INVITATION TO READ. REVIEW

The paper "The Influence of International Law on Contemporary Geopolitics", developed by Dr. Chiţu Alexandru-Cristinel is the result of documentary and research efforts carried out by the author during the internship of the doctoral thesis with the same title in the field "Law" in 2019. Publication of the doctoral thesis at the "Top Form" publishing house proves the author's intention to provide society with more information on the relationship between international law and contemporary geopolitics. The paper has a complex, interdisciplinary character, bringing together elements of international law, economic law, political science and geopolitics, being based on extensive documentation.

CHILDREN'S ALLOWANCE - SOCIAL SECURITY RIGHT

The present study aims to highlight the importance of the constitutional right of the state allowance for children, as a form of protection of all children, without discrimination. The author reviews the beneficiaries of this right, the amount of the right, as well as the documents necessary to obtain the state allowance for children, emphasizing a series of proposals de lege ferenda that would lead to a correct interpretation of existing legislation and impose an applicability of law in the best interests of the child.

COMMENTS ON THE OFFENCE OF KILLING OR INJURING A NEWBORN CHILD BY A MOTHER

The paper examines the problem of in vitro fertilization of the female egg and the male sperm, after which the resulting substance is inseminated into the body of the wife or of a mother engaged for this purpose, and also raises theoretical and practical problems, especially when the couple has not otherwise succeeded in giving birth to a child.

PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT'S RIGHT OF DEFENCE

The purpose of this paper is to analyze the limits within which the judge of the pre-trial chamber may order the restitution of the case to the prosecutor, starting from a concrete deed that was the subject of case file no. 5609/245/2018 / a1 pending before the Iaşi District Court and the Iaşi County. In this case, the Pre-Trial Chamber judge considered that the suspect was not given the necessary time to prepare his defense as he was heard as defendant on the same day when he was also heard as a suspect, although when he was heard as a suspect he requested a break for the preparation of the defense, the report on the termination of the criminal prosecution was drawn up on the same day when he was heard, and his request for a forensic examination in question was rejected by the prosecutor, without the court waiting for the submission of the objectives of the expertise. For these reasons, the pre-trial chamber judge considered that it is necessary to find the nullity of all criminal proceedings subsequent to the date and time when the suspect was heard, as he was deprived of the possibility to enforce his defense during the criminal proceedings, a procedural stage that has been completed.

ABOUT REAL INEQUALITIES IN THE EXERCISE OF PARENTAL RIGHTS AND DUTIES TOWARDS THE CHILD

In judicial practice, the issue of real inequality between parents in terms of the exercise of their rights and duties over the child has been raised, causing much discussion in this regard. In this context, we show in this article that the principle of equality does not prohibit certain specific rules. Therefore, we stress that real inequality results from these specific rules, and to the extent that equality is not natural, imposing it would be tantamount to discrimination. Moreover, we point out that in judicial practice it has been decided that respect for the principle of equality of rights does not mean that the legal rule reflects the full uniformity of social situations, but that, on the contrary, the diversity of social situations can be proportionately adjusted to bring them to a common denominator.

REVIEW - EUROPEAN PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL RELATIONS

The reviewed book does not analyze all the provisions of European Private International Law, but only the relations between professionals in different fields and, tangentially, the relations of professionals with other categories of law subjects. This combination between aspects of international trade and the rules of European Private International Law is unique and very welcomed in the domestic legal landscape, especially since Carmen Tamara Ungureanu opts for issues that a lawyer faces daily, issues of current interest, particularly in the context of technological development and the European Union's choice and ambition to become a world leader in the digital economy.

ONCE MORE, ON POLITICIZING CIVIL SERVICE IN ROMANIA AND EUROPE

Obviously, the most recent tumultuous changes in the Romanian legislative area regarding the public administration or civil servants inevitably led to discussions as well as queries regarding the real / authentic reform of the administration, how deep the political interferences in the current administration have become, or to what extend the appointments in civil service are based on the value and professionalism of the nominated ones. The article herein aims to debate upon the way the status of the prefect has evolved over time in Romania, but also in other European countries, but also to what extent the political environment has brought a positive or negative influence. Moreover, we consider that it is necessary to analyze all these aspects having regard to the amendment of the Administrative Code by the Emergency Ordinance no. 4/2021.

THE LAW APPLICABLE TO DIVORCE ACCORDING TO THE PROVISIONS OF THE ROMANIAN CIVIL CODE

The article aims to study the provisions concerning the law applicable to divorce according to art. 2597 and art 2600 of the Romanian Civil Code (2011e, 2011f). The article aims to answer the following questions: 1. What is the law applicable to divorce by choice of law agreement? 2. What is the law applicable to divorce in the absence of a choice of law agreement? 3. What does recognition of divorce by unilateral termination entail? 4. What is the scope of divorce law?

RESTRAINING ORDER IN THE ROMANIAN LEGISLATION AND PRACTICE

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.

MINORITY. THE MINOR-VICTIM AND THE MINOR-OFFENDER

Research literature notes differently the time of the minority as compared to the time when the minor gives its assumed consent for sexual intercourse, in the latter case, the age in some jurisdictions being of 16 years old.( Taylor, Quayle,( 2003), : 3). At the international level, there was also the intention to change the biological age with the age that the minor seems to have, but the difficulties deriving from establishing an age that the minor has only apparently determined the maintenance of the chronological age as a criterion for establishing the minority, and implicitly, the existence of the crime. Particular attention is paid to adolescents, who are minors between the ages of 13 and 17. According to the UN Convention on the Rights of the Child (S.1), “child means any human being under the age of 18 (…).” However, the UN Convention leaves the states to determine alone the age of majority, which may be below or above the limit set by the Convention. That is why we find different ages worldwide for determining adulthood. In common language, the concepts of "pornography" and "obscenity" are substantially equal. However, pornography involving minors does not necessarily mean obscene behaviour, it can represent explicit, lewd or suggestive sexual behaviour Starting from the definition of the minor in the UN Convention on the Rights of the Child, we go beyond the multiple discussions in the research literature on the minority, the term "minor" being considered too imprecise, impliying both the criminal and civil minority. Criminologically speaking, the necessary distinction is made between child - adolescent - adult - elderly. So, both the child and adolescent are subsumed to the concept of minor. We also note that the minority can be a characteristic of the victim, but also of the offender.