andrada nour | Universitatea Hyperion (original) (raw)
Papers by andrada nour
Conferința Internațională de Drept, Studii Europene și Relații Internaționale, 2013
Conferința Internațională de Drept, Studii Europene și Relații Internaționale, 2014
Perspectives of Law and Public Administration, 2019
Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested n... more Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested negatively in both domestically and internationally. Thus, mainly internally, corruption generates distrust in the institutions of the state and the administration of justice, affects economic progress and good governance, and externally, alter the credibility and image of the state. Corruption can know in practice a variety of forms, traffic of influence being one of the most representative expressions of corruption. Since traffic of influence falls in the category of the crimes with a very high degree of social danger, it has been incriminated in international and community legal documents of reference for combating corruption. In our country, it tries to combat this crime by regulations aimed at a variety of concrete forms of expression, regulation which are the subject of our study.
The European Journal of Economics, Law and Politics, 2020
The research represents an analytical and conceptual approach to a complex issue, namely national... more The research represents an analytical and conceptual approach to a complex issue, namely national sovereignty in context of globalization, a very topical problem in contemporary world. The informational material collected, studied and used is part of scientific works closely related to the issue addressed, being subsequently interpreted to argue the opinions expressed. The research methods used in this paper are: the documentation method, the comparative method, the analytical method, the logical method, the applied method. This paper captures the interaction between indivisible national sovereignty and the doctrine of divided sovereignty, the latter being seen as a possible solution to the negative effects of globalization. In the context of the globalization process, there is a tendency to consider the sovereignty of states as an obstacle to economic progress. Globalization implies the intensification of interdependence relations between states, which contradicts the principle of sovereignty. Thus, a conflict arises between the institution of sovereignty and the process of globalization, a conflict that can be resolved only by a divided sovereignty, respectively by creating supranational structures in which states jointly exercise certain responsibilities and carry out projects based on international cooperation. If until recently the issue of divided sovereignty was indisputable and unacceptable, in the current conditions of the globalization process that characterizes international relations, the situation has changed significantly, as it is imperative to adapt notions and concepts to new configurations. According to the author, European integration has sought to create a strong regional structure capable of protecting national identity and the classical notion of a sovereign state in the context of the process of globalization on a global scale.
Scholars International Journal of Law, Crime and Justice, 2020
Adult's violence manifested against children is an extremely common phenomenon and with dramatic ... more Adult's violence manifested against children is an extremely common phenomenon and with dramatic consequences on the latter. Therefore, at the international level, an attempt has been made to prohibit the manifestation of any form of violence against children. In our scientific approach, we set out in particular to examine the extent to which internationally adopted documents succeed in preventing violence against children and in providing them with the necessary protection against such manifestations.
Scholars International Journal of Law, Crime and Justice, 2020
For the correct application of any legal norm, it is necessary to clarify all the elements suscep... more For the correct application of any legal norm, it is necessary to clarify all the elements susceptible to interpretation, and when there are gaps in the law or violations of the fundamental law of a state or of the provisions of international documents to which a country is a party, the intervention of the legislator is necessary for remedying these aspects. For these reasons, in the present scientific approach we aimed to analyze some aspects of essential importance of the new formula for criminalizing the offence of blackmail, aspects that may generate difficulties both in terms of interpretation and application. Only a regulation correlated with the fundamental law of the country and with the provisions of the European Convention on Human Rights can meet the requirements necessary for the protection of the mental freedom of the person who represents the social value protected by the norm of criminalizing the offence of blackmail.
Scholars International Journal of Law, Crime and Justice, 2020
In contrast to the European situation regarding the criminalization of the offence of abuse of of... more In contrast to the European situation regarding the criminalization of the offence of abuse of office, in which many states have chosen to include in separate regulations belonging to the scope of their criminal law a series of facts that together could be classified as abuse of office, in Romania, the legislator, incriminated such illicit conduct in a single text of law, under the generic name of abuse of office. The national criminal provisions on "abuse of office", "excess of authority" and similar expressions should be related only to the exercise of public power, strictly interpreted, being possible to be invoked and applied only in that cases in which the offence is of a grave nature, such as for example serious offences against the national democratic processes and against fundamental rights, infringement of the impartiality of the public administration and so on. This kind of provisions must cover various forms of serious offences that public servants may commit and they are not easy to be incriminated in detail in advance.
Scholars International Journal of Law, Crime and Justice, 2020
The European Convention on Human Rights plays a key role in ensuring the protection of human righ... more The European Convention on Human Rights plays a key role in ensuring the protection of human rights, whereas, in accordance with the principle of subsidiarity, the guarantee of the rights enshrined in the Convention implies, on the one hand, their observance by national authorities and, on the other, the removal by each signatory State of the Convention of all negative consequences caused in the event of their violation. The provisions of the Convention and its Additional Protocols have direct applicability in domestic law, and their correct applicability and interpretation is made by reference to the jurisprudence of the European Court of Human Rights, jurisprudence having super-legislative force in the national law of the signatory states and interpreted working authority. The existing situations in practice show numerous abuses of the authorities by which the rights of the accused persons were limited, harming their interests. In the administration of the evidences in criminal proceedings, the observance of the presumption of innocence has a special role in ensuring the protection of the rights of accused persons, while contributing to reducing the risk of possible abuse. Therefore, it is necessary at the level of the judicial system to promote the observance of the presumption of innocence and, implicitly, of the right to silence and not to incriminate oneself. Keywords: the right to silence, the right not to incriminate oneself, the presumption of innocence, the European Convention on Human Rights, the European Court of Human Rights.
Scholars International Journal of Law, Crime and Justice, 2020
Although subject to some of the most important international documents is the fundamental rights ... more Although subject to some of the most important international documents is the fundamental rights and freedoms of man, however, in today's society the man has lost sense of the value and of the dignity of the person and of the sacred human life. Throughout time, man has had a varying attitude toward his own life, just as society's attitude towards its members lives had been variable. When we speak of euthanasia we are talking about human life. This way we come to ask ourselves on the value of life, its foundation and its principle. Although all European States, as well as numerous other countries worldwide have dropped the death penalty and, although it advocated for the abolition of the death penalty throughout the world, human euthanasia or medical assisted suicide is tolerated or legalized. Moreover, in the states where human euthanasia has been decriminalized "for humanitarian reasons", major protests are held against the euthanasia of animals. We live in an age of paradoxes… We live in a time when it is trying to inoculate that everything is done in order that mankind lead a life as easy ... If life has its roughness, then we cannot not ask ourselves why and for what we endure? There is a moment in which to terminate life support aimed to make it to become an act morally? How could it be described such a moment?
Scholars International Journal of Law, Crime and Justice, 2020
In order to prevent and discourage the commission of sexual offences, it is necessary to have cer... more In order to prevent and discourage the commission of sexual offences, it is necessary to have certain special mechanisms able to combat the recidivism of those who have committed such acts, but even in such conditions it cannot be justified to limit the right of a person to physical integrity. In any system of law based on democratic principles, any party to a legal relationship, including when this is a state authority, has an obligation to adopt conduct that does not harm human dignity or the rights and freedoms of the citizens. Therefore, no democratic state can be recognized the right to draft laws contrary to or affecting the right of human beings to life and to physical and mental integrity. On the contrary, it is forbidden to apply, in any form, torture, cruel or inhuman or degrading treatment or punishment, even in the case of those persons who pose a danger and threat to society. Any attack on the dignity of the human being is impossible to accept in a democratic society. In this context, the question may arise as to whether or not this measure may be mandatory ordered by the court by a final judgment of conviction, irrespective of the main penalty applied and in the conditions in which it would be perform by specially authorized medical institutions.
Perspectives of Law and Public Administration, 2020
The state or the institutions of the state operate with the participation of public servants, whi... more The state or the institutions of the state operate with the participation of public servants, which entails to the latters of a conduct worthy of the position they hold and of the authority enjoyed. In this sense, the criminal law has, on the one hand, the role of ensuring the prestige of public servants, and, on the other hand, to hold criminally liable those who are guilty of acts unworthy related to their activity. In this paper, we intend to identify categories of persons who may be held liable as active subjects of corruption crimes, according to current legislation in force in our country, and certain controversial aspects related to the subjects of these crimes. To better define the notion of public official from criminal law point of view, we have considered including the international and community legal documents of reference.
Conferința Internațională de Drept, Studii Europene și Relații Internaționale, 2013
Conferința Internațională de Drept, Studii Europene și Relații Internaționale, 2014
Perspectives of Law and Public Administration, 2019
Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested n... more Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested negatively in both domestically and internationally. Thus, mainly internally, corruption generates distrust in the institutions of the state and the administration of justice, affects economic progress and good governance, and externally, alter the credibility and image of the state. Corruption can know in practice a variety of forms, traffic of influence being one of the most representative expressions of corruption. Since traffic of influence falls in the category of the crimes with a very high degree of social danger, it has been incriminated in international and community legal documents of reference for combating corruption. In our country, it tries to combat this crime by regulations aimed at a variety of concrete forms of expression, regulation which are the subject of our study.
The European Journal of Economics, Law and Politics, 2020
The research represents an analytical and conceptual approach to a complex issue, namely national... more The research represents an analytical and conceptual approach to a complex issue, namely national sovereignty in context of globalization, a very topical problem in contemporary world. The informational material collected, studied and used is part of scientific works closely related to the issue addressed, being subsequently interpreted to argue the opinions expressed. The research methods used in this paper are: the documentation method, the comparative method, the analytical method, the logical method, the applied method. This paper captures the interaction between indivisible national sovereignty and the doctrine of divided sovereignty, the latter being seen as a possible solution to the negative effects of globalization. In the context of the globalization process, there is a tendency to consider the sovereignty of states as an obstacle to economic progress. Globalization implies the intensification of interdependence relations between states, which contradicts the principle of sovereignty. Thus, a conflict arises between the institution of sovereignty and the process of globalization, a conflict that can be resolved only by a divided sovereignty, respectively by creating supranational structures in which states jointly exercise certain responsibilities and carry out projects based on international cooperation. If until recently the issue of divided sovereignty was indisputable and unacceptable, in the current conditions of the globalization process that characterizes international relations, the situation has changed significantly, as it is imperative to adapt notions and concepts to new configurations. According to the author, European integration has sought to create a strong regional structure capable of protecting national identity and the classical notion of a sovereign state in the context of the process of globalization on a global scale.
Scholars International Journal of Law, Crime and Justice, 2020
Adult's violence manifested against children is an extremely common phenomenon and with dramatic ... more Adult's violence manifested against children is an extremely common phenomenon and with dramatic consequences on the latter. Therefore, at the international level, an attempt has been made to prohibit the manifestation of any form of violence against children. In our scientific approach, we set out in particular to examine the extent to which internationally adopted documents succeed in preventing violence against children and in providing them with the necessary protection against such manifestations.
Scholars International Journal of Law, Crime and Justice, 2020
For the correct application of any legal norm, it is necessary to clarify all the elements suscep... more For the correct application of any legal norm, it is necessary to clarify all the elements susceptible to interpretation, and when there are gaps in the law or violations of the fundamental law of a state or of the provisions of international documents to which a country is a party, the intervention of the legislator is necessary for remedying these aspects. For these reasons, in the present scientific approach we aimed to analyze some aspects of essential importance of the new formula for criminalizing the offence of blackmail, aspects that may generate difficulties both in terms of interpretation and application. Only a regulation correlated with the fundamental law of the country and with the provisions of the European Convention on Human Rights can meet the requirements necessary for the protection of the mental freedom of the person who represents the social value protected by the norm of criminalizing the offence of blackmail.
Scholars International Journal of Law, Crime and Justice, 2020
In contrast to the European situation regarding the criminalization of the offence of abuse of of... more In contrast to the European situation regarding the criminalization of the offence of abuse of office, in which many states have chosen to include in separate regulations belonging to the scope of their criminal law a series of facts that together could be classified as abuse of office, in Romania, the legislator, incriminated such illicit conduct in a single text of law, under the generic name of abuse of office. The national criminal provisions on "abuse of office", "excess of authority" and similar expressions should be related only to the exercise of public power, strictly interpreted, being possible to be invoked and applied only in that cases in which the offence is of a grave nature, such as for example serious offences against the national democratic processes and against fundamental rights, infringement of the impartiality of the public administration and so on. This kind of provisions must cover various forms of serious offences that public servants may commit and they are not easy to be incriminated in detail in advance.
Scholars International Journal of Law, Crime and Justice, 2020
The European Convention on Human Rights plays a key role in ensuring the protection of human righ... more The European Convention on Human Rights plays a key role in ensuring the protection of human rights, whereas, in accordance with the principle of subsidiarity, the guarantee of the rights enshrined in the Convention implies, on the one hand, their observance by national authorities and, on the other, the removal by each signatory State of the Convention of all negative consequences caused in the event of their violation. The provisions of the Convention and its Additional Protocols have direct applicability in domestic law, and their correct applicability and interpretation is made by reference to the jurisprudence of the European Court of Human Rights, jurisprudence having super-legislative force in the national law of the signatory states and interpreted working authority. The existing situations in practice show numerous abuses of the authorities by which the rights of the accused persons were limited, harming their interests. In the administration of the evidences in criminal proceedings, the observance of the presumption of innocence has a special role in ensuring the protection of the rights of accused persons, while contributing to reducing the risk of possible abuse. Therefore, it is necessary at the level of the judicial system to promote the observance of the presumption of innocence and, implicitly, of the right to silence and not to incriminate oneself. Keywords: the right to silence, the right not to incriminate oneself, the presumption of innocence, the European Convention on Human Rights, the European Court of Human Rights.
Scholars International Journal of Law, Crime and Justice, 2020
Although subject to some of the most important international documents is the fundamental rights ... more Although subject to some of the most important international documents is the fundamental rights and freedoms of man, however, in today's society the man has lost sense of the value and of the dignity of the person and of the sacred human life. Throughout time, man has had a varying attitude toward his own life, just as society's attitude towards its members lives had been variable. When we speak of euthanasia we are talking about human life. This way we come to ask ourselves on the value of life, its foundation and its principle. Although all European States, as well as numerous other countries worldwide have dropped the death penalty and, although it advocated for the abolition of the death penalty throughout the world, human euthanasia or medical assisted suicide is tolerated or legalized. Moreover, in the states where human euthanasia has been decriminalized "for humanitarian reasons", major protests are held against the euthanasia of animals. We live in an age of paradoxes… We live in a time when it is trying to inoculate that everything is done in order that mankind lead a life as easy ... If life has its roughness, then we cannot not ask ourselves why and for what we endure? There is a moment in which to terminate life support aimed to make it to become an act morally? How could it be described such a moment?
Scholars International Journal of Law, Crime and Justice, 2020
In order to prevent and discourage the commission of sexual offences, it is necessary to have cer... more In order to prevent and discourage the commission of sexual offences, it is necessary to have certain special mechanisms able to combat the recidivism of those who have committed such acts, but even in such conditions it cannot be justified to limit the right of a person to physical integrity. In any system of law based on democratic principles, any party to a legal relationship, including when this is a state authority, has an obligation to adopt conduct that does not harm human dignity or the rights and freedoms of the citizens. Therefore, no democratic state can be recognized the right to draft laws contrary to or affecting the right of human beings to life and to physical and mental integrity. On the contrary, it is forbidden to apply, in any form, torture, cruel or inhuman or degrading treatment or punishment, even in the case of those persons who pose a danger and threat to society. Any attack on the dignity of the human being is impossible to accept in a democratic society. In this context, the question may arise as to whether or not this measure may be mandatory ordered by the court by a final judgment of conviction, irrespective of the main penalty applied and in the conditions in which it would be perform by specially authorized medical institutions.
Perspectives of Law and Public Administration, 2020
The state or the institutions of the state operate with the participation of public servants, whi... more The state or the institutions of the state operate with the participation of public servants, which entails to the latters of a conduct worthy of the position they hold and of the authority enjoyed. In this sense, the criminal law has, on the one hand, the role of ensuring the prestige of public servants, and, on the other hand, to hold criminally liable those who are guilty of acts unworthy related to their activity. In this paper, we intend to identify categories of persons who may be held liable as active subjects of corruption crimes, according to current legislation in force in our country, and certain controversial aspects related to the subjects of these crimes. To better define the notion of public official from criminal law point of view, we have considered including the international and community legal documents of reference.