Law Review International Journal of Law and Jurisprudence Online Semiannually Publication published by 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 VII, special issue 2, posted at 29th of March 2017

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Summary

Articles (Studies, discussions, comments)

LEGAL ISSUES CONCERNING JUDICIAL CONTROL OF THE LEGALITY OF NORMATIVE ADMINISTRATIVE ACTS IN THE REPUBLIC OF MACEDONIA

Blerton SINANI

JUDICIAL INDEPENDENCE AND THE RULE OF LAW

Elena CONSTATIN

THE SCOPE OF APPLICATION OF FUNDAMENTAL RIGHTS GUARANTEED BY EUROPEAN UNION LAW ON MEMBER STATES' ACTION. SOME JURISPRUDENTIAL LANDMARKS

Constanţa MĂTUŞESCU

MULTIANNUAL DYNAMIC INDICATORS FOR HUMAN RESOURCES MANAGEMENT PLANNING IN JUDICIAL SYSTEM

Teodor Victor ALISTAR

ADMINISTRATIVE JUSTICE AS A TOOL OF HUMAN RIGHTS PROTECTION

Maria ORLOV

Mariana IANACHEVICI

HUMAN DIGNITY IN THE CRIMINAL PROCESS

Ramona CIOBANU

OPTIONS FOR INDEPENDENCE OF PROSECUTORS IN EXERCISE OF JUDICIAL FUNCTIONS, CURRENT SITUATION AND REMEDIES

Cristian Vasile BITEA

Teodor Victor ALISTAR

NEW YORK DECLARATION FOR REFUGEES AND MIGRANTS. A NEW WORLD PACT TO A SAFE, ORDERLY AND REGULATED MIGRATION – A MORAL AND HUMANITARIAN CHALLENGE

Claudia Elena MARINICĂ

HUMAN DIGNITY IN ROMANIAN LAW

Elena-Mihaela FODOR

THE EVOLUTION OF MULTIPLE DISCRIMINATION TODAY

Roxana MOISOIU

THE RIGHT TO HAPPINESS AT WORK: THE PERSPECTIVE OF THE ROMANIAN LEGISLATION

Radu Razvan POPESCU

RELIGIOUS FREEDOM: PROMOTING PEACE AND HUMAN DIGNITY THROUGH RELIGION

Remus MARIAN

TOWARDS A GLOBAL PACT FOR THE ENVIRONMENT

Irina MOROIANU ZLATESCU

IMMIGRANTS IN SEARCH OF DEMOCRACY AND HUMAN RIGHTS

Lucia-Stefania AVRAM

THE DEVELOPMENT OF THE COMMON EUROPEAN ASYLUM SYSTEM FROM MINIMAL TO COMMON STANDARDS

Petru Emanuel ZLATESCU

MIGRATION. A CHALLENGE TO INTERNATIONAL STABILITY AND RESPECT FOR HUMAN RIGHTS

Claudia Elena MARINICĂ

INTERNATIONAL PROTECTION IN THE EUROPEAN UNION

Alexandra BUCUR

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT

Ioana Cristina VIda

THE PURPOSE OF A EUROPEAN MINISTER OF ECONOMY AND FINANCE AND ITS IMPACT ON ROMANIAN PUBLIC FINANCE LAW

Emil BALAN

Marilena ENE

ASPECTS OF COOPERATION BETWEEN THE PARLIAMENT AND THE GOVERNMENT REGARDING EUROPEAN AFFAIRS

Dragoș-Adrian BANTAȘ

NEW TENDENCIES IN PUBLIC ADMINISTRATION DEVELOPMENT- COMPLEXITY OF PUBLIC ADMINISTRATION IN THE LIABILITY AREA

Ioana-Cristina VORONIUC

THE LEGALITY PRINCIPLE IN THE ACTIVITY OF THE PUBLIC ADMINISTRATION – CROSSING BETWEEN ENVIRONMENTAL PROTECTION AND POLITICAL NEGLIGENCE. A CASE STUDY

Andrea KAJCSA

GENERAL OVERVIEW ON MATERIAL-FUNCTIONAL CONCEPTION OF THE STATE ADMINISTRATION

Blerton SINANI

THE RISE OF THE EUROSCEPTICISM AND THE BAD COMMUNICATION BETWEEN ELECTED AND APPOINTED ELITES AND CITIZENS

Marcela Monica STOICA

MANDATORY CLAUSES IN THE PUBLIC PROCUREMENT CONTRACT

Mihaela V. CARAUSAN

EXTREME WEATHER EVENTS IN URBAN AREAS. A LEGAL VIEW

Maria FODOR

Victor Marcusohn

SHORT COMPARATIVIST APPROACHES REGARDING THE GENESIS AND EVOLUTION OF THE URBANIAM IN POLAND AND FRANCE

Sonia Andreea STOICA

ASPECTS REGARDING THE RELATIONSHIP BETWEEN HUMAN RIGHTS AND THE ENVIRONMENT

Oana Maria HANCIU

FREE COUNSELING OF INDIVIDUALS IN THE FIELD OF TAXATION

Florin-Ionel TRUŞCĂ