Suchergebnisse

The criminal treatment of juveniles in the European Union was regulated in earlier times and has evolved by national legislation of Member States, international treaties, documents of the Council of Europe, as well as by European Union Treaties, European Parliament Resolutions and Press Releases of the European Commission. The regulatory divergence of criminal treatment of juveniles in EU countries implies the need to elaborate certain minimum rules to prevent and to combat juvenile delinquency, oriented to education of minors and their punishment.

This article attempts to analyze how the bureaucratic principles of organizing public administration evolved from Max Weber to public administration at the beginning of the 21st century. It is mentioned that M. Weber's formulation regarding the ideal type of bureaucracy is a classic approach of public administration. Public administration practice confirms that bureaucracy is not as predictable and clear as described in M. Weber's theory of bureaucracy. Unlike the ideal model of bureaucracy developed by M. Weber, the current system of public administration is an open system and incorporates much more complex features. This fact is conditioned by a series of factors that influence the activity of the public administration including: the level of development of democracy, economic and social development, information technologies, leadership style, administrative culture, professionalization of civil servants, etc.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

Dezbaterile publice privind administraţia publică sunt de neconceput fără analiza problemelor ce vizează autoadministrarea colectivităţilor locale. Carta Europeană a Autonomiei Locale tratează colectivităţile locale ca fundamente ale democraţiilor contemporane, recunoscându-le dreptul şi capacitatea de a rezolva o parte considerabilă din problemele cu caracter local sub propria responsabilitate şi în interesul populaţiei locale. Pentru exercitarea acestui drept, fiecare stat elaborează cadrul normativ, care, sub influenţa mediului politic, social şi economic, este supus unor permanente modificări, operate pentru a da mai multă forţă sistemului de autoadministrare. Prezenta lucrare îşi propune să faciliteze cunoaşterea, înţelegerea şi însuşirea problematicii autoadministrării colectivităţilor locale. Pe planul informaţiei sunt prezentate rezultatele cercetărilor analitice, obţinute fie în cadrul unor eforturi de cercetare, fie în programe de consultanţă. Rolul acestora este de a sugera pe de o parte importanţa cunoaşterii potenţialului colectivităţilor locale, constrângerilor şi resurselor în planificarea unor măsuri asumate formal şi de o manieră sistematică. Pe de altă parte oferă soluţii practice şi sugestii privind aplicarea unor acte normative şi soluţionarea diverselor probleme generate de practicile cotidiene. Înserarea în conţinutul lucrării a problemelor de natură juridică şi teoretică urmăreşte nu doar înzestrarea cititorului cu informaţii relevante şi actuale. Acestea apar mai degrabă ca un reper pentru contemplare, pentru clarificare şi sistematizare şi mai ales pentru a le situa corect în raport cu misiunea activităţilor circumscrise administrării. Lucrarea va fi utilă celor implicaţi în procesul decizional local, funcţionarilor publici din instituţiile administraţiei publice locale, angajaţilor întreprinderilor municipale, studenţilor şi masteranzilor, tuturor celor interesaţi de problemele autoadministrării locale.

The article argues that mediation, in its essence, is a mechanism for social development, and solving problems in the public administration system through mediation contributes to organizational change and personal development of civil servants. The problem under investigation is to identify the factors that determine the final states of the social costs and benefits of the parties involved in the conflict and the methods of effective conflict management. According to the specified research problem, the conceptions about conflict are reviewed, which serve as a support for the steps taken in the analysis of the phenomenon of conflict in the public administration. The paper describes the elements of the conflict phenomenon and conflict management styles and states that the constructive approach to conflict resolution, based on active action strategy and the application of the win/win principle, is a mechanism that offers the possibility to change the current conflict situation and improve the decision-making process.

The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.

In Romania, the national provisions transposing EU Framework Decision 2008/909 / JHA
on the application of the principle of mutual recognition in the case of judgments
in criminal matters which impose punishments or custodial measures for the purpose
their execution in the European Union are found in Title VI of Law no. 302/2004, regarding the judicial cooperation
Those provisions must be interpreted in the light of the text and the purpose of the Framework Decision, according to the principle of conforming interpretation, and also taking into account the jurisprudence of the CJEU in interpreting the same Framework Decision. The article presents national case law regarding practical issues on different aspects of the application of Framework Decision 2008/909 /JHA and CJEU case law.

The treaties and the regulations of the Council of Europe offered greater protection to minors against the attacks on their lives and health. However, the effective implementation of this is carried out through national criminal laws. In the European countries, the criminal laws set certain infringements against the minor's life and health including aggravating offenses, which are committed by a certain person against minors. Some of them are similar, others, though, differ from one state to another, which consequently requires their unification to ensure a minimum of protection.

This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code "Rocco" (1930), the Romanian Criminal Code "King Carol
II" (1936) formulates a new type of criminal sanctions, explicitly designed to
address and combat the social dangerousness. Regarded as a major challenge to
the classic criminal system based on free will and guilt, the "security measures"
were formalizing new types of offenders defined as such not by their criminal
acts but by their criminal potential, redefining the scope and the goal of the
criminal prevention. Major debates in the epoch reveal the possible threats this
new type of criminal sanctions and of a criminal policy orientated towards risk
prevention, seen as closely connected with authoritarian tendencies, carried for
individual freedom and the rule of law. The legal issues discussed in the epoch prove significant for the current debates regarding the negative consequences the
preventive War on Terror have for individual freedom and the rule of law.