Papers by Mihaela Aghenitei
ENVIRONMENT CRIMINAL LAW IN EUROPEAN UNION (English version)
... Mihaela AGHENITEI () (Phd reader, Faculty of Law, Constantin Brancoveanu University from Pi... more ... Mihaela AGHENITEI () (Phd reader, Faculty of Law, Constantin Brancoveanu University from Pitesti, Romania) Luciana BOBOC () (Phd's, Faculty of Law, Constantin Brancoveanu ... For technical questions regarding this item, or to correct its listing, contact: (Morariu Irina). ...
The rule of law is a sustainable system of laws, institutions, rules and community engagement tha... more The rule of law is a sustainable system of laws, institutions, rules and community engagement that gives accountability to both government and private actors, fair laws that protect fundamental rights, open government and accessible justice. In a strong rule of law society, these four principles intersect to ensure that citizens have efficient, transparent and accountable institutions that can defend freedom, ensure public safety, including public health, and facilitate prosperity. Evidence suggests a positive correlation between the rule of law and public healthcountries with a better rule of law enjoy lower maternal and infant mortality rates, longer life expectancy and a lower incidence of chronic diseases. The rule of law fosters trust in institutions and supports a social contract between citizens, both of which are essential for resolving a public health crisis such as the COVID-19 pandemic in which a collective approach is the only way to keep and control the disease.
Articles 7 and 8 of the Charter of Fundamental Rights of the European Union state that respect fo... more Articles 7 and 8 of the Charter of Fundamental Rights of the European Union state that respect for private life and the protection of personal data are closely related but are considered separate fundamental rights. The Charter is incorporated in the Treaty of Lisbon, and therefore has binding legal force for all European Union institutions and bodies, as well as all Member States when they implement European Union legislation. Objective: The right to privacy to be reflected in the same way in the provisions of the GDPR. Council of Europe Convention 108 was adopted for the protection of individuals in relation to automation. Its purpose is to establish that all persons respect their fundamental rights and freedoms, namely the right to privacy in relation to the automatic processing of their personal data.
Interoperability Through Digitalization in Romanian and European Public Administration
SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS
In the present article we aim to analyze the fact that the quality of public administration and g... more In the present article we aim to analyze the fact that the quality of public administration and governance of a country is essential for its economic performance, and also for the well-being of the citizens of that country. Effective public administrations are at the service of citizens and businesses. It is essential that public authorities can adapt to changing circumstances. The European Commission helps EU Member States undertake reforms in public administration and governance by providing technical support. Areas of intervention include central public administration, local public administration, egovernment, public procurement, better regulation, the judiciary, the fight against corruption and fraud, and better absorption of European structural and investment funds. A key element of the technical support provided by the European Commission is aimed at improving the performance of public administration. An effective, flexible, and efficient administration is a prerequisite for t...
Journal of Eastern Europe research in business & economics, Jan 17, 2023
The territory of the European Union has long been a refuge for people fleeing war and trying to f... more The territory of the European Union has long been a refuge for people fleeing war and trying to find a suitable place to raise their children. The European Union has proposed to ensure the protection of vulnerable people. Children represent the most vulnerable category and that is why a legislative framework was created to ensure their effective protection. The member states of the European Union have the obligation
Proceedings of The 14th International Conference on Humanities, Psychology and Social Sciences, Jul 29, 2022
Articles 7 and 8 of the Charter of Fundamental Rights of the European Union state that respect fo... more Articles 7 and 8 of the Charter of Fundamental Rights of the European Union state that respect for private life and the protection of personal data are closely related but are considered separate fundamental rights. The Charter is incorporated in the Treaty of Lisbon, and therefore has binding legal force for all European Union institutions and bodies, as well as all Member States when they implement European Union legislation. Objective: The right to privacy to be reflected in the same way in the provisions of the GDPR. Council of Europe Convention 108 was adopted for the protection of individuals in relation to automation. Its purpose is to establish that all persons respect their fundamental rights and freedoms, namely the right to privacy in relation to the automatic processing of their personal data.
Environment Criminal Law in European Union
Jurnalul de studii juridice, 2011
Dinamica dreptului românesc în continuitatea prevederilorlegii penale
The Environment Through Criminal Law in European Union
Journal of Eastern Europe research in business & economics, Jan 17, 2023
The territory of the European Union has long been a refuge for people fleeing war and trying to f... more The territory of the European Union has long been a refuge for people fleeing war and trying to find a suitable place to raise their children. The European Union has proposed to ensure the protection of vulnerable people. Children represent the most vulnerable category and that is why a legislative framework was created to ensure their effective protection. The member states of the European Union have the obligation
International Journal of Legal and Social Order
Crime has risen dramatically in recent decades and its costs have followed. States are spending e... more Crime has risen dramatically in recent decades and its costs have followed. States are spending ever-increasing amounts on health and property, as well as on police, investigative procedures, courts, and prisons. According to a recent observation, crime control absorbs a considerable percentage of the gross national product (GNP) in developed countries and much higher in less developed countries. However, these expenditures have had relatively little impact on the crime rate and the rehabilitation of criminals, with the relatively high number of recidivists increasing exponentially. As crime resists efforts to combat it, the interest of legal experts has gradually shifted to innovative methods of prevention rather than punishment. Several studies have shown that crime prevention can significantly reduce the number of crimes, as well as reduce their costs.
Agora International Journal of Juridical Sciences, 2013
The confiscation of proceeds of crime has long been seen within the European Unionand beyond as a... more The confiscation of proceeds of crime has long been seen within the European Unionand beyond as an important tool in the armory of weapons to fight organized crime. Therationale for focusing on the confiscation of criminal proceeds is at least two- fold. First itaddresses concerns that enormous criminal wealth, generated most notably by various formsof trafficking offences, risks destabilizing financial systems and corrupting. As such theconfiscation of criminal assets seeks ultimately to reduce and prevent crime by making knownthat criminals will not be allowed to legitimate society. Second it attempts to undermine the“raison d'être” behind most organized crime activity, namely the maximization of profit byillicit means. As such the confiscation of criminal assets seeks ultimately to reduce andprevent crime by making known that criminals will not be allowed to enjoy their illicit wealth.By the same token, focusing on confiscation of criminal wealth can send an importantmessage ...
Journal of Law and Administrative Sciences
Comparative & Global Administrative Law eJournal, 2015
The Journal is edited by the Centre for Studies and Legal and Socio-Administrative Research (CSCJ... more The Journal is edited by the Centre for Studies and Legal and Socio-Administrative Research (CSCJSA) within the "Petroleum Gas" University of Ploiestit through the Publishing House Petroleum and Gas University of Ploiesti and comprises articles, studies and reviews in the legal and socio-administrative domains. A significant part of the articles published focuses on European issues. The Journal appears in on-line format. The articles are published in the English language.
The current system of international criminal law works through international ad hoc tribunals, in... more The current system of international criminal law works through international ad hoc tribunals, internationalized or mixed tribunals, the International Criminal Court as well as national courts (military tribunals and ordinary courts). One of the legal consequences of framing an act as an international crime is that it may give rise to what is called universal jurisdiction, which allows any state to try alleged perpetrators, even in the absence of any link between the accused and the state exercising jurisdiction. The principle that individuals are and can be held criminally accountable for violations of the laws of war dates back to many years. However, it was only after World War II and the Nuremberg and Tokyo trials, set up to judge those German and Japanese military leaders accuzed of serious crimes during the war, that the idea of individual criminal responsibility for serious breaches of international law gained ground. International criminal law is a subset of public internati...
Challenges of the Knowledge Society, 2012
Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for internati... more Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its preparators. In regard to the defendant's rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.
Universal Jurisdiction and the Principle of Ne Bis in Idem
Challenges of the Knowledge Society, 2011
The Victim outside the Trial: Illegal Immigration and the Residence Permit
Contemporary Readings in Law and Social Justice, 2012
ABSTRACT. The European Council Directive 2004/81/EC concerning residence permit issued to Non-Eur... more ABSTRACT. The European Council Directive 2004/81/EC concerning residence permit issued to Non-European Union Member Country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration and who cooperate with the competent authorities. The Council of Europe Convention on action against trafficking in Human Beings (Warsaw 2005), so-called the Convention of the Council of Europe on the slave trade, outlines the rules on the identification of victim, which represent one of the first step. The trafficked person must be ensured protection of her private life both in order to guarantee her safety and to help her be reintegrated into her country of origin or host country. The Special Italian Program for Social Assistance and Protection on the subject of immigration (Law no. 286 of 1998) represents for Italy a true source of pride, because offers a highly valid means for guaranteeing that the victims of the slave trade a...
Technical expertise is a research, interpretation and elucidation of situations actually using sc... more Technical expertise is a research, interpretation and elucidation of situations actually using scientific data. Starting with a brief history of the sample with technical expertise, this paper details the role of information and scientific capacity of technical expert / specialist in explaining and arguing circumstances which have led to a state of affairs which belongs to civil or criminal. The author highlights the multitude of problems whose nature is beyond the concern of a science, expertise gained interdisciplinary - called complex expertise examination.
Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for internati... more Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.
The Fight Against Tax Fraud and Tax Evasion
Collecting taxes and fighting against tax fraud and tax evasion are competences of EU Member Stat... more Collecting taxes and fighting against tax fraud and tax evasion are competences of EU Member States. In a globalised world, with globalised actors, Member States would often need more global means to collect taxes due. The European Union provides a framework and offers instruments to handle cross-border tax issues including potential tax evasion. On 2 March 2012, the European Council called on the Council and the Commission to rapidly develop concrete ways to improve the fight against tax fraud and tax evasion, including in relation to third countries and to report by June 2012. In April the European Parliament adopted a resolution echoing the urgent need for action in this area.
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Papers by Mihaela Aghenitei