUTHOR]
- Published
- 2024
6. Journal of Law and Administrative Sciences No. 17/2022
- Author
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Apostolache, Mihai, primary, Flavia Lucia, Ghencea, additional, Ciongaru, Emilian, additional, Cuculis, Adrian Călin, additional, Draghici, Cristian, additional, Paul Modrea, Mihaela Cristina, additional, Duminică, Ramona, additional, Popescu, Viorica, additional, Tutunaru, Mircea, additional, Volosevici, Dana, additional, and Apostolache, Mihaela, additional
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- 2023
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7. REQUIREMENTS OF THE LANGUAGE USED BY THE LEGISLATOR IN THE CONSTRUCTION OF THE NORMATIVE TEXT. SPECIAL LOOK AT THE ROMANIAN LEGISLATIVE TECHNIQUE
- Author
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Duminică, Ramona, primary and Puran, Andra-Nicoleta Puran, additional
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- 2022
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8. The Impact of the Bank's Internal Rules on the Transparency of the Banking Activity
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Pîrvu, Adriana Ioana, Duminică, Ramona Florina, and Nenu, Carmen
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- 2014
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9. The ethical and deontological values of the lawyer profession
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DUMINICĂ, Ramona, primary and DIACONU, Mihaela, additional
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- 2022
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10. FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION, "RESIZED" BY THE PERSPECTIVE OF REGULATION OF A "RIGHT OF THE SOUL" - TRANSDISCIPLINARY ANALYSIS.
- Author
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ILIE, Diana Maria and DUMINICĂ, Ramona
- Subjects
LIBERTY of conscience ,FREEDOM of religion ,CONSCIENCE ,HUMAN rights ,EUROPEAN Convention on Human Rights ,CIVIL rights - Abstract
A "journey into the realm of fundamental human rights and freedoms" awakens in the soul and inner experiences of any researcher a special sensitivity, a depth in analysis and creation, but also a trace of vulnerability, especially in a global socio-economic context so fragile, in which people's suffering reaches levels of horror difficult to represent. These successive and partially interconnected crises, generated by the pandemics and the war, transposed over the reintensification of geopolitical competition for regional or global supremacy, or over the transformative technology revolution of digitization, have revealed the "strength" and "fragility" of right as two mirrors of the same reality, but also the "critical" urgency to reevaluate the issue of human rights and respect for human values and the human being. There is, however, "a force at the heart of fragility", which takes the form of solidarity, and which we have experienced especially during the humanitarian crisis. The general context of the humanitarian crisis "unleashed all-out" in Ukraine, more recently in Israel and Gaza, has put us in front of a paradox of our security based on the expansion and hard core of international human rights regulations, the undeniable progress reached in regulating human actions and in protecting life on earth "falling abruptly into helplessness". The impact of these realities awakens a profound awareness and reflection on the intangibility of fundamental rights and freedoms. Through our research, we aim, on the one hand, to capture this critical point of the conscience of the human being reflected in the freedom of thought, conscience and religion, freedom often restricted "subtly", imperceptibly, and on the other hand, to reflect on the principle of the prevalence of the "general interest" to which we relate in identifying the "perimeter" of the sovereignty of each individual, a sovereignty that the "brave voices" in international research and beyond call "soul". This reflection on the possibility of shaping a right of the soul by extending the interpretation of the sovereignty of an individual to what means feelings, inner feelings or emotions, which are manifested in the conscience and thought of each man, comes to "break down", in all aspects, the corollary of freedom of thought, conscience and religion, so that this freedom of conscience becomes more than a symbolic value, as it is perceived at present. And no, it is not a philosophical approach, nor a religious one, but it comes from the reality of some studies that demonstrate that thoughts can be read, can be manipulated, memories can be modified, eliminated or even recovered. Thought is certainly connected to the "soul", to emotions and feelings so personally manifested, and an impermissible alteration of our thoughts and conscience triggers the need for further clarity about the legal content and scope of this freedom. On a closer look at freedom of thought, conscience and religion, we will find that to determine exactly what should be covered by these regulations, it may be more difficult than we thought, being rather obscure, abstract and "cold" regulations. Focusing on the idea that the evolution of mankind was one of awareness and starting from the need for interaction between law, science and spiritual beliefs, we will try to open the "door of coexistence" between disciplines in an inter and transdisciplinary vision, with the aim of "enriching" this matter in interpretation and awakening in human conscience the importance and complexity of approaching freedom of thought, conscience and religion. [ABSTRACT FROM AUTHOR]
- Published
- 2023
11. Krótkie rozważania dotyczące wyborów prezydenckich w Rumunii
- Author
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PURAN, Andra and DUMINICĂ, Ramona
- Abstract
Wyjaśnienie instytucji głowy państwa z perspektywy filozoficznej, polietiologicznej, ale także konstytucyjnej, odnosi się do prawidłowego rozumienia relacji między narodem a państwową organizacją władzy. W ten sposób lud posiada suwerenność narodową, która jest powierzona jego organom przedstawicielskim, wśród których jest głowa państwa. Naród wybiera swoich przedstawicieli, wśród których jest głowa państwa, w głosowaniu powszechnym, równym, bezpośrednim, tajnym i swobodnie wyrażonym. W Rumunii głową państwa jest prezydent., Dyskurs Prawniczy i Administracyjny, Nr 3 (2021): Dyskurs Prawniczy i Administracyjny
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- 2022
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12. Protection of Persons with Intellectual and Psychosocial Disabilities through Legal Counseling and Special Guardianship. The Conditions for Establishing These Measures.
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DUMINICĂ, Ramona
- Subjects
INTELLECTUAL disabilities ,ATTORNEY & client ,GUARDIAN & ward ,DISABILITY laws ,CIVIL rights of people with disabilities ,CONSTITUTIONAL courts ,CIVIL rights - Abstract
By Law no 140/2022 regarding some protection measures for persons with intellectual and psychosocial disabilities and the modification and completion of some normative acts, the Romanian legislator responded to the need for regulation in the field of protection of persons, bringing the provisions of civil legislation into agreement with the Decision no 601/2020 of the Constitutional Court of Romania. Through this Decision, the Constitutional Court declared unconstitutional art 164 of the Civil Code which stated the institution of placing under prohibition the mentally retarded or mentally alienated natural person. The Court showed in its reasoning that this institution was not accompanied by sufficient guarantees to ensure respect for fundamental human rights and freedoms, as they are enshrined in the Romanian Constitution and interpreted by reference to international treaties, in this case the Convention on the Rights of people with disabilities. Starting from the actuality and particular practical relevance of the newly created mechanism for the protection of individuals with intellectual and psychosocial disabilities, this article proposes an overview of the new measures, emphasizing in particular the distinction between the types of measures that make up the new protection system and analysis of the conditions under which they can be disposed. The study is not intended to be an exhaustive one but aims to identify the general lines in the matter, at the same time raising the question of whether the new provisions really constitute real legislative progress in the matter of civil legislation applicable to individuals. [ABSTRACT FROM AUTHOR]
- Published
- 2023
13. Proceedings of the International Conference European Union’s History, Culture and Citizenship, 13th Edition, 2021
- Author
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Chelaru, Eugen, primary, Dabu, Bianca, additional, Draghici, Andreea, additional, Nenu, Carmen-Constantina, additional, Tabacu, Andreea, additional, Vâlcu, Elise-Nicoleta, additional, Andreescu, Marius, additional, Boghirnea, Iulia, additional, Bucur, Cătălin, additional, Duminică, Ramona, additional, Rainer, Arnold, additional, Koeck, Heribert Franz, additional, Cercel, Sevastian, additional, Scurtu, Ştefan, additional, Stelina, Jakub, additional, Zalucki, Mariusz, additional, Tudorascu, Miruna, additional, CAUIA, Alexandr, additional, ALABDULJABBAR, Naif Jassim, additional, Țicu, Dorina, additional, Puran, Andra, additional, Moraru, Elena, additional, Natalia, Saitarli, additional, Orlov, Maria, additional, MURGU (MANDA), Elena Cristina, additional, TUTUNARU, Tatiana, additional, CIOBOTA, Cătălin Emanuel, additional, IONITA-BURDA, Stefania-Diana, additional, Daniela, Iancu, additional, Popescu, Viorica, additional, POPESCU, Ancuta-Elena, additional, Cringus, Ana-Maria, additional, OJOGA, Mariana, additional, Soare, Andrei, additional, Daghie, Dragos Mihail, additional, Daghie, Nora, additional, Pîrvu, Adriana- Ioana, additional, Oprescu, Mihaela, additional, Retea, Oana-Nicoleta, additional, Grigore-Radulescu, Maria-Irina, additional, Popescu, Corina- Florenţa, additional, ȘELEA, Mircea Mugurel, additional, Vacarelu, Marius T., additional, Singh, Amelia, additional, Dobre, Raducu, additional, GHEORGHE, Elena, additional, Vaduva, Dumitru, additional, and Ionescu, Sorina, additional
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- 2022
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14. THE GUARANTEE OF HUMAN RIGHTS IN CONTEMPORARY SOCIETY. CONDITIONS, LIMITATIONS, RESTRICTIONS.
- Author
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ANDREESCU, Marius, PURAN, Andra, and DUMINICĂ, Ramona
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HUMAN rights ,MODERN society ,CIVIL rights ,LEGAL recognition ,CONSTITUTIONAL law ,XENOPHOBIA - Abstract
The enshrining in modern democratic constitutions and international legal instruments of some human rights and freedoms is the result of a long historical process that includes philosophical, legal and political conceptions, theories, doctrines, but also different forms of recognition, normative consecration of them. The normative affirmation of human rights is the legal recognition of the human being in his existential individuality, man becomes a person in legal relations, the holder of rights and freedoms that he can oppose to the state and demand their guarantee and respect. The scientific research of fundamental rights and freedoms must be carried out on three levels: legal, philosophical, sociological. The constitutional evolution of human rights was characterized by the existence of two large categories of regulations: internal, of each state, and international. In constitutional law, the question of their correlation was raised and two principles were affirmed: 1. The application of conventions related to human rights must be done taking into account the need to harmonize international cooperation with the principle of state sovereignty and 2. International documents are the main means for their application, the assumption in good faith by the states parties of their obligations according to their normative content. Given the undeniable social and legal importance of enshrining human rights, one can speak of a new "religion" of fundamental rights enshrined by law. Is this conception justified? What are the theological, philosophical and legal meanings of human rights? Are freedoms and human rights really guaranteed by the states, including in Romania? To what extent are the rights of persons in special situations constitutionally guaranteed: foreigners, stateless persons, migrants, refugees? These are some of the topics we want to address in this study, with reference to the relevant doctrine and jurisprudence. [ABSTRACT FROM AUTHOR]
- Published
- 2023
15. ETHICAL AND LEGAL ASPECTS OF THE DEVELOPMENT AND USE OF ROBOTICS AND ARTIFICIAL INTELLIGENCE. PROTECTION OF HUMAN RIGHTS IN THE ERA OF GLOBALIZATION AND DIGITISATION.
- Author
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DUMINICĂ, Ramona and ILIE, Diana Maria
- Subjects
ARTIFICIAL intelligence ,HUMAN rights ,HUMAN facial recognition software ,INDUSTRY 4.0 ,ROBOTICS ,DIGITAL technology ,LOW vision - Abstract
While humanity has been under the pressure of successive and partially interconnected shocks generated by pandemic, war and inflation, in a geopolitical and geoeconomic context perhaps the most complex in recent decades, the multifaceted fields of artificial intelligence (AI) have seized economic and social life at a very rapid pace. We are going through the so-called "Fourth Industrial Revolution", or are we already talking about a "(r)evolution of AI", which is shaping its supremacy through interdisciplinary and cuttingedge technological advances such as robotics, nanotechnology, biotechnology, quantum computing, fifth generation (5G) wireless technologies, 3D printing, fully autonomous vehicles or the industrial internet of things, with human-machine interaction becoming ever more complex and profound. Here we step into the "wonderful new world" in which the start was made in the global "race" for supremacy in the field of Artificial Intelligence. Moreover, this global competition is due to the enormous economic value and technological capabilities accumulated in the economies that have allocated a lot of resources for the research and development of AI applications, estimating that by 2030, artificial intelligence would bring 11,000 billion euros to the global economy. In an era of artificial intelligence, we face more and more questions and perhaps few answers. We all ask ourselves what will be the effects on the structure and functionality of society, how much will human rights be affected and how do we manage to prevent this? Is there a right of AI or not? Will robots replace or judge us? Will we dehumanize, expecting more from robots and less from humans? Will AI change the way we humans work, learn, travel, live? How will the digital revolution change the legal world? In a timid attempt to search for and outline answers in this maze of questions, we propose that through our research we explore the advantages and disadvantages of AI, the determining technology of the future, touching, on the one hand, the regulatory area, respectively the legal framework outlined at international, but also Union and national level, especially the protection of human rights and equality, and on the other hand, the ethics of artificial intelligence, a critical subject for the whole world. At the same time, our research aims to index the main initiatives, actions and achievements in the field of artificial intelligence, by reference to the official strategies of the member states and beyond, taking into account the long-term development plans and the strategic and political vision in priority areas such as ethics and security. Efforts to regulate artificial intelligence have increased lately, on the agenda of the legislators in Brussels today being the AI Regulation (Artificial Intelligence Act), but also a directive on AI liability, thus crystallizing a new institutional architecture of AI regulation in Romania, but also in the other EU member states, through the need to harmonize the domestic legislation with the acquis communautaire. Thus, on May 11, the Internal Market and the Civil Liberties Committee of the European Parliament approved, with 84 votes in favor, 7 against and 12 abstentions, a first draft of a Law on artificial intelligence, being perhaps the first "bold" step for the EU regulation of artificial intelligence systems, with the draft to be submitted to the plenary of Parliament in June 2023. Given that currently the regulation of artificial intelligence is at a very low level, these rules will become the first binding "legal construction" in the world in terms of artificial intelligence, the European Union legislator aiming to ensure safe, transparent, non-discriminatory and environmentally friendly AI systems that can be kept under control by humans, avoiding the gradual and imperceptible "suffocation" of people's rights and freedoms by "shaping" the global consciousness. The capitalization of the opportunities generated by artificial intelligence can represent a pivotal point for the economic, but also social and cultural development of Romania, given that we already recognize the profound and dynamic impact on human lives, on the environment, ecosystems, on education, culture, information communication, including on the human mind. Living among digital assistants (Siri, Alexa, Cortana), autonomous cars, smart cameras with facial recognition or intelligent systems capable of making predictions on future behaviors, we must admit that, in the year 2023, artificial intelligence is a reality, perhaps even a necessity and a way of life installed subtly and imperceptibly in our consciousness and in our behaviour. The future is already here because AI is bringing it faster than we thought, our central objective being the awareness of the need to adapt to the new normal, on the one hand, and on the other, that of promoting a human-centered artificial intelligence, by shaping a stable and transparent legal framework. We are stepping timidly, but without a way back, into a new legal "realm" open to reflection and practical applications of the most innovative, in which the challenges are proportionate to the stakes created and asserted, artificial intelligence and robotics having enormous potential in human evolution and in improving all areas of human activity, like the great technological revolutions created by man over time. [ABSTRACT FROM AUTHOR]
- Published
- 2023
16. STYLE AND LANGUAGE IN WRITING LAWS. THE SITUATION OF THE ROMANIAN CIVIL CODE
- Author
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Duminică, Ramona, primary
- Published
- 2021
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17. The Impact of the CoVid-19 Pandemic upon the Contracts in Progress. Special View upon the Unforeseeability in the Regulation of the Romanian Civil Code
- Author
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Duminică, Ramona
- Abstract
In the context of the deep economic changes generated by the SARS-CoV-2 pandemic, the debates regarding the institution of unforeseeability have returned. It is a fact that the measures ordered by the authorities to limit the spread of the pandemic affect the possibility of fulfilling contractual obligations, so that the contracting parties are put in a position to analyze the contractual mechanisms available to remedy the situation. The Romanian legal system considers the unforeseeability as an exception from the principle of the binding force of the contract, being expressly stated by the current Civil Code. It is applicable, as a rule, for the synallagmatic, onerous, commutative and with successive or continuous execution contracts. This exception may be invoked if the execution of the contract has become excessively onerous for one of the parties, because of the occurrence of certain events independent of the will of the parties and which caused an imbalance between their services, impossible to foresee at the time of concluding the act. Invoking the unforeseen allows the contract to be renegotiated. If the parties do not reach an agreement, at the request of one of them, the court may adjust or order the cessation of the contract. Starting from the fact that there are multiple situations in which the spread of the CoVid-19 has determined a contractual imbalance, which needs to be remedied, as well as the fact that practically there is still a confusion between the application of the unforeseeability and the situations in which the major force occurs as an exonerating cause of liability, the objective of the current article is to analyze the concept of unforeseeability and the legal regime applicable to it, by emphasizing the conditions which need to be met in order to be in the presence of this exception from the principle of the binding force of the contract., Discourse of Law and Administration, Nr 1 (2019): Dyskurs Prawniczy i Administracyjny
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- 2021
- Full Text
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18. SUPREMACY OF THE LAW AND LEGAL SECURITY.
- Author
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DUMINICĂ, Ramona
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RULE of law ,SECURITIES industry laws ,OBLIGATIONS (Law) - Abstract
Based on the supremacy of the law, the rule of law has the obligation to guarantee, among other things, legal security, a principle that is characterized by great complexity. Trying to summarize its content, we can appreciate that legal security involves two large categories of rules. On the one hand, there are those that aim at the quality of laws and, on the other hand, those rules that concern ensuring the stability of legal situations, i.e., the non-retroactivity of the law, its accessibility and predictability and the actions of the state. Starting from these considerations, this article debates the concept of supremacy of the law and its qualities in correlation with the principle of legal security. [ABSTRACT FROM AUTHOR]
- Published
- 2022
19. NOŢIUNEA DE DATE CU CARACTER PERSONAL ŞI TEMEIUL PRELUCRĂRII LOR ÎN ACTIVITATEA DE EXECUTARE SILITĂ DIN PERSPECTIVA REGULAMENTULUI (UE) 2016/679.
- Author
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Duminică, Ramona and Tabacu, Andreea
- Abstract
Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2022
20. NATIONAL LEGAL REGIME APPLICABLE TO NUCLEAR ACTIVITIES.
- Author
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DUMINICĂ, Ramona and POPESCU, Viorica
- Subjects
WAR ,BORDERLANDS ,NUCLEAR energy ,ENERGY consumption - Abstract
This article presents the national legal framework regarding the safe conduct, regulation, authorization and control of nuclear activities on the territory of the Romanian state. The approach of the topic is not an exhaustive one, but the objective pursued is to draw the general rules that derive from the national legislation in this field. The topic is a topical one, given the fears about nuclear security in the context of an armed conflict near our borders. [ABSTRACT FROM AUTHOR]
- Published
- 2022
21. Legal and Administrative Studies, Year Xix, No.1 (22)- 2020
- Author
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Boghirnea, Iulia, primary, Del Llano, Cristina Hermida, additional, Rainer, Arnold, additional, Zalucki, Mariusz, additional, Singh, Amelia, additional, Boroiu, Alexandru, additional, Vacarelu, Marius T., additional, Draghici, Andreea, additional, Duminică, Ramona, additional, Daniela, Iancu, additional, Mitrofan, Florina, additional, Popescu, Viorica, additional, Tolbaru, Carmina, additional, Spîrchez, Georgeta-Bianca, additional, Enache, Carmen-Beatrice, additional, Chelaru, Raluca, additional, Mateescu, Emilia, additional, Ioan, Sanziana, additional, and Tirica, Alina-Mihaela, additional
- Published
- 2020
- Full Text
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22. THE INSOLVENCY OF THE NATURAL PERSON - FORGOTTEN REALM IN ROMANIA? NEW TRENDS IN APPROACHING CONSUMER OVER-INDEBTEDNESSCOMPARATIVE LAW.
- Author
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DIDEA, Ionel, DUMINICĂ, Ramona, and ILIE, Diana Maria
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CONSUMER behavior ,CONSUMER law ,BANKRUPTCY ,SEVERANCE pay ,LEGISLATIVE reform ,PSYCHOLOGICAL factors - Abstract
The justification for the choice of this research topic lies in the recurrence of the increasingly dramatic financial situations in which natural persons find themselves in their capacity as simple individuals against the background of the Covid-19 pandemic, situations amplified by the lack of interest of the Romanian legislator that presently provided an almost non-existent answer and a remedy not valued and not accessed by the over-indebted consumer. The period we are going through has generated an economic and social collapse, and the insolvency of professional traders has created chain reactions through restructuring and layoffs, with many people losing their jobs and accumulating debt. In such a fragile context, an opportunity for reset and social revitalization would be to access the insolvency proceedings of the individual under Law no. 151/2015, entered into force in 2018. The reality is that this legal instrument is still in its infancy, so far only 25 people have actually accessed it. And yes, unfortunately, we can say that it is a legal instrument "covered in dust", left in the shadows and almost non-existent, "not stormed" even in terms of doctrine, especially in terms of promotion and social awareness of the benefit resulting in following the access to such mechanisms that allow the so-called fresh start. Why this slow evolution in the application of the treatment of over-indebtedness of simple individuals? Perhaps the enactment of this special law does not meet expectations and is inadequate to the demands of a developed society, perhaps we are not prepared at the cultural level to assimilate it and we are dependent on the stigma of insolvency deeply rooted in our guide of values, perhaps the successive postponement of this normative act triggered a kind of uncertainty, the insolvency procedure becoming a tricky, difficult "realm", difficult to access and especially to navigate, with a much too long time horizon that the debtor must assume in order to improving its economic situation and especially in order to achieve the ultimate goal, namely the discharge of debts and the benefit of a fresh start in society. Beyond the limits of strictly legal multidisciplinarity and the true analysis of legislation intended strictly for the over-indebted and bona fide consumer, insolvency seen from a psychological, social perspective, from the perspective of people who go through such an experience, whether they are debtors individuals, whether they are administrators of debtors legal entities, whether they are employees, raises many questions. What would be the psychological impact on them and what would be the effects of the financial and economic crisis on human behavior? How do the effects of a gradually unbalanced economy affect society and those who have directly experienced the consequences, those who have lost their jobs? How is a person who has come into contact with the insolvency procedure seen and what will be their status in society? Is the current law a failure? What would be the foundations of an "ideal" model in regulating the insolvency of simple individuals? Starting from the premise that the insolvency of the individual is a very delicate subject, with certain nuances and depths of interpretation, we proposed that our research reach an interdisciplinary area, without limiting ourselves to the classic research of analysis-commentary of the legislation of insolvency of the natural person. To achieve this goal, we set ourselves the goal of cutting this research topic in a cascade, starting from the intrinsic and extrinsic springs that can cause an individual to consume irresponsibly, from the idea of changing consumer behavior relative to periods of economic crisis, the need to increase social responsibility and consumer protection, as real social security programs, to identify mechanisms to prevent and treat over-indebtedness, the psychological impact of accessing them, but also to identify solutions for legislative reform, through the creation of a common legislative corpus achieved through the absorption of Law no. 151/2015 by the current Insolvency Code - Law no. 85/2014, an idea already outlined in many countries such as Singapore, Austria, but also India and the United Arab Emirates, which we approached as reference systems in our research. [ABSTRACT FROM AUTHOR]
- Published
- 2021
23. THE LAW APPLICABLE TO THE CIVIL STATUS OF THE NATURAL PERSON.
- Author
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DUMINICĂ, Ramona and Lavinia, OLAH
- Subjects
STATUS (Law) ,CONFLICT of laws ,CIVIL law ,DOMICILE ,IDENTIFICATION cards - Abstract
The participation of the individual in the legal relations of private law cannot be imagined without an identification of him. The identification of the natural person in the legal relations in which he enters refers to his specific individualization with the help of certain attributes or identification elements stated by the law. Together with the name, domicile and residence, the civil status may be among these characteristics. In the international private law, the civil status is considered as part of the personal status. Starting from the provisions of Art 2572-2579 of the Civil Code, the current article aims an analysis of the conflictual norms in the area of the civil status of the natural person. [ABSTRACT FROM AUTHOR]
- Published
- 2021
24. THE CONTRIBUTION OF THE ROMANIAN CONSTITUTIONAL COURT TO ESTABLISH THE RELATION BETWEEN THE RIGHT TO PROPERTY AND THE RIGHT TO A HEALTHY ENVIRONMENT.
- Author
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DUMINICĂ, Ramona and PÎRVU, Adriana
- Subjects
CONSTITUTIONAL courts ,PROPERTY rights ,LAW ,ENVIRONMENTAL protection ,JURISPRUDENCE - Abstract
The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between these two fundamental rights is emphasized by the limitations brought to the attributes of the right to property by the exigencies of the environmental protection. Nowadays, in the context of a more and more polluted environment, property rights are becoming more and more pronounced to circumscribe their attributes of environmental significance. The study starts from the presentation of the environmental limitations of the exercise of the property right established by the constitutional provisions and continues with an analysis of the main decisions of the Constitutional Court pronounced in this matter. Our analysis allows us to conclude that the right to a healthy environment contributes significantly to the strengthening of property rights by reference to the requirements of individual welfare and those of the survival of humans and species. [ABSTRACT FROM AUTHOR]
- Published
- 2019
25. The principle of non-retroactivity of the law in the Romanian civil code.
- Author
-
Duminică, Ramona
- Subjects
COMPLIANCE laws ,CONSTITUTIONAL amendments ,CIVIL rights ,LEGAL certainty - Abstract
The principle of non-retroactivity of the civil law has its fundament in ensuring the security of the civil circuit and in its compliance with the rights and legitimate interests of the subjects of law. After 1991, the Romanian legislator has chosen to constitutionalize the non-retroactivity of the law, stating a single exception, namely that of the criminal or administrative law more favourable. Therefore, the principle has acquired a mandatory feature, both for the legislator, for the law enforcement organs, as well as for other participants in the judicial circuit. In its turn, the Romanian Civil Code of 2011, by preserving the tradition of the Civil Code of 1864, expressly states the non-retroactivity of the civil law. Thus, the non-retroactivity is confi gured as a guarantee of the stability of the state of law, of the constitutionality, an essential guarantee of the constitutional rights and, especially, of the personal freedoms and safety. [ABSTRACT FROM AUTHOR]
- Published
- 2020
- Full Text
- View/download PDF
26. SOME REFLECTIONS ABOUT THE ACTIVATION OF ART 15 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS BY ROMANIA IN THE CONTEXT OF THE COVID-19 PANDEMIC.
- Author
-
DUMINICĂ, Ramona
- Subjects
COVID-19 pandemic ,EUROPEAN art ,HUMAN rights ,SARS-CoV-2 ,REFLECTIONS - Abstract
In the context of the sanitary crisis generated by the spread of the SARS-CoV-2 virus, the Romanian authorities have considered as necessary to declare a state of emergency, to limit the exercise of certain rights and freedoms with the purpose of preventing the spread of the virus and have decided to derogate from the European Convention of Human Rights. Starting from these realities, the objective of the current article is the analysis of Art 15 of the Convention in relation to the previous jurisprudence of the European Court of Human Rights in this area and proposes a reflection upon the need to activate this article by Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2020
27. BRIEF ANALYSIS OF THE EUROPEAN UNION'S DIRECTIVES IN THE AREA OF WATER PROTECTION AND THE LEVEL OF THEIR NATIONAL IMPLEMENTATION.
- Author
-
DUMINICĂ, Ramona
- Subjects
WATER levels ,WATER pollution ,WATER supply ,ENVIRONMENTAL policy ,CLIMATE change ,ENVIRONMENTAL disasters - Abstract
The present study starts from the fact that, at present, the water pollution is a real problem and the efforts unfolded for its prevention or for the removal of its negative effects when it occurred, must be supported, continuous requiring both a regional and an international cooperation. The action performed by the European Union in the area of water protection are reflected in different directives which have as main objectives the insurance of the drinking-water supply, the proper management of water resources, the battle against drought and floods, the battle against water pollution. The rational protection and management of water resources, as well as the insurance of their quality is an important part of the environmental policy of the European Union. Given these aspects, the current paper presents the main legislative interventions of the European Union in the area of water protection. It also aims to show to which extent Romania has managed to implement the EU legislation in this area. As a conclusion, given all efforts laid by the Member States, almost half of the European hydric systems have failed to reach the legislative objectives established by the Union. Starting from the reality that water is constantly under the threat of a wide variety of pressures exposing the sweet water ecosystems and the associated forms caused by humans and pollution, continuing with the fact that the use of fields, water intake, climatic changes represent changes modifying the natural debit of water systems, it is necessary that the fight against these factors be continuous and pointed in the same direction as a national, communitarian and international level, the divergences not being justified in this area. [ABSTRACT FROM AUTHOR]
- Published
- 2019
28. THE RIGHT OF THE DONOR/RECIPENT TO INFORMATION IN THE CASE OF TRANSFER AND TRANSPLANT OF ORGANS, TISSUES AND HUMAN CELLS FOR THERAPEUTIC PURPOSES.
- Author
-
DUMINICĂ, Ramona
- Subjects
TRANSPLANTATION of organs, tissues, etc. ,CRIMINAL procedure ,HUMAN cell culture ,MODERN society ,INFORMATION retrieval - Abstract
The current study starts from the fact that, in the contemporary society, the patient can no longer be considered a simple consumer of services totally subordinated to the doctor, but he is an active participant in the performance of the medical act, having a series of rights, among which his right to information. This right completes the right to life and to health, his right to physical and psychical integrity, the right to dispose of oneself and the right over his own body. Knowing, accepting and bearing the consequences of his own (in) actions are important aspects for each individual, more valuable for the person subjected as donor or recipient of a transplant of organs, tissues or human cells for therapeutic purposes, given the implications of such a procedure. This is why a decision concerning the human body and health of an individual can be taken only after serious, real and intelligible information regarding the risks and benefits of the intervention to which that individual shall be subjected to. [ABSTRACT FROM AUTHOR]
- Published
- 2018
29. FEW CONSIDERATIONS ABOUT THE LAW APPLICABLE TO MATRIMONIAL REGIMES FOR INTERNATIONAL COUPLES MARRIED ACCORDING TO THE REGULATION (EU) 2016/1103.
- Author
-
DUMINICĂ, Ramona and DRĂGHICI, Andreea
- Subjects
LEGAL status of married people ,SPOUSES' legal relationship ,INTERNATIONAL law ,IMMIGRATION law ,LAW - Abstract
Multiplying and diversifying family relationships with an externality element is a reality nowadays. In this context, the issue of matrimonial regimes remains a sensitive one, given the different foundations of the existing normative solutions in this field in different states. For the uniformization of the conflictual norms in this area, at the level of the European Union was adopted the Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, applicable since 29 January 2009 in Member States participating in the enhanced cooperation. This Regulation aimed to be a legislative instrument allowing the elimination of the difficulties faced by international couple with regard to the administration or division of their assets. [ABSTRACT FROM AUTHOR]
- Published
- 2019
30. DREPTUL LA DEMNITATE. PRIVIRE SPECIALĂ ASUPRA DEMNITĂȚII COPILULUI DIN PERSPECTIVA JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI.
- Author
-
DUMINICĂ, Ramona and DRĂGHICI, Andreea
- Subjects
CIVIL rights ,CHILDREN'S rights ,HUMAN rights ,JURISPRUDENCE ,PUBLIC institutions ,DIGNITY - Abstract
Human dignity does not enjoy an express statement in the system of the European Convention on Human Rights (ECHR), but jurisprudentially it is considered as a directorial principle. The compliance of the right to dignity is considered as the base of all the other individual rights. In the same time, this principle is being invoked also for the limitation of the individual's freedom in relation with the values generally recognized by the society. The right to dignity belongs to each human being from the birth, and for children it presents a series of particularities, given the specificity of this type of owner. The compliance with the child's right to dignity generates certain obligations which the parents, legal representatives or the state through its institutions are compelled to respect for it to achieve its purpose. Starting from these considerations, the current paper aims to emphasize the means in which the European Court of Human Rights recognizes and guarantees through its jurisprudence the child's dignity. [ABSTRACT FROM AUTHOR]
- Published
- 2019
31. INTERFERENCE BETWEEN THE INSOLVENCY LAW AND THE LABOUR LAW. CONVERGENCE BETWEEN INTERESTS - INTEGRATIVE VISION.
- Author
-
DIDEA, Ionel, DUMINICĂ, Ramona, and ILIE, Diana Maria
- Subjects
BANKRUPTCY ,LABOR laws - Abstract
In the present scientific approach, we intend to capture the "collision", many times at the conflict limit, of some rights and interests, and the interaction between the economic sphere and the social sphere, respectively, which characterizes both insolvency, a legal institution that has successfully harmonized in an ethical and moral manner its regulation scope by balancing divergent, polar interests such as those of employees with those of entrepreneurs, those of debtors with those of different categories of creditors, those of consumers with those of professionals, interests and values that become interpenetrated at one point, beyond the economic reality and the barriers to profit, the legislator attempting to tip the balance towards a harmonious, balanced and stable social climate through common sacrifices and the awareness of the need for social responsibility while also favouring the economic development of a company and a society as a whole. In fact, by touching the area of interference between the field of labour law and that of the insolvency law, although we are witnessing some "corseting" of the labour law regulations and not only, by the specific objective of the legal regime of insolvency, we witness, however, a prioritization of social character, due to the national and Union legislators' focusing on measures to guarantee salary and social security rights and the protection of workers' rights in the event of a company transfer, taking into account the fact that insolvency proceedings may involve reductions and reorganisations of the business, the sale of some assets or parts of the enterprise, which inevitably lead to reducing the number of jobs. The core of the research remains an integrated vision, by "intermingling" the economic and social fields, evoking, as a priority, the judicial reorganization as a specific insolvency procedure meant to be a win-win instrument that gives the debtor the chance to remain in business, to creditors the chance to recover more than they would recover in bankruptcy and, last but not least, the chance for employees keep their jobs with the prospect of relaunching and creating other jobs, also taking into account the social part involved by the insolvency itself. [ABSTRACT FROM AUTHOR]
- Published
- 2018
32. Timbrul de mediu - O.U.G. nr. 9/2013. Dispoziţii fiscale naţionale contrare dreptului unional.
- Author
-
Tabacu, Andreea and Duminică, Ramona
- Subjects
STAMP duties ,POLLUTION taxes ,USED cars ,FOREIGN trade regulation - Abstract
Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2018
33. THE PROCESSING OF PERSONAL DATA REGARDING CHILDREN, ACCORDING TO REGULATION (EU) 2016/679.
- Author
-
DUMINICĂ, Ramona and DRĂGHICI, Andreea
- Subjects
DATA protection laws ,PERSONALLY identifiable information ,DATA protection ,RIGHT of privacy - Abstract
The development of the information society and the increase of the number of abuses committed against children in the online environment lead to the adoption of new rules in order to guarantee a better child protection. In this context, the current article analyzes the novelties brought to the area of personal data protection for children by the General Data Protection Regulation (GDPR) applicable starting with 25 May 2018 in the EU Member states. Unlike the Directive No 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the GDPR establishes a supplementary level of protection when such data are being processed, and the aimed person is a child. The establishment of a legislative framework for children in this area it is welcomed, considering his physical, psychical and emotional features. [ABSTRACT FROM AUTHOR]
- Published
- 2018
34. THE PRINCIPLE OF PRECAUTION IN THE AREA OF THE ELECTROMAGNETIC POLUTION.
- Author
-
DUMINICĂ, Ramona
- Subjects
ELECTROMAGNETISM ,PUBLIC health - Abstract
Currently, it is an uncontestable reality the fact that the electromagnetic pollution is part of every individual's life. The so-called electro smog represents a controversial subject under the aspect of the effects generated against human health; the studies conducted being controversial as well. In this context, of the scientific uncertainty, a important role is occupied by the law which must face these new challenges. Thus, the current article debates the principle of precaution and its application in this area. [ABSTRACT FROM AUTHOR]
- Published
- 2018
35. FEMINISM IN THE ERA OF GLOBALIZATION. BETWEEN RIGHTS AND STEREOTYPES.
- Author
-
DUMINICĂ, Ramona, ILIE, Diana Maria, and BĂDAN, Ileana
- Subjects
SOCIAL conditions of women ,GLOBALIZATION ,STEREOTYPES - Abstract
Feminism[1] still represents dynamic and controversial phenomenon, manifested at interdisciplinary level, from the political area to the socioeconomic and juridical area, where woman has successfully created her own identity, overcoming obstacles of all kinds, in order to identify a balance between career and family. Legal regulations have been the main instrument in outlining today woman's status and planning the equality policy, the law being characterised by its dynamics in its continuous re-dimensioning depending on the social, historical, cultural, political and economic context, while still keeping its moral values based on which it has been substantiated and still developed, heading, in its evolution towards a "moral ideal". Equality between men and women has become a fundamental right, a common value and a prerequisite for the achievement of economic growth, employment and social cohesion objectives, and the democratic society has successfully created full and equal citizen's rights for all, men and women enjoying the same opportunities, rights and obligations in all spheres of life. Inspite of these administrative, legislative efforts and approaches, the question still remains whether the gender equality objective has really been achieved? Has this phenomenon been turned into a constant protection topic, which can have a negative effect on woman's image, who would thus become a "victim of society"? Are we heading towards protection policies or towards policies on developing a woman able to build values and contribute to the social, economic and cultural development? [ABSTRACT FROM AUTHOR]
- Published
- 2017
36. Gheorghe DĂNIşOR, „Însingurare. O filosofie despre istoria eŞuată a umanității" Editura Universul Juridic Şi Editura Simbol, 2019.
- Author
-
DUMINICĂ, Ramona
- Published
- 2019
37. REASONS FOR THE APPEAL FOR ANNULMENT ACCORDING TO THE NEW ROMANIAN CODE OF CIVIL PROCEDURE
- Author
-
Tabacu, Andreea, primary and Duminică, Ramona, additional
- Published
- 2014
- Full Text
- View/download PDF
38. BRIEF PRESENTATION OF THE NATIONAL LEGAL REGIME OF THE GENETICALLY MODIFIED ORGANISMS.
- Author
-
DUMINICĂ, Ramona and PÎRVU, Adriana
- Subjects
TRANSGENIC organisms -- Law & legislation ,ENVIRONMENTAL law - Abstract
The current study starts from the fact that, in general, the modified genetic organisms has represented and still represents a very controversial subject from the ethical, moral, economic, financial and legal perspective. The GMOs are non-traditional organisms, whose spread can generate a modification of the ecosystems, which has determined certain researchers to speak about the so-called "genetic environmental pollution". In this context, an important role belongs to the law, which must face these new challenges and to answer by drafting norms adequate to the questions raised by the use of the modern bio-technologies. [ABSTRACT FROM AUTHOR]
- Published
- 2017
39. CONSTRUCTION LAW AND ARTIFICIAL REAL ESTATE ACCESSION - INTERACTIONS.
- Author
-
PÎRVU, Adriana Ioana, DUMINICĂ, Ramona, and PURAN, Andra
- Subjects
REAL property ,MUNICIPAL corporations ,BUILDING design & construction ,PUBLIC administration ,BUILDING permits - Abstract
Construction law can be regarded as a branch of urbanism law and is based on the construction-related legislation. One of the main levers of urbanism law is the construction permit. The construction permit is a deed of authority of the local public administration based on which "the execution of building works is allowed according to the measures provided by law regarding location, design, achievement, exploitation and post-use of buildings" (art. 2 para.1 of Law no. 50/1991 authorising the execution of construction works). When, without previously obtaining a construction permit, a person achieves a work requiring such permit on the land of another person, then the competent local authorities have two solutions: either to request the demolition of the construction achieved by non-observance of legal provisions, or to request that the owner of the construction comply with the law, by obtaining the legal permits and authorisations. [ABSTRACT FROM AUTHOR]
- Published
- 2017
40. APLICAREA PRINCIPIULUI PRECAUŢIEI ÎN DOMENIUL PROTECŢIEI HABITATELOR NATURALE. DIN JURISPRUDENŢA CURŢII DE JUSTIŢIE A UNIUNII EUROPENE.
- Author
-
DUMINICĂ, Ramona
- Abstract
Copyright of Review of Juridical Sciences / Revista de Științe Juridice is the property of Review of Juridical Sciences / Revista de Stiinte Juridice and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2017
41. GENERAL CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF ARCHITECTS.
- Author
-
PURAN, Andra, MARINESCU, Alina, and DUMINICĂ, Ramona
- Subjects
ARCHITECTS ,ARTISTS ,ETHICS ,LABOR contracts ,CONTRACTS for work & labor - Abstract
As well as other liberal professions in Romania, also the profession as an architect is regulated by special norms, the Law No 184/2001, whose provisions are amended by the Rules governing the functioning and organization of the Romanian Order of Architects and the Code of Ethics of Architects. The specificity of the disciplinary liability of the architects towards the common law is given by specific sanctions, by the authorities competent in performing the disciplinary investigation of the disciplinary offences, as well as by the specific procedural rules. The present study aims to offer a brief analysis of these aspects which differentiate the disciplinary liability of architects towards that of the employees performing their activities under an employment contract. [ABSTRACT FROM AUTHOR]
- Published
- 2014
42. Jurisprudential issues concerning the interpretation of Article 8 of the European Convention on Human Rights
- Author
-
Aleca, Carmina, primary and Duminică, Ramona, additional
- Published
- 2012
- Full Text
- View/download PDF
43. Considerations Concerning The Regulation Of The Theory Of Unforeseeability In Comparative Law
- Author
-
Duminică, Ramona, primary and Aleca, Carmina, additional
- Published
- 2012
- Full Text
- View/download PDF
44. The adoption procedure for european legislation. Brief considerations.
- Author
-
DUMINICĂ, Ramona
- Subjects
ADOPTION policy ,LEGISLATION -- Government policy - Abstract
In principle, in the European Union, the legislative function is exercised equally by the European Parliament and the Council. These two institutions adopt legislative acts through two procedures: the ordinary legislative procedure and the special legislative procedure. Besides these two main proceedings, in the goal of making procedural rigidity more flexible by implementing several steps, the Lisbon Treaty introduces a number of institutional clauses (passerelle clauses brake clause, and accelerator clauses). These clauses propose different institutional mechanisms, but pursue a common objective, namely, facilitating European integration in "sensitive" areas. Based on these aspects, this article discusses features of the adoption procedure for European legislative acts in terms of the Lisbon Treaty. [ABSTRACT FROM AUTHOR]
- Published
- 2016
45. BRIEF CONSIDERATIONS ON ESTABLISHING OBJECTIVES IN LAW-MAKING.
- Author
-
DUMINICĂ, RAMONA and PURAN, ANDRA
- Subjects
SOCIOLOGICAL jurisprudence ,LEGAL settlement ,LEGISLATION ,LEGISLATORS ,PUBLIC administration - Abstract
Society is quickly developing, but this process warrants the appearance of new laws, thereby putting the lawmaker under the pressure of regulating ever more diverse social aspects such as economic, political, cultural or ideological. The fast changes in society lead to shifts in social relations and even institutional modifications, which require regularization. Establishing objectives in law-making involves the participation not only of jurists specialized in this field but also defines a broader outlook including significant interventions from the political class. The law is the product of a compromise between the various political tendencies which clash in order to obtain a parliamentary majority. Starting with these main points, the present article seeks to stress the relation between legal policy, law-making policy, the legislative programme as well as the role of public policies in law-making. [ABSTRACT FROM AUTHOR]
- Published
- 2013
46. GENERAL ASPECTS REGARDING THE PRIOR DISCIPLINARY RESEARCH.
- Author
-
PURAN, ANDRA and DUMINICĂ, RAMONA
- Subjects
LABOR laws ,LABOR policy ,EMPLOYEES ,SOCIAL legislation ,INDUSTRIAL laws & legislation - Abstract
Disciplinary research is the first phase of the disciplinary action. According to art. 251 paragraph 1 of the Labour Code no disciplinary sanction may be ordered before performing the prior disciplinary research.These regulations provide an exception: the sanction of written warning. The current regulations in question, kept from the old regulation, provides a protection for employees against abuses made by employers, since sanctions are affecting the salary or the position held, or even the development of individual employment contract. Thus, prior research of the fact that is a misconduct, before a disciplinary sanction is applied, is an essential condition for the validity of the measure ordered. Through this study we try to highlight some general issues concerning the characteristics, processes and effects of prior disciplinary research. [ABSTRACT FROM AUTHOR]
- Published
- 2012
47. THE LEGISLATIVE CONSTRUCTION OF REALITY. A SHORT REFLECTION.
- Author
-
Duminică, Ramona
- Subjects
SOCIAL reality ,CRITICAL thinking ,RADICAL economics ,RADICALISM ,CIVIL rights ,LEGISLATORS - Abstract
In today's Romanian society, characterized by radical economic and political changes, we are witnessing a veritable „law crisis" mainly generated by the inadequate manner in which the law is devised. The law no longer seems necessary to regulate reality and to ensure the protection of the individual and his rights, rather it has become an easy solution amongst so many others, an element of the policies imposed by the ruling party or parties. The enactment of law no longer seems based on the two conditions considered essential to the drawing up of legislation: knowledge of reality and an adequate application of the legislative technique so that the social reality matches the reality reflected by the law. The law is no longer created to regulate a certain reality, rather through laws most often a parallel reality is created. The legislator no longer makes decisions concerning reality itself, but becomes a simple „fabricator" of reality. All these assessments constitute the fundamental reason that has determined us to reflect in this study upon what we call „the legislative construction of reality". Thus, in this present article we try to bring forward for discussion no only the causes of this phenomenon, but also to propose solutions to remedy the problem. [ABSTRACT FROM AUTHOR]
- Published
- 2011
48. APRECIERI GENERALE PRIVIND DREPTUL OMULUI ASUPRA PROPRIULUI CORP CU REFERIRI LA NOUL COD CIVIL.
- Author
-
Duminică, Ramona and Drăghici, Andreea
- Abstract
Copyright of International Conference: Challenges of the Knowledge Society (CKS) is the property of Nicolae Titulescu University of Bucharest and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2010
49. GENERAL CONSIDERATIONS REGARDING RIGHT OVER OWN BODY WITH REFERENCES TO THE NEW CIVIL CODE.
- Author
-
Duminică, Ramona and Drăghica, Andreea
- Subjects
BIOLOGY ,MEDICAL sciences ,CIVIL rights ,HUMAN artificial insemination ,HUMAN rights - Abstract
Deep changes generated by the progress of biology and medical science result in new challenges posed to law: the reconsideration of the relation between man and his own body and of the legal protection of the human body. Therefore, this article aims at establishing the nature of the right that human beings have over their own bodies by referring to the legislation in force, to the opinions expressed at doctrine level, but also to solutions proposed in the field by the New Civil Code. For a long period of time, the law used to refer to the human body in an indirect manner only, when the acquiring or the loss of its legal personality was under discussion. Artificial human reproduction, organ transplant, trade of the right to image are only a few aspects that impose the clarification of the legal contents of the right belonging to natural persons over their own body as a necessity for legal science. [ABSTRACT FROM AUTHOR]
- Published
- 2010
50. The Relationship between the Law, Legal Norm, Legal Order and Normativity in Postmodern Society.
- Author
-
DUMINICĂ, Ramona
- Subjects
- *
SOCIAL order , *LAW , *POSTMODERNISM (Philosophy) , *NORMATIVITY (Ethics) , *NORM (Philosophy) - Abstract
It is widely accepted that the existence of people in society cannot happen at random, but be organized. In one way or another, all human activities are generally subject to the law, meaning that they cannot unfold in an unorganized manner or outside of a certain social order without being subject to rules and principles promoted either by the group or by society. Based on these considerations, this article aims to discuss the particularities of the relationship between law, legal norms, order legal and normativity in postmodern society. [ABSTRACT FROM AUTHOR]
- Published
- 2014
- Full Text
- View/download PDF
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