Perspectives of Law and Public Administration

5-30

Authors: Assistant professor Mejd Aures BENLALA

Today’s financial and banking systems are built on fractional reserve banking. This article sheds light on the role of commercial banks with regards to money creation/production under this system of fractional reserve banking. After exploring the nature of the process of money creation/production, the research paper diligently scrutinizes this process through the lenses of legal and religious moral precepts and ethic. The article concludes, with solid supporting arguments, that money creation/production under fractional reserve banking is immoral, ethically wrong and harmful at both individual and societal levels, with numerous legal and religious violations at its core.

36-40

Authors: Assistant professor Alexandru Cristian ROȘU

From the ancient oratories and politicians of ancient Athenian democracy, it has been said that "there can be no greater misfortune for free people than the loss of freedom of speech"2 (Demosthenes), and in this context, this fundamental right has always been related to nature. human rights, the development of society, including the possibility of human beings to live in a state governed by the rule of law where human rights are protected and guaranteed, or as stated in the jurisprudence of the European Court of Human Rights, freedom of expression is one of the basic conditions for the progress of society and for the development of every human being

50-56

Authors: Lecturer Nela MANOLE

Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by creating legal relations and otherwise ignoring the normative character and the regulatory function that criminal law has in disciplining social conduct , reach the thesis according to which there is also a criminal legal relationship of compliance , this being an expression, a form of dynamic manifestation of the social defense relations that emanated from the norm of criminal law since its entry into force. The defense of social values is achieved mainly through criminal legal means (criminal law), through extra-legal means of educational, social, cultural, economic, as well as through extra-criminal legal norms of commercial law, administrative law, labor law, of constitutional law etc. Criminal law is rightly considered the result of a dialectical process and not of an ideal creative process2 . The two sides of criminal policy, namely special preventive action and repressive reaction, are achieved through criminal law mainly, which by its rules provides both the conduct to be followed by the recipients of criminal law and the necessary reaction against crime to restore order right. As such, the criminal law order is achieved by observing the provisions of the criminal law, the criminal coercion intervening only in the case of committing certain crimes. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment.

65-73

Authors: Lecturer Ramona DUMINICĂ

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.

82-85

Authors: Lecturer Paul-Iulian NEDELCU

Immanuel Kant, after formulating the inaugural dissertation - "De mundi sensibilis atque intelligibilis forma et principiis" - of the philosophy course from 1770, is no longer tributary to others, he is no longer either a rationalist or an empiricist, but surpasses both, reaching the pinnacle of a synthetic concepts that are only his. He promotes a dualistic conception and believes that there is a phenomenal world and a purely intelligible (noumenal) world. The latter is unknowable to the human intellect, which can only know the phenomenon. In this world, man can rise through morality, whose key concept is the concept of freedom. To define the concept of law, Kant first makes the distinction between what belongs to morality and what belongs to law; the distinction between what relates to exteriority and what is an internal principle that can also extend to exteriority, but never the other way around. In these conditions, law only acts on the external acts of people, those of human interiority are carried by moral acts, which are superior to the previous ones. Freedom, as seen by Kant, is based on moral acts, even if law is based on reason, it cannot extend its scope to purely internal acts, as they remain outside legal regulations. For an action to be what is called legal, it is enough that it conforms to the law, whatever its motive; but in order for it to be moral, it must, apart from this, have as its motive the idea of duty that the law prescribes

99-110

Authors: Associate professor Angelica ROȘU

This article aims to analyze the limits of the judgment of the admissibility in principle of the extraordinary appeal of the revision of a criminal sentence and the delimitation of the judgment of the merits of such an appeal; we will emphasize, despite some jurisprudential interpretations, that between these two stages there is a link of interdependence, in the sense that the court cannot re-judge the merits of the case in the absence of a solution to admit in principle the review request, but it cannot also reject as inadmissible basically an application for review, with arguments that prejudge the merits of this application, much less the merits of the case. Another interpretation inevitably leads to the violation of a fundamental right, that of the right of access to the court.

124-129

Authors: PhD. student Florin CAZACU

Before talking about the structure of the public administration in Romania, we must consider the social and political environment of our country. Romania is a country with a democratic regime and it has been so for the last 30 years, but which has been under the umbrella of communism for several decades. Communism meant a centralized, closed administrative and economic system.

143-145

Authors: Lecturer Adriana MOȚATU Professor Ileana CONSTANTINESCU

The article refers to certain changes that need to be made to the paragraphs (5) - (9) regarding article 5 of the Decree - Law no. 118/1990 on granting rights to persons persecuted for political reasons by the dictatorship established starting with 6 March 1945, as well as to those deported abroad or constituted as prisoners, as republished in the Official Gazette, Part I no. 1208 of December 10, 2020, with subsequent amendments.