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STRENGTHENING THE STARTUP ECOSYSTEM TO DEVELOP AN INNOVATIVE ECONOMY IN GEORGIA
Irina BENIA; Tamara SAJAIADecember 2023Startups provide an opportunity to create a product that society needs. Innovation requires ideas based on everyday life. The development of innovation requires conditions that are usually combined into a startup ecosystem, an environment in which seemingly simple ideas are transformed into innovative startups, and then transformed into a business. Startups are realized ideas created with the goal of producing products that consumers need. Risky ideas, if successful, can become businesses that generate significant income. Each of us knows startups such as Facebook, Amazon, Apple, Netflix, Google very well. Founders, now already angel investors, once took the risk to create them, now they are successful ideas that turned into giants. -
JUSTICE AND ECONOMIC ACTIVITY
The countries that have achieved the greatest material prosperity are those that have enjoyed freedom of initiative, freedom of association, freedom of labor, and freedom to use and trade acquired property. Economic freedom is an inseparable part of individual freedom, together with political freedom and civil liberty. It is true that the free initiative of individuals is the first key to progress, but institutions cannot be absent. Institutions are important because we need rules to regulate, for the benefit of all, the activity of individuals and companies, and an authority to enforce them. -
THE NEED TO INTEGRATE ETHICAL VALUES IN THE PROFESSIONAL ACTIVITY OF THE MAGISTRATE
Florina MITROFANDecember 2023In a democratic society, it is essential that the courts, in exercising their jurisdictional powers, enjoy independence. One of the guarantees of the rule of law is the independence of judges and of the judiciary as a whole. For the proper functioning of a society governed by the rule of law, cases must be decided independently of any influence. -
ETHICS, TECHNOLOGY AND RIGHTS: CHALLENGES TO JUSTICIABILITY IN THE DIGITAL ENVIRONMENT
Ruben Miranda GONCALVESDecember 2023Ethics, artificial intelligence and human rights are undoubtedly three interconnected concepts that present challenges in today's times. Through artificial intelligence, the way we live and work is being transformed, but it is not far from important ethical and/or legal dilemmas. Ethics is very relevant in artificial intelligence as the technology can be used for good or bad, so it is necessary to ensure that it is used responsibly. The same goes for human rights, as they must be respected in any context, including in artificial intelligence, as it can be used to monitor people, collect data, etc., which can and do have a high impact on human rights. -
THE FULL EXERCISE OF INDIVIDUAL IMMIGRANT AUTONOMY FOR A BETTER DEFENCE OF HUMAN RIGHTS
David Enrique PEREZ GOLZALESDecember 2023This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time now, can unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being. -
THE RELATIVITY OF THE IDEA OF CONSISTENCY OF LEGAL SYSTEMS
Laura MARTIN MIRAUTDecember 2023The principles of unity, coherence and completeness represent the traditional idea of a legal system. The principle of coherence presents practical difficulties, because the criteria for resolving normative antinomies do not always offer an unambiguous solution. The problem goes deeper. These criteria, far from being inherent to legal reality, are relative and circumstantial. Its acceptance as a way of solving antinomies hides the real representation of the legal norm as the attribution of meaning to normative provisions. It also hides the real representation of the idea of the legal system as an expression of the dominant legal culture. -
TECHNOLOGY AND THE RULE OF LAW
Progress in science and technology is essential for overcoming global challenges. Legal issues arise in a variety of ways. Under constitutional law, it is important to assume that the State has an obligation to promote the development of technology, but also to protect against its dangers. This obligation arises from various points of view, in particular from the State's obligation to protect the values enshrined in fundamental rights and also to ensure the development of society. This a particular concern of the principle of the social State or, in some constitutions, the idea of fundamental social rights. However, the principle of the rule of law and its individual elements are also essential for the legal assessment of technology. The aspects of the certainty of the law are of great relevance, as is the requirement that important technological decisions are not made by the administration, but only by the legislator, and also that detailed questions are decided by the administration, but on the basis of certain authorizations by parliament or, in some systems, on the basis of the autonomous normative power of the executive. Prognosis decisions are also important, as the development of technological facilities is dynamic and not all future effects can be foreseen in the present. -
COMPUTER PROGRAMS AND THEIR LEGAL PROTECTION FROM THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW
Magdalena Silvia ILIEJuly 2023The protection granted to computer programs by copyright has been the subject of numerous studies and cases both domestically as well as internationally. Regardless of their literary or scientific nature, it is certain that, according to Directive no. 91/250/CEE and Law no. 8/1996, computer programs are "works" and, by way of consequence, to the extent that the internal and international regulations intended expressis verbis for their protection do not provide, the norms devoted to works, in general, are incidental. As a result, the author of the computer program benefits (appropriately) from the moral and patrimonial rights. -
UNIONS AND CIVIL PARTNERSHIPS BETWEEN PERSONS OF THE SAME SEX. LEGAL EFFECTS IN EUROPEAN CONSENSUALISM
Maria-Andreea STANJuly 2023The evolution of society is unpredictable, largely influenced by the sociopolitical-economic factor. Thus, the development of a legislative framework for the new social relations has an imperative character, justified by the need to establish certain rights and obligations towards the beneficiaries and the rest of society. The purpose of this article is to highlight some existing situations in the legal reality, situations that do not benefit from a homogeneous legal regulation within the member states of the European Union, which derives in the form of social and legal conflicts. Through the ideas to be evoked, we will outline the normative differences between the states in the union space, regarding the fundamental right of each person to marry and found a family, viewed through the spectrum of diversity. -
RETHINKING THE PRIVILEGE AGAINST SELF-INCRIMINATION
The General Regulation on personal data protection, adopted on 27 April 2016, is the act by wich the reform on data protection in the European Union has been completeed. The processing of personal data is governed by a set of principles, the first of the principles regulated by the GDPR is the principle of lawfulness, fairness and transparency in processing of personal data. In accordance with this principle, personal data can be processed only on the basis of one of the 6 elements provided by the GDPR, the controllers must act in accordance with the will of the personal data subject, who must be informed of the way in which his or her data is processed. -
PUBLIC DECISIONS IN CRISIS SITUATIONS
Sorina IONESCUJuly 2023The global crisis generated by Covid 19 has helped to understand that, in these times full of unpredictability, public decisions must become effective and responsible. But, even though the public authorities faced this global crisis, the current situation generated by the new war generated an important wave of instability. -
NATIONAL AND EUROPEAN JUDICIAL PRACTICE REGARDING THE CONCESSION AND SUPERFICIES AGREEMENTS, AS TOOLS FOR THE EXPLOITATION OF LANDS PRIVATELY OWNED BY THE STATE AND ADMINISTRATIVE-TERRITORIAL UNITS
Raluca CHELARUJuly 2023As stated in the first part of this study (“National and comparative law regarding the concession and superficies agreements, as tools for the exploitation of lands privately owned by the State and administrative-territorial units”), often, local public authorities call for the establishment of superficies in favour of investors interested in building on the lands that are privately owned by administrative and territorial units. While such a possibility is not expressly forbidden by the legislation, the Romanian Administrative Code seems to limit the ways of exercising the right of private property of the State/administrative and territorial units. Thus, the most appropriate institution would seem to be that of the concession, which involves following the same arduous procedure as in the case of the public property of the State. Doctrinal and jurisprudential opinions are divided, but recent decisions of the Constitutional Court, but also of the Court of Justice of the European Union are a reference in the field and must be taken into account in practice, alongside with TFUE and European directives provisions. -
A CRACK IN THE DEFENSE OF PUBLIC OWNERSHIP OF FOREST LAND
Andrei SOAREJuly 2023This article does not aim to highlight the importance of forests for mankind but, starting from this axiom, presents some of the shortcomings encountered in practice regarding the legal protection of publicly owned forests, while offering some remedies. -
THE REGULATIONS ON THE ACADEMIC ETHICS AND DEONTOLOGY. A PLUS OR A SURPLUS BROUGHT BY THE NEW HIGHER EDUCATION LAW?
Andreea TABACUJuly 2023The new higher education law no. 199/2023 sought to regulate the issue of university ethics and deontology in a unitary manner in order to avoid recourse to the provisions of different regulations regarding members of the academic community. Unlike the previous law, which did not carefully refer to this area, understanding that it should be supplemented with the provisions of L. no. 206/ 2004 there are also some aspects that require additional clarification and interpretation to determine the applicable law, even if it seems that the legislator aimed for all aspects related to the activity carried out in higher education institutions to be regulated by this new normative act. -
THE THREE HORSEMEN OF POVERTY – A LEGAL STUDY ON PERSONAL INSOLVENCY
Bogdan RADU; Filip STĂNCULESCUJuly 2023The article is concerned with the legislation and regulation of social awareness processes on the effects of certain types of services or products that can impact people's lives when they are not used in a responsible way causing them to go bankrupt. The authors address from a socio-legal perspective the issues of smoking, gambling and debt in a way that has relevance to personal insolvency procedures. The article concludes that the state plays a fundamental role in the harmonious development of its citizens and to maintain its evolution regarding social norms in relation to current social realities. -
THE WORKING TIME AND DUE SALARY RIGHTS, DURING THE SECONDMENT PERIOD, IN THE CASE OF DRIVERS WHO CARRT OUT INTERNATIONAL ROAD TRANSPORT OR CABOTAGE, IN TERRITORY OF THE EUROPEAN UNION
Carmen Constantina NENU; Amelia Veronica GHEOCULESCUJuly 2023Mobile workers who carry out international road transport activities, benefit from specific European and national regulations, adapted to the particularities of the work performed. In the context of special occupational risks, the protective dimension of health and safety at work is reflected both in the establishment of maximum driving times, but also in the maximum working time, as well as in ensuring the appropriate remuneration, throughout the period that the work is carried out under the same conditions with workers from a member state of the European Union. These rights of mobile workers are the object of analysis of this study, determined by the intervention of the European institutions in imposing some measures in the mobility packages applicable to drivers who carry out international road transport or cabotage operations on the territory of the member states and the reaction of the national legislator in their implementation. -
GOVERNEMENTS VS. PARLIAMENTS. COMPETITION FOR LEGAL AND POLITICAL SUPREMACY. BRIEF CONSIDERATIONS
Marius VACARELUJuly 2023One of the most important debates of recent decades has been that of the relationship between parliaments and governments in relation to the power they should hold in society. The 20th century and the last few decades have been a unique situation in history, in which political rights have spread widely, irrespective of the limitations that political actors have set. In this perspective, it becomes imperative to know not only the rights established by the constitutions of national political-administrative bodies, but especially the power relationship between them, especially in the sphere of lawmaking. For too many people the political competition is more important than the strength of the law and the entire legal system. However, it is time for a re-evaluation of the political power concept, as citizens of most countries in the world are not particularly satisfied with their own governments. Hence, a need to analyse and perhaps redefine some of the characteristics of the two institutions in order to establish a new relationship between the citizen and the state in this century. Governments and parliaments must become more present in the intellectual life of citizens, and this will lead to clarifications of their power in the political sphere, but especially in the enactment of legislation. -
FROM THE PRINCIPLE OF SUPREMACY OF LAW TO THE PRINCIPLE OF SUPREMACY OF LIBERTY
Marius ANDREESCU; Andra PURAN; Ramona DUMINICĂJuly 2023Any attempt in the sphere of humanities to characterize and explain man in his individuality, but also in the social existential context, relates to the issue of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only created being whose fundamental ontological dimensions are freedom and spirit. In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation is conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological foundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people. -
RULE OF LAW, LEGAL CERTAINTY AND ECONOMIC DEVELOPMENT: FREEDOM OF ENTERPRISE IN THE SPANISH CONSTITUTION
Jorge A. RODRÍGUEZ PÉREZJuly 2023Legal certainty is one of the supreme values of the Rule of Law. Citizens have the right to know with certainty what their rights and duties are, the consequences that will be attributed to their actions or omissions, the predictability of the legal effects of his acts. The principle of legality, the masterpiece of the Rule of Law, has, above all, this purpose. Confidence in the Law is not only a requirement of freedom, but also of the efficiency and prosperity of a society. Not just in the long term, but even in the short term, the prosperity of nations is based, more than on their natural wealth, on their civility, on the respect for the rules for coexistence, the market, contracts, property and, above all, of the Law, which is what keeps all of the previous, standing. Respect for the established law, compliance with the rules, the autonomy of the institutions, the separation of powers and their functions, the intervention and control of public spending, etc., is the secret of good government. -
BEING AND NOT BEING: THE BORDERS BETWEEN NATIONALS AND STATELESS PERSONS. THE CASE OF THE BALTIC COUNTRIES
Alina Elena RÂMARUJuly 2023Not only the right to a nationality is a recognized human right, but also the statelessness supposes a lack of other rights, though without a nationality, a person has no legal protection, no right to vote, no employments and no education. More than four million of stateless persons are living all over the world and more than half million in Europe. The case of the no citizen people with alien passport or persons without a determinate nationality is a particular case of statelessness in the Baltic Countries. The status of these persons based on the national legislations has its echo and influences their foreign status in other EU countries like Spain. Although UNHCR planted on abolish the statelessness until 2024, this doesn’t seem realistic, therefore urges a more implication from all the states, new practical administrative measures or new conceptions. -
THE UNIVERSALITY OF THE RULE OF LAW – SOME CONSIDERATIONS
The rule of law is at the center of contemporary constitutionalism. It means the binding and exclusive application of law by the institutions endowed with public power. These processes, acts, omissions and also factual processes, must comply with the law. There must be no lawless spaces. Political and legislative discretion is also not free of law. The choice of means, the timing of their use and their content are genuine tasks of politics, but their use, in whatever variant, must not contradict the law. -
HISTORICAL STAGES IN THE EVOLUTION OF CONSTITUTIONALISM IN ROMANIA
Daniela IANCU9 December 2024The constitutional evolution of Romania reflects the cultural traditions, social realities, the degree of economic development and the degree of democratization. The evolution was not simple, it has a complex dimension that involves the multitude of constitutive factors of society. It is marked by normative acts with constitutional value through which, over time, social relations regarding power and fundamental human rights have been regulated. This legal materialization of the will of the rulers is directly determined by the social realities existing at a given time. In Romania, as in other European states, constitutional evolution signifies the democratization of the exercise of power, the limitation of the discretionary powers of the state, the affirmation of the principle of democracy regarding the social, political, and legal organization in the state, and the consecration of fundamental civil rights and freedoms. Constitutional development reflects political, legal, economic reality, traditions, but also international influences along with the adoption of democratic ideas affirmed at the end of the 18th century and the beginning of the 19th century. -
EXERCISE OF A RIGHT OR FULFILLMENT OF AN OBLIGATION. JUSTIFYING CAUSE
Cătălin BUCUR9 December 2024The Criminal Code, in the General Part, Title II, Chapter II, Art 21, states that “(1) the act provided for by criminal law consisting in the exercise of a right recognized by law or in the performance of an obligation imposed by law, in compliance with the conditions and limits provided by law” and that “(2) the act provided for by criminal law consisting in the performance of an obligation imposed by the competent authority, in the form provided by law, is also justified, if it is not manifestly unlawful”. -
EXTRADITION - ONE OF THE OLDEST FORMS OF INTERNATIONAL COOPERATION
Andreea CORSEI9 December 2024Extradition is a form of international cooperation in criminal justice and is based on the fact that each country accepts the decisions of courts in other countries. Each country has different views on different crimes and how they should be investigated and punished. The purpose of extradition proceedings is not to establish whether or not a person is guilty of the act on which the extradition warrant is based. This is a problem that will only be resolved after the wanted person has been brought back to the country that issued the request. The European Arrest Warrant operates on the principle of mutual recognition: judges are obliged to treat the warrant at face value without regard to the facts set out in the warrant or to require the issuing State to show that it has sufficient evidence to handle the case. EU countries also have no right to refuse to extradite their nationals under the European Arrest Warrant procedure. -
NON-PAROLE PERIODS IN SOUTH AFRICA: ANOTHER REMINDER FROM THE CONSTITUTIONAL COURT IN SITHOLE v S, 2024
Esther GUMBOH9 December 2024The early release of offenders on parole allows them to leave prison before the expiry of the sentence and serve the remainder in the community. In South Africa, the decision to grant an offender parole was traditionally the sole function of the executive. Since 2004, courts are empowered by section 276B of the Criminal Procedure Act 51 of 1977 to postpone the release of offenders on parole until they have served a determined period, known as a non-parole period. This provision is an extension of the sentencing process and potentially limits the rights of offenders to not be deprived of liberty arbitrarily and to a fair trial. Thus, non-parole periods may only be exercised in prescribed situations when exceptional circumstances exist and the parties have been given an opportunity to be heard. However, it is evident from case law that, in practice, these requirements are not always complied with by courts. In December 2024, the Constitutional Court of South Africa in Sithole v S [2024] ZACC 31 again reminded trial courts of the requirements for the imposition of non-parole periods. Sithole demonstrates that despite 20 years of established judicial precedent, the practice of non-parole periods in South Africa remains non-compliant with the legal framework. This leaves offenders at risk of unjustifiable violations of their constitutional rights and warrants legislative intervention.
ISSN print: 1583-1809
ISSN online: 2344-4908
Nr.2/2025
SCIENTIFIC BULLETIN - ECONOMIC SCIENCES
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