Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law

Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://webbut.unitbv.ro/index.php/Series_VII <h2>Aim</h2> Promotion, enhancement, and stimulation as regards the dissemination of the original, theoretical, and applied creation and research, in the fields of social sciences and law. The Journal is indexed in EBSCO Publishing DataBase (<a href="http://webbut.unitbv.ro/public/site/documents/admin/a9h-subject.xls">http://www.ebscohost.com/titleLists/a9h-subject.xls</a>), from 2009, DOAJ (<a href="http://www.doaj.org/doaj?func=openurl&issn=20667701&genre=journal">http://www.doaj.org/doaj?func=openurl&issn=20667701&genre=journal</a>), from 2010, CEEOL (<a href="http://www.ceeol.com/search/journal-detail?id=1154">http://www.ceeol.com/search/journal-detail?id=1154</a>), from 2011, ProQuest Central (<a href="https://search.proquest.com/central/publication/2045981/citation/5EF6952D00EB4790PQ/4?accountid=7257">https://search.proquest.com/central</a>), from May 2017, ERIH Plus (<a href="https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info?id=497080">https://dbh.nsd.uib.no/publiseringskanaler/erihplus/periodical/info?id=497080</a>), from July 2019, Crossref (<a href="https://search.crossref.org/">https://search.crossref.org</a>), from January 2019 and is accredited by the Romanian National Council of Scientific Research (CNCS) in the <a href="https://uefiscdi.gov.ro/userfiles/file/IC6%202011/Reviste%20romanesti%20recunoscute%20de%20CNCSIS-%20categoria%20B_plus.pdf">category B+</a> of the scientific magazine. All content is freely available to the user in the full text since 2009. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal. This is in accordance with the BOAI definition of open access. <a href="http://webbut.unitbv.ro/index.php/Series_VII/about" target="_blank" rel="noopener">Read more</a> Old Site Use this <a title="Series_VII" href="http://webbut2.unitbv.ro/Bulletin/Series%20VII/Series%20VII.html" target="_blank" rel="noopener">LINK </a>to access the content of the old Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law journal site! en-US editor.but@unitbv.ro (Gabriela Ratulea, PhD, Prof.) biblioteca@unitbv.ro (Corina Monica Pop) Wed, 22 Jan 2025 00:00:00 +0000 OJS 3.3.0.3 http://blogs.law.harvard.edu/tech/rss 60 Custom as a source of Law in International Trade: Tradition and Modernity https://webbut.unitbv.ro/index.php/Series_VII/article/view/8818 The study explores the role and relevance of custom as a source of law in international trade, analyzing how it evolves in the context of modernity. The main objective of the research is to assess how legal traditions based on recurring commercial practices influence modern norms, providing stability and predictability in global trade relations. The study's main conclusion is that, although modernity brings new forms of regulation, custom continues to play a crucial role in filling legislative gaps and in the flexible adaptation of norms to the cultural and economic diversity of the parties involved. Cornelia Beatrice Gabriela Ene-Dinu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8818 Wed, 22 Jan 2025 00:00:00 +0000 Applicability of Cybercrime Conventions to International Cooperation in the Fight against Child Abuses on the Internet during Armed Conflicts https://webbut.unitbv.ro/index.php/Series_VII/article/view/8819 Information and telecommunication technologies are intensively used to aggravate the humanitarian condition of children being disproportionately affected by military conflicts. Although international humanitarian law contains a significant number of norms providing special protection of children, most issues related to child abuses on the Internet are enshrined in specific treaties that may be not applicable during international military conflicts. The present article addresses the norms of the law of treaties related to the effects of armed conflicts on treaties, including cybercrime conventions; it discusses the applicability of the existing cybercrime treaties during armed conflicts. Nataliya Maroz Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8819 Wed, 22 Jan 2025 00:00:00 +0000 National Courts between the European Court of Human Rights and the Court of Justice of the European Union. A Complicated Trio Relationship https://webbut.unitbv.ro/index.php/Series_VII/article/view/8820 The two main European courts share a common history. Based on this, it is now natural to talk about what the doctrine calls "cross-fertilisation", which leads to the "unionisation" of the Conventions and the "conventionalisation" of the European Union (Sionaidh Douglas-Scott, 2013, p. 5). However, there is not always uniformity of solutions between the two European courts, so that among them is the national judge, who must comply with both guidelines. This paper aims to explore how the national judge can accomplish this. Vlad Neagoe Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8820 Wed, 22 Jan 2025 00:00:00 +0000 The Right to Food, Deliberate Starvation, and the EU’s Response to International Courts’ Rulings https://webbut.unitbv.ro/index.php/Series_VII/article/view/8821 This article examines starvation as a crime of global concern, particularly in situations of conflict and humanitarian emergencies, and the European Union’s role in combating this crime. The analysis focuses on the international and European legal framework on the right to food, the impact of armed conflict on this right, and the use of starvation as a method of warfare. The article concludes with a critical assessment of the EU’s response to food security threats, specifically in relation to the recent Israeli-Palestinian crisis. Anna Oriolo Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8821 Wed, 22 Jan 2025 00:00:00 +0000 Aspects of Convergence in the EU’s Renewed Strategic “Vision” of the European Administrative Space https://webbut.unitbv.ro/index.php/Series_VII/article/view/8833 The set of “overarching principles” and shared values of member states, known as the “European Administrative Space”, from various documents of the European Commission and SIGMA, was revised in 2023 to adjust and upgrade the existing framework to the most recent practices and guidelines established by the OECD, the EU, and other international organizations. The present article explores this renewed vision of the consolidation of the European Administrative Space and the instruments that the European Union, especially the European Commission, will use to expand cooperation and offer support to Member States in planning and adapting their public administrations’ reforms for the current and future needs of their societies. Cristina Patrascu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8833 Wed, 22 Jan 2025 00:00:00 +0000 Brief Considerations with Respect to the Gender Equality Principle at the National and European Levels https://webbut.unitbv.ro/index.php/Series_VII/article/view/8838 Respecting the principle of equal opportunities and treatment between women and men is essential for the rule of law. This principle must be integrated into all aspects of social and economic life, and combating gender discrimination must be a priority for governments and public or private organizations. Gender equality is a core value of the European Union, a fundamental right, and a key principle of the European Pillar of Social Rights. Romania has developed and approved a series of legal measures to create the necessary framework for respecting this principle, but the implementation and enforcement of legislation in this area remain a challenge for both public authorities and private organizations. Elisabeta Slabu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8838 Wed, 22 Jan 2025 00:00:00 +0000 International Crestonomy https://webbut.unitbv.ro/index.php/Series_VII/article/view/8840 International Crestonomy provides an innovative theoretical and practical framework regarding the enhancement of efficiency and utility in global cooperation. In this dynamic and complex world, where all international relations take place, International Crestonomy emerges as a particularly important concept, as it brings together all the principles and mechanisms for optimizing efficiency and utility in this field and, consequently, the concept becomes essential for ensuring global peace, stability, and prosperity. The objectives of International Crestonomy, which we aim to highlight in this article, are: defining and understanding the concept of International Crestonomy; identifying the fundamental principles of International Crestonomy; analyzing the challenges and perspectives of International Crestonomy and developing methods and mechanisms for optimizing efficiency and utility. Nasty-Marian Vladoiu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8840 Wed, 22 Jan 2025 00:00:00 +0000 The Protection of Domestic Violence Victims in the Present Context. Enforcement of the Protection Order https://webbut.unitbv.ro/index.php/Series_VII/article/view/8855 This article approaches issues pertaining to the protection of domestic violence victims by emphasizing the lawmaker’s initiative to expand the enforcement of the protection order by Law no 26/2024. Enforcement of the protection order to protect all victims regardless of the relation between the victim and the assailant and the form of violence (physical or psychological) is an element of legislative novelty. The subject of this endeavour will be the rights of the victims of crimes which entail acts of violence, by describing both national law and international law. Maria-Magdalena Barsan Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8855 Wed, 22 Jan 2025 00:00:00 +0000 The Witness's Right to Silence and Non Self Incrimination. Case-law: Considerations on the Scope of the Concept of Witness https://webbut.unitbv.ro/index.php/Series_VII/article/view/8856 This paper aims to present the witness's right to silence and the right to non-self-incrimination, with reference to the legal regulations, as they were interpreted in the jurisprudence of the ECHR, the Romanian Constitutional Court and the Romanian High Court of Cassation and Justice. In this regard, it is important to first of all delimit the scope of the concept of witness, which also includes assimilated witnesses. On the other hand, it is equally important to emphasize the solutions to which the application of this right may lead in practice, in the absence of an express regulation in Romanian law. Gabriela-Nicoleta Chihaia Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8856 Wed, 22 Jan 2025 00:00:00 +0000 Demarcations between Criminal and Civil Negligence https://webbut.unitbv.ro/index.php/Series_VII/article/view/8864 There are some differences between the negligence that attracts criminal consequences and the one that attracts consequences in terms of civil liability. These differences are also reflected in the judicial practice, respectively in the solutions pronounced by the courts in the cases whose object is acts committed as a result of the negligence of the perpetrator. Such a case, in which the two types of negligence were addressed, is presented in this article. Cristinel Ghigheci Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8864 Wed, 22 Jan 2025 00:00:00 +0000 The Extension of the Criminal Prosecution https://webbut.unitbv.ro/index.php/Series_VII/article/view/8858 Criminal prosecution is the first, mandatory and essential, non-public, predominantly written and non-contradictory phase of the criminal proceedings, through which the criminal investigation bodies carry out pre-trial procedural activities. The extension of the criminal prosecution concerns the situation in which it is necessary to modify the procedural framework if, after gathering evidence, the criminal investigation bodies may discover that the person under investigation had committed several acts provided for by criminal law for which the in rem criminal prosecution was not initiated, or that the act under investigation had been committed by several persons who were not considered at the beginning of the investigation. The starting point of this paper is the presentation of the hypotheses, depending on the stage of the procedure in which the procedural framework is modified, as well as the issues that may arise in practice in situations where the prosecution authorities do not proceed with the extension of the criminal prosecution. Constantin Ioan Gliga Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8858 Wed, 22 Jan 2025 00:00:00 +0000 Femicide – The Analysis of a Social Phenomenon https://webbut.unitbv.ro/index.php/Series_VII/article/view/8859 Gender-based violence is a serious social phenomenon which endangers the basis of a democratic state. It represents a threat to the fundamental values which are at the basis of the European Union. The most serious form of gender-based violence is femicide. Over time, the institutions which regulate human rights have passed a series of stipulations meant to fight this phenomenon. However, this phenomenon is persistent, and it endangers the fundamental human right of all women: the right to life. This article contains a study of femicide from the perspective of gender equality, by analyzing the dimension of the phenomenon and the factors which favor femicide. Diana-Geanina Ionas Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8859 Wed, 22 Jan 2025 00:00:00 +0000 Conceptual Analysis of Special Mitigating Circumstances in Romanian and European Criminal Law https://webbut.unitbv.ro/index.php/Series_VII/article/view/8860 Despite the emergence of new criminal legislation and the reconfiguration of the application framework for mitigating circumstances, the scope of their applicability and the timeframe within which they may be invoked remains far from uniformly clarified at both the national and European levels. This lack of clarity persists despite numerous rulings by the Constitutional Court of Romania accepting certain exceptions of unconstitutionality or providing interpretative guidance, as well as unifying decisions on judicial practice issued by the Romanian High Court of Cassation and Justice (Î.C.C.J.) in the field under examination. Consequently, I deem it necessary to conduct an in-depth study of the special mitigating circumstances for penalty mitigation within Romanian and European criminal law, in order to contribute toward a more coherent understanding and practical application of these provisions. Elena-Irina Rahimian (Circiumaru) Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8860 Wed, 22 Jan 2025 00:00:00 +0000 Principle for Effective Insolvence https://webbut.unitbv.ro/index.php/Series_VII/article/view/8842 Insolvency proceedings are complex because they combine 3 components: economic, judicial and social. Consequently, the conduct of these proceedings requires the participation of implementing authorities with a view to achieving the aim laid down by the law, i.e. to cover the debtor's liabilities and to satisfy the creditors as far as possible. Consistency, professionalism and professional ethics of the authorities enforcing this proceeding, together with the good faith of the debtor and the creditors, ensure the principle for effective insolvency. Anca Roxana Bularca Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8842 Wed, 22 Jan 2025 00:00:00 +0000 The Importance of Classifying an Asset as Belonging to the Public Domain https://webbut.unitbv.ro/index.php/Series_VII/article/view/8844 According to the special Law no. 165/2013 regarding the measures to complete the restitution process, the Local Land Fund Commissions drew up the validation proposal from Annex no. 29, in Annex 23, meaning that the County Land Fund Law Enforcement Commissions revoked the decisions that contained the recognition of the right to property on the land that was illegally taken by the communist regime and entered the state property. So, this type of land can be unavailable for the former expropriated owner, in favour of the state? On the other hand, Romania adopted new regulations which complete Law no. 222/2017 with a provision allowing the alienation, by donation to third parties, of a Patriot system owned by the Romanian state. This research wants to highlight two situations where the delimitation between public and private domain has practical importance. Catalina-Georgeta Dinu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8844 Wed, 22 Jan 2025 00:00:00 +0000 Trademark Protection https://webbut.unitbv.ro/index.php/Series_VII/article/view/8846 The brand/trademark, trade name and emblem are part of the category of distinctive signs used by professionals/traders when it comes to carrying out an economic activity, for their easy identification by their customers/partners, for the creation of a unique identity that generates their uniqueness. According to art. 2 of Law no. 84/1998 on trademarks and geographical indications, the trademark is any sign capable of graphic representation, such as: words, including names of persons, drawings, letters, numbers, figurative elements, etc., provided that these signs enable the products to be distinguished or the services of one enterprise to be differentiated from those of other enterprises. Cristina Dinu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8846 Wed, 22 Jan 2025 00:00:00 +0000 Modernizing the European Judicial Cooperation by Digitizing Cross-Border Proceedings https://webbut.unitbv.ro/index.php/Series_VII/article/view/8848 The evolution of the digitization process has naturally been reflected in the field of justice, as well, with a legislative approach at European level aimed at coordinating efforts in this direction. The proposed article focuses on the European regulatory framework adopted in this area, the objective of which is to improve the efficiency of the justice system by reducing and simplifying administrative burdens, reducing the time and cost of settling cases, ensuring better and fairer access to justice. I. Nicolae, G.B. Spirchez Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8848 Wed, 22 Jan 2025 00:00:00 +0000 Specific Considerations in the Interpretation of Contracts https://webbut.unitbv.ro/index.php/Series_VII/article/view/8851 The interpretation of contracts represents a core aspect of private law, impacting how contractual obligations are understood and enforced. This paper examines the interpretation of contracts within the framework of Romanian law, as outlined in the Romanian Civil Code. A comparative analysis is provided, contrasting Romanian principles with European Union law and the Anglo-Saxon approach, particularly as seen in the legal systems of the United Kingdom and the United States. This will help elucidate both the similarities and differences in contractual interpretation across these jurisdictions, with a focus on the legal terminology and doctrines that underpin these systems. Codrut-Nicolae Savu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8851 Wed, 22 Jan 2025 00:00:00 +0000 Trends regarding Legal Profession Advertising https://webbut.unitbv.ro/index.php/Series_VII/article/view/8853 Legal advertising is the advertisement of legal services provided by a lawyer or a law firm to attract potential clients. The promotion and advertisement of legal services has undergone significant transformation in recent years. The transition from the prohibition of such advertising to the current acceptance and utilization of online platforms has not been without challenges. The rapid pace of this shift raises critical questions regarding the extent to which this abrupt change impacts the fundamental and long-established principles governing the legal profession. Elena-Cristina Savu Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8853 Wed, 22 Jan 2025 00:00:00 +0000 Preliminary Projects of the Constitution of Romania since 1923 https://webbut.unitbv.ro/index.php/Series_VII/article/view/8808 In the evolution of Romanian law, the essence of legislative norms was the protection of agricultural land as a social asset and not as a private right. Starting with the Constitution of the United Romanian Principalities of June 30, 1866 and until the entry into force of the Romanian Constitution of 1923, the right to private property was regulated according to legislative norms adapted to political ideologies, in relation to the historical stages of the Romanian state, corresponding to the needs of the Romanian people to own agricultural lands in private ownership, from the exploitation of which they can ensure their daily existence. Elena-Claudia Andronache Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8808 Wed, 22 Jan 2025 00:00:00 +0000 Constitutional and Criminal Procedural Aspects of the Preliminary Chamber https://webbut.unitbv.ro/index.php/Series_VII/article/view/8809 This paper aims to analyze a series of implications arising from the preliminary chamber judge’s failure to comply with procedural criminal law provisions regarding the legal or reasonable timeframe for resolving exceptions concerning the legality and fairness of evidence administration in the Romanian criminal process, as well as the return of cases to prosecutors for the resumption of criminal investigations, based on an unjustified interference of the preliminary chamber judges in the constitutional duties of the prosecutors. S.G. Barbu, A.P. Constantin Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8809 Wed, 22 Jan 2025 00:00:00 +0000 Migration and Asylum: Policy Overview. Divergence among EU Member States https://webbut.unitbv.ro/index.php/Series_VII/article/view/8810 EU member states’ migration and asylum policies are influenced by a complex interplay of national interests, historical contexts, and societal attitudes, leading to divergence. Despite the EU’s goal of a unified migration approach, there are still considerable obstacles that require ongoing discussions and collaboration between member states for the fair and compassionate treatment of migrants and asylum seekers. The significance of migration and asylum policies in the EU will be explored in the paper. The analysis will examine also the EU’s migration and asylum laws, including the Common European Asylum System, and underline the position of some Member States. Ana-Maria Bolborici Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8810 Wed, 22 Jan 2025 00:00:00 +0000 Challenges of Automated Decisions: Brief Report on Hungarian Experiences https://webbut.unitbv.ro/index.php/Series_VII/article/view/8811 Automated decision-making plays a central role in shaping future public services. This paper examines judicial practices at the Administrative Tribunal of Szeged, highlighting challenges in cases involving automated decisions, including limited transparency and barriers to legal recourse. In Hungary, automated systems often function as ‘black boxes’, complicating the appeal process for affected individuals and limiting judicial oversight. This lack of transparency raises significant concerns about the fairness and legality of such decisions, pointing to the need for a robust regulatory framework. Erzsebet Csatlos Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8811 Wed, 22 Jan 2025 00:00:00 +0000 Managing Legal Migration in the EU: Shortcomings and Challenges https://webbut.unitbv.ro/index.php/Series_VII/article/view/8812 My paper provides a review of the various EU legal schemes and initiatives that facilitate legal migration in the EU, their achievements, and shortcomings in their implementation, while investigating concerns, issues, and policies related to the rights and protection of migrants. The European Union’s migration policy is complex and encompasses multiple aspects, aiming to manage legal migration, combat illegal migration, ensure and create functional mechanisms to guarantee and protect asylum seekers, and promote the integration of migrants into host countries. These UE schemes have revealed shortcomings caused by complicated bureaucratic procedures, limited mobility between states, abuses and exploitation. Doina Popescu Ljungholm Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8812 Wed, 22 Jan 2025 00:00:00 +0000 The definition of environmental monitoring. A Legislative Approach. Part I https://webbut.unitbv.ro/index.php/Series_VII/article/view/8813 Environmental monitoring, together with environmental assessment, and inspection, is one of the most used methods in environmental protection, in terms of pollution prevention and the subsequent evaluation of the effects of the actions taken. Environmental monitoring actions can be carried out by entities whose activities have a potential impact on the environment, as well as by state institutions with duties and responsibilities in this regard. The first part of this study aims to highlight the gaps in the definition of environmental monitoring, both from a legislative perspective and from the perspective of its delimitation from environmental review, analysis, or inspection. C.M. Salca-Rotaru, C. Draghici Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8813 Wed, 22 Jan 2025 00:00:00 +0000 Specific Issues of the Administrative Judicial Review: Right Protection Tools against Local Self-Government’s Regulation https://webbut.unitbv.ro/index.php/Series_VII/article/view/8814 Local self-government regulation may affect the rights and legitimate interests of municipal citizens. This is particularly true for local self-government decrees, though normative decisions may also include provisions impacting the rights and legitimate interests of affected individuals. However, judicial review and effective legal remedy tools and procedures should be accessible when a local decree or normative decision is unlawful. Research based on the data of the Curia (Hungarian Supreme Court), analysis confirmed, that only indirect ways are available to citizens, and there is no effective, direct remedy against unlawful local regulation. Judit Siket Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8814 Wed, 22 Jan 2025 00:00:00 +0000 The Neutrality of the Romanian Head of State https://webbut.unitbv.ro/index.php/Series_VII/article/view/8815 The Constitution of Romania, republished, expressly enshrines, in art. 1 para (4), the principle of separation and balance of powers in the state. The possibility of respecting this principle is outlined by constitutional provisions relating to public authorities, their powers, as well as the relationships between them. In the 1991 constitutional configuration, maintained even after the 2003 revision, the President of Romania was placed in the sphere of executive power, the constitutional functions recognized to him being placed between the other authorities, especially between the Parliament of Romania and the Government, ensuring the balance between them being one of his missions. Analyzing, through specific methods of interpretation and research: logical, systematic, respectively comparative, in this article we aim to show that, by virtue of its constitutional role, as well as in order to exercise it responsibly, neutrality is one of the essential conditions that it must respect. Oana Saramet Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8815 Wed, 22 Jan 2025 00:00:00 +0000 Cyber Threats in the European Space. Security Measures at the Level of the European Union https://webbut.unitbv.ro/index.php/Series_VII/article/view/8816 Cybercrime is taking on new global dimensions, with more and more criminals turning to technological services and tools both to plan and to commit crimes. Electronic evidence is becoming vital to crime fighting, both in tracking and convicting criminals. Such digital data that is used for the investigation and prosecution of crimes can be used to identify a person or to obtain more information about his activities. In light of the fact that evidence of any crime is increasingly stored in electronic form, there is a need to protect society and individuals against crime not only offline, but also online, including through effective investigations and prosecutions. Carmina Tolbaru Copyright (c) 2024 Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law https://creativecommons.org/licenses/by/4.0/ https://webbut.unitbv.ro/index.php/Series_VII/article/view/8816 Wed, 22 Jan 2025 00:00:00 +0000