Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by thCursuri Universitaree Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

 Dignity is a concept that has evolved according to the moral and ethical requirements of a certain

time and space, following the shifts of life of the community which sanctions it. It has come to signify
the birth-given right of the individual to be valued by others and to be treated accordingly. Regarding
the legal aspect of dignity, it is undisputed that it is one of the fundamental rights of the human being.
It is no longer a question of whether one realizes or wastes dignity, because the law is made to protect
this value no matter what the actual situation of one is in society. As according to the Romanian
Constitution the international conventions ratified by Romania take precedence over national
legislation, the same being valid for European Treaties and other mandatory community regulations,
these international legal norms are included in the national legislation. Their legal force is equal to the
force of the Constitution. The paper analyses the legal frame for protection of dignity in Romania
through the international conventions protecting human rights that Romania has adhered to, its
Constitution, the Civil code (Law No. 287/2009) and the Criminal code (Law No. 286/2009). Case
law of the European Court of Human Rights, which enlarges the normative field by including in the
interpretation of the European Convention of Human Rights other international acts, and of the
European Court of Justice is presented. Although a very wide concept, human dignity is perceived in
connection with other human rights in a common manner in the international community. Romanian
legislation is in line with international norms, but not always correctly applied.

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Volume VIII, Issue 2, July-December 2018, posted at 18th of December 2018

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Summary

Articles (Studies, discussions, comments)

FUNDAMENTALS OF PROJECT FINANCE APPLIED TO PRIVATE PUBLIC PARTNERSHIPS IN COLOMBIA1

Mónica Liliana Ibagón

ADMINISTRATIVE ENFORCEMENT PROCEEDINGS FROM THE COMPARATIVE PERSPECTIVE OF LEGAL SYSTEM OF ISRAEL AND POLAND

Jan Olszanowski

THE CIVIL SERVICE AT ROMANIA’S CENTENNIAL

Irina ALEXE

100 YEARS OF CONSTITUTIONALITY CONTROL

Daniela Cristina VALEA

FOREST LEGISLATION’S ROLE IN THE PROTECTION OF ROMANIAN FORESTS

Dogaru Lucreţia

THE EVOLUTION OF THE SOCIAL SECURITY SYSTEM IN ROMANIA

Brînduşa MARIAN

CONSTITUTIONAL EVOLUTION OF ROMANIA

Ioana Cristina VIda

COMMON LAW SUPREME COURTS. A COMPARATIVE APPROACH

Ovidiu-Horia MAICAN

ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

THE ROMANIAN CRIMINAL LAW FROM THE GREAT UNION TO THE PRESENT DAY

Ion Rusu

THE ROLE OF SOCIAL REACTION REFLECTED IN THE DINAMICS OF THE CRIMINAL CODES - PAST, PRESENT, FUTURE -

Crina – Bianca Vereş

UNIFICATION OF CRIMINAL LAW AFTER THE GREAT UNION – THE 1936 CRIMINAL CODE

Iuliu Crăcană

A HISTORICAL PERSPECTIVE ON THE CRIMINALIZATION OF OMISSION IN CRIMINAL LAW

Carmen Adriana Domocoş

TO VACCINATE OR NOT TO VACCINATE. BETWEEN MORAL AND CRIMINAL BOUNDARIES

Laura Stanila

ANALYSIS OF OFFENCES CONCERNING DRUG TRAFFICKING IN ROMANIAN LEGISLATION Adrian

Adrian Cristian MOISE

 

International Law

HINDSIGHT VIEW ON ARBITRATION FROM THE PERSPECTIVE OF THE VISIONS, INSTITUTIONS AND THE PERSONALITIES WHICH HAVE ADDED AND CONTRIBUTED TO THE EVOLUTION OF THIS FIELD IN THE LAST CENTURY FROM A TO Z

Alina Mioara Cobuz –Bagnaru

A CENTURY OF ROMANIAN ARBITRATION: HISTORICAL MILESTONES, FROM TRADITION TO MODERNITY

Cristina Ioana FLORESCU

CONSIDERATIONS UPON INTERNATIONAL TREATIES WHICH SHAPED THE HISTORY OF MODERN ROMANIA (1918 – 2018)

LEGAL PERSPECTIVES ON THE UNIFICATION OF THE REPUBLIC OF MOLDOVA WITH ROMANIA. WILL THE HISTORY REPEAT ITSELF?

Dumitru Cazac

LEX MERCATORIA, SOFT LAW AND A CLOSER APROACH OF UNIDROIT PRINCIPLES

Loredana Ioana BUCUR

 

Legal theory

CIVIL LIABILITY - ETERNAL AND FASCINATING LADY OF CIVIL LAW

Maria Dumitru

CONSIDERATIONS ON THE LIQUIDATION AMONG THE HEIRS OF THE FUNERAL EXPENSES

Silviu-Dorin ŞCHIOPU

SOLVING WORK CONFLICTS. PAST AND FUTURE

Roba Roxana Maria