European Journal of Law and Public Administration

The Perspective of the European Court of Human Rights Over Incriminations Relating to Sexual Offenses

Bogdan Bodea — 2025-12-12

The article is set to identify whether or not the jurisprudence of the European Court of Human Rights has set any standards for the Contracting States in respect to the obligation of incriminating a conduct that infringes sexual liberty. As the Romanian legislature has adopted alterations of the texts incriminating sexual abuse and rape especially, where minors are concerned, the article tends to analyze whether or not these modifications are in accordance with the jurisprudence of the European Court of Human Rights. The article emphasizes on the need to establish the value of consent in respect to sexual offenses, whether or not that consent should be express or implicit and if there is a need for the perpetrator to understand there is a lack of consent or an opposition from the victim. In this respect the article we’ll analyze a case from the Romanian jurisprudence in which the courts found that statutory rape can only be committed by direct or indirect intent.

Some Reflections on Citizenship by Investment - A Comparative Overview of the European and International Approach

Luiza-Florentina Curelușă — 2025-12-12

Citizenship can be defined as the link established between the citizen and the state and this mechanism has become legitimate in time, being frequently impacted by a multitude of factors. Step by step, the concept gained multiple valences stemming also from the efforts individuals constantly made in order to create bonds with various states, even if that meant using more or less conventional levers, different from the so-called classic ones, which envisioned a genuine link with the state whose citizenship one was interested in acquiring. Practically, this desideratum was tangible due to the advent of the pecuniary factor whose status and emergence in this particular domain raised controversies. Often criticized or considered to be a facile instrument used for gaining a certain status, completely opposed to the one who considered the prevalence of rights and freedoms, the financial criterion reached the position of a powerful accelerator towards the citizenship of a state. In order to have an objective approach as far as the mechanism of granting citizenship on a financial basis is concerned, as well as to be able to pinpoint the potential vulnerabilities of such a system, it is of paramount importance to identify the premises that led to these ways of granting citizenship. This way, this paper aims at highlighting the main theoretical paradigm, as well as the practical implications of citizenship by investment. Consequently, I try to understand not only the doctrinal features but also the philosophical and empirical substratum which lies behind this approach. From the debut of the notion of ius pecuniae and its juxtaposition with a profoundly anchored in terms of human rights and freedoms legal framework in the matter of granting and respectively acquiring citizenship, the paper aims at identifying the causes which eventually led to this initiative and what actually makes it gain so much credit nowadays, taking into consideration the fact that citizenship by investment is still an alternative in many states worldwide. Lastly, this paper also aims at mapping the exact financial criteria used for granting citizenship “through investments” in Europe as well as internationally, by also noticing which are the current trends in this matter, especially as far as the level of tolerance is concerned but also in terms of how these programs developed in time in some states which practice this mechanism.

The International Criminal Court and Artificial Intelligence: Case Study and Global Legal Challenges

Dumitrita Florea — 2025-12-12

The International Criminal Court is the beginning of international criminal jurisdiction for certain serious crimes. The Court is a new institution in international law, different from those of the same type created ad hoc for certain countries. Although the Rome Statute was adopted on 18 July 1998, it entered into force on 1 July 2002 and only began operating in March 2003. In practical terms, the ICC is the main forum for international criminal justice, with the role of trying the most serious crimes affecting the international community as a whole: genocide, crimes against humanity, war crimes and the crime of aggression. In a global context marked by complex armed conflicts, transnational crimes and challenges to the protection of fundamental rights, the ICC faces constant legal difficulties in exercising its jurisdiction, collecting evidence, protecting witnesses and ensuring fair trials. Specifically, the issue of the relationship between international criminal law, state sovereignty and the imperatives of protecting fundamental rights is becoming increasingly relevant in the face of contemporary armed conflicts. Thus, these challenges must be analysed in light of the Court's fruitful case law, supplemented by the study of a relevant case that illustrates the tensions between international criminal law, geopolitical realities and new investigative technologies. At the end of the analysis, in addition to these classic obstacles, technological developments introduce new dimensions to the investigation of international crimes. The use of Artificial Intelligence in the analysis of digital evidence, in the identification of perpetrators or in the monitoring of armed conflicts opens up both opportunities and legal risks that are difficult to anticipate. In the objective dimension of reality, it is necessary to reflect on how the Court can adapt its instruments and procedures to respond responsibly to emerging challenges without compromising standards for the protection of fundamental rights.

The Aggression of the Russian Federation and the Impact of Emerging Technologies on International Criminal Justice

Narcisa Gales — 2025-12-12

War and conflict in international law are approached from two perspectives: jus ad bellum, which is represented by the rules of law that entitle states to use armed force in resolving disputes with other states, and jus in bellum, which represents the rules of international humanitarian law, being a branch of public international law. The armed conflict triggered by the Russian Federation against Ukraine has brought the issue of aggression and war crimes in international law back to the forefront. Although the concept of the crime of aggression has been established since the Nuremberg Tribunal and subsequently in the Rome Statute of the International Criminal Court, its application in the current context faces major legal and political challenges. At the same time, new technologies, especially artificial intelligence, are beginning to have a significant impact on how international crimes are investigated, documented and prosecuted.

The Interdependence of Civil Status Recognition and the Free Movement of Persons within the European Union

Daria Lunca — 2025-12-12

This paper examines the structural interdependence between civil status recognition and the effective exercise and enjoyment of European Union (EU) citizens’ right to free movement. It argues that divergent Member State regimes governing marriage and partnership, specifically as regards same-sex couples, generate legal discrepancies that function as obstacles to Union citizenship rights under Articles 20 and 21 of the Treaty on the Functioning of the European Union (TFEU). Through an analysis of EU primary law and Directive 2004/38, this article traces the evolution of the Court of Justice of the European Union’s (CJEU) jurisprudence from Coman and Others v General Inspectorate for Immigration and Ministry of the Interior (CJEU, 2018), which confirmed the sex-neutral meaning of “spouse” for derived residence rights under Directive 2004/38, to the Cupriak-Trojan and Trojan v Wojewoda Mazowiecki (CJEU, 2025) ruling in late 2025. It contends that Trojan successfully consolidates a functional mutual recognition requirement for civil status in cross-border situations by treating the denial of recognition of a same-sex marriage lawfully concluded in another Member State as an obstacle to free movement, and where recognition procedures are available for opposite-sex couples only, as discrimination prohibited by Article 21(1) of the Charter of Fundamental Rights of the European Union A comparative assessment subsequently evaluates the implications for Romania, Bulgaria, Poland and Slovakia as the remaining “ban” jurisdictions for same-sex marriage, demonstrating how Trojan constrains non-recognition regimes absent equivalent civil union frameworks. The paper concludes that EU integration is advancing through “harmonization by results” in civil status recognition for EU law purposes, while preserving Member States’ national competence over family law matters in accordance with the principle of conferral.

The Transformation of Diplomacy in the Digital Age: The Legal Framework, Security Challenges, and the Estonian Model

Marilena-Oana Nedelea — 2025-12-12

Digital diplomacy today operates within an increasingly well-defined legal framework, resulting from the convergence of global, European, and national regulations. This emerging normative ecosystem is shaping a new branch of international and European law focused on the governance of the digital space. In this context, diplomats are required to develop interdisciplinary skills, combining law, technology, and international relations, as digital diplomacy becomes both a tool for action and an object of negotiation. Although the current legislative framework is in continuous development, the accelerated pace of technological innovation poses major challenges related to the balance between innovation, national security, and the protection of fundamental rights, offering a strategic advantage to states capable of adapting and actively contributing to shaping this field.

The Transfer of Preliminary Rulings to the EU General Court: Impact on CJEU Case Law in 2025

Liana-Teodora Pascariu — 2025-12-12

One of the most important judicial reforms within the European Union concerned the transfer of certain powers from the Court of Justice of the European Union to the General Court of the EU, a process that began in 2022 and was completed with the adoption of Regulation 2024/2019 of the European Parliament and of the Council of April 11, 2024, whose purpose was to amend Protocol No. 3 on the Statute of the Court of Justice of the European Union. This article explores only marginally the provisions of the new Regulation, in the context of identifying those areas that fall within the jurisdiction of the second EU court, with the primary focus being on the analysis of post-amendment case law, thus seeking to highlight the benefits of the transfer of jurisdiction, using comparative and historical legal research methods. This structural change in the architecture of the EU judicial system, designed to redistribute the volume of cases and streamline the Court's work, clearly has an impact on the uniformity of CJEU case law. The article attempts to analyze the first statistics and the first judgments of the General Court, highlighting the legal framework of the transfer, its implementation in 2025, its impact on case law, as well as the challenges and prospects for the future.

The Role of Artificial Intelligence in Strengthening Civic Participation in the European Union: Ensuring Administrative Transparency and Accessibility in Algorithmic E-Consultation

Daria Luncă — 2025-12-12

In an era of digital governance, the advent of artificial intelligence (AI) offers new possibilities to meaningfully engage citizens in consultative policymaking processes and prompts fundamental questions about the future of democratic legitimacy in regulatory decision-making within the European Union (EU). The prospect of implementing AI-enabled consultation platforms (AECPs), digital participation platforms run by local administrative bodies that leverage AI to enhance civic participation in policymaking, is thereby worth examining. Drawing on EU instruments such as the AI Act (AIA), General Data Protection Regulation (GDPR), and Web Accessibility Directive (WAD), and case studies from EU Member States such as Spain and the Netherlands, this paper contends that while AECPs have the potential of enhancing democratic legitimacy by improving accessibility, and scaling participation in administrative consultation, they also carry risks of opacity, bias, arbitrariness, and exclusion. The analysis demonstrates that insofar as algorithm-based participatory tools are carefully integrated in compliance with EU-developed good administration and AI transparency standards, which provide safeguards for accessibility, monitoring, accountability, redress, non-discrimination, and data protection, they can help bridge the democratic gap between citizens and regulators and thus enhance the democratic legitimacy of the administrative process.

The Ethical Dimension of the Principle of Responsibility Regarding the Right to the Protection of Personal Data

Andreea Buruiana (Rusu) — 2025-12-12

The principle of responsibility, enshrined in Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data, holds a central place in the conceptual framework of data protection in contemporary society. Beyond its legal and operational role, this principle expresses a profound ethical dimension, which calls for a reconceptualization of the relationship between the controller and the data subject. Responsibility is not limited to mere formal compliance with legal requirements, but involves a real, active, and demonstrable commitment to all measures adopted in the data processing activities, aimed at respecting the fundamental rights and freedoms of the individual. In this context, responsibility becomes the expression of an organizational conduct that reflects integrity, transparency, and a commitment to fundamental ethical values such as dignity, autonomy, and informational self-determination of the individual. Therefore, a shift is required from a reactive and minimal approach, focused on formal obligations, to a vision based on the internalization of ethical principles in everyday decision-making practices. This transition presupposes the existence of an organizational culture in which data protection is not treated solely as a legal or technical issue, but as an ongoing commitment to respecting the human person. The present article offers a theoretical reflection on the ethical dimension of the principle of responsibility, without aiming to conduct empirical research. Its purpose is to highlight the importance of a coherent ethical perspective in the application of personal data protection rules. In conclusion, it argues that responsibility should be understood not only as a mechanism of legal traceability, but as a form of moral commitment to a fundamental right, in a digital context marked by complexity, automation, and systemic risks.

International Judicial Cooperation in Human Trafficking Cases: Practical Challenges and Solutions

Mihai Ștefănoaia — 2025-12-12

Human trafficking constitutes one of the most serious forms of transnational organized crime, frequently involving cross-border elements that exceed the jurisdiction of a single state. In this context, international judicial cooperation becomes an essential instrument for the effective prevention, investigation, and prosecution of human trafficking offences. This article aims to analyze the mechanisms of international judicial cooperation applicable to human trafficking cases, highlighting the main practical challenges faced by judicial authorities, as well as the legal and institutional solutions developed at international, European, and national levels. The study considers both traditional instruments of cooperation, such as extradition and mutual legal assistance, and modern forms of cooperation, including joint investigation teams and cooperation through specialized bodies. In conclusion, the article emphasizes the need to strengthen international judicial cooperation as an indispensable prerequisite for effectively combating human trafficking and ensuring the real and effective protection of victims.

Regional Conflicts and Their Consequences on the Environment - Legal, Ecological, Socio-economic, and Ethical Perspectives

Ciprian Ungureanu — 2025-12-12

Contemporary wars generate profound and long‑lasting effects on the environment, extending beyond the immediate sphere of material and humanitarian destruction. This article examines the consequences of zonal wars on the environment through four complementary perspectives: legal, ecological, socio‑economic, and ethical. Modern warfare produces extensive pollution of soil, air, and water, destroys natural habitats, and causes irreversible losses of biodiversity. Although the analysis includes comparative references to conflicts in various regions, particular attention is focused on the war in Ukraine, which is considered especially relevant due to its unfolding within contemporary Europe and its geographical proximity to Romania and other states in the region. The war in Ukraine allows for a concrete assessment of the ways in which modern military actions affect natural ecosystems, through pollution, habitat destruction, and the disruption of biodiversity, generate new legal challenges regarding environmental protection in the context of armed conflict, raise ethical dilemmas concerning the responsibility of the actors involved, and produce economic and social imbalances in neighboring states. In this context, the article also addresses the concept of ecocide, analyzed as a potential new legal category intended to sanction deliberate and severe environmental destruction in situations of armed conflict. Through an interdisciplinary approach, the article seeks to highlight the need to strengthen the international normative framework and regional cooperation in order to prevent and mitigate the environmental effects of wars conducted in areas characterized by high population density and interdependent critical infrastructures.

The Role of Effective Communication in Enhancing the Transparency of Public Institutions: A Case Study in Local Public Administration

Mihaela Rus — 2025-12-12

In the context of increasing demands for public accountability and the consolidation of participatory democracy, effective institutional communication emerges as a key determinant of administrative transparency. This article examines the relationship between public communication and institutional transparency within local public administration in Romania, integrating theoretical, legislative, and empirical perspectives. The study employs a mixed-methods design (qualitative–quantitative), combining document analysis with a case study conducted on a sample of N = 108 citizens. The findings reveal a significant correlation between the clarity and accessibility of communication and the perception of transparency. Statistically significant differences were identified between urban and rural respondents (t(106) = 2.34, p = 0.021), as well as across educational levels (F(2,105) = 4.98, p = 0.009). Although digitalization is perceived as a facilitating factor, the overall level of civic participation remains limited. The study confirms the hypothesis that effective communication does not merely reflect institutional transparency but actively generates it, provided that it is strategically supported and embedded within an organizational culture grounded in openness and responsiveness.

Crisis and Risk Communication or Propaganda and Disinformation: Rhetorical Strategies That Blur the Lines between Strategy and Manipulation

Oana Olariu — 2025-12-12

The following analysis focuses on convergent areas between classical rhetorical strategies in strategic communication and propagandistic or deceptive discourse. Drawing on a framework based on critical cultural studies, it contends that corporate apology rhetoric may function as coercive communication approach, limiting audiences' interpretive agency and obstructing reflexive judgment. By screening impression management and reputation-repair strategies against modern disinformation techniques, it is shown that both rhetorical repertoires present structural vulnerability towards logical fallacies and various deceptive tropes. While research on disinformation has yielded significant insights into the mechanisms and ramifications of fake news, these findings have seldom been systematically incorporated into crisis and risk communication scholarship or practice. This article aims to address this gap by highlighting the conceptual and functional similarities between apologetic and deceptive rhetorical approaches. To disentangle crisis communication from propaganda, it is argued, a new language and rhetorical approach need to be developed.

The Theory of Abuse of Right in Interwar Romanian Legal Doctrine: The Contributions of Mircea Djuvara and Matei Cantacuzino

Camelia Ignătescu — 2025-12-12

This study analyzes, through a historical-comparative method, the contributions of two prominent jurists of the Romanian interwar period – Mircea Djuvara and Matei Cantacuzino – to the development of the theory of abuse of right in national legal doctrine. Starting from the European context of the formation of this theory and from the silence of the Civil Code of 1864 on the matter, the article examines the conceptions of both authors through an analysis of their fundamental works and their reception in interwar jurisprudence, highlighting both the convergences and the specificity of each approach. While Djuvara grounds the theory of the relativity of rights on philosophical-legal principles of Kantian inspiration, proposing an objective conception based on the social finality of rights, Cantacuzino adopts a technical-legal perspective, centered on the subjective criterion of intent to harm and the interferences with civil delictual liability. The study demonstrates the contemporary relevance and actuality of the interwar contributions by reference to the regulation of abuse of right in Article 15 of the new Civil Code, while simultaneously offering a comparative analysis with developments in European legal systems (French, German, Swiss) and the jurisprudential applications of this theory in Romanian judicial practice.

The Local Police in Romania: Role, Competencies, and Controversies in Relation to the National Police

Cristian Cucoreanu — 2025-12-12

The article critically analyzes the institutional role of the Local Police in Romania in relation to the responsibilities and competencies of the National Police, with a focus on the legal, functional, and operational distinctions between the two structures. The study highlights the fundamental differences in organization, subordination, and areas of intervention, as well as the ways in which these aspects influence the coherence of law enforcement at both the local and national levels. In the context of an ambiguous and often insufficiently harmonized legislative framework, the paper identifies a series of recurring controversies regarding the overlap of responsibilities, the absence of unified oversight, and public perceptions concerning the efficiency of the Local Police. The paper also examines the challenges surrounding the professionalization of human resources within the Local Police, emphasizing the structural deficiencies in both initial and ongoing training systems, as well as the lack of uniform standards for evaluation and instruction. In this light, the analysis addresses the deficiencies observed in the training of local police officers, which negatively impact the quality of administrative action and the capacity to respond effectively in complex situations. Finally, the study formulates concrete proposals for institutional reform and the optimization of the normative framework, aiming to strengthen an efficient and equitable partnership between the Local Police and the National Police, in the spirit of the public interest and the rule of law.

Considerations Regarding the Calculation of the Rehabilitation Period in Light of the Precepts of the Principle of the More Favorable Criminal Law

Lucian Stănescu — 2025-12-12

This article aims to clarify the issues that may arise when assessing the length of the rehabilitation period in order to determine whether or not the person on trial is in a state of post-execution recidivism. The issue analyzed in this article lies in the limits of application of the more favorable criminal law in pending cases, in situations where the more favorable criminal law regarding the duration of the rehabilitation period for the defendant's prior record is the new criminal law, and the more favorable criminal law regarding the special limits of punishment is the old criminal law, under which the offense was committed, which prohibits de plano the creation of a third criminal law. This article proposes several arguments in support of finding a solution to these situations in accordance with the binding case law on the matter issued by the Constitutional Court of Romania on the establishment of the more favorable criminal law for transitional situations.

A New Effect of the Constitutionalisation of the Democratic Traditions of the Romanian People: The Amendment of the Law on the Coat of Arms and the Seal of the State

Lucian Stanescu — 2025-12-12

The enshrinement of the democratic traditions of the Romanian people in the Romanian Constitution, as a result of Decision No. 112/2001 of the Constitutional Court of Romania, had a first devolutionary consequence, namely the recognition of the Resolution of the Great National Assembly of Alba Iulia of 18 November/1 December 1918 as a source of Romanian constitutional law and, possibly, as a founding document of Romanian constitutionalism. A second effect, less accepted in our contemporary constitutional law, but also in Romanian society, is the amendment of the law on the state coat of arms and seal (Law No. 146/2016), whereby the Iron Crown of Romania was reinserted into the state coat of arms. The study will analyse the constitutional, historical and prospective meanings of this choice made by the Romanian legislator in terms of the need to re-legitimise the contemporary Romanian state through its democratic traditions.

Criminal Liability of Legal Persons for Human Trafficking Offences

Mihai Ștefănoaia — 2025-12-12

Human trafficking represents one of the most serious forms of contemporary organized crime, having major consequences for fundamental human rights, particularly human dignity, freedom, and the physical and psychological integrity of victims. The phenomenon manifests itself in various forms, such as exploitation through forced labour, sexual exploitation, forced begging, or other illicit activities, and is facilitated by economic, social, and legal factors specific to modern society. In the context of economic globalization, labour mobility, and the development of complex corporate structures, legal persons may become, directly or indirectly, actors involved in the commission, facilitation, or tolerance of human trafficking offences, either through their management bodies or through the absence of effective control and supervision mechanisms. This article aims to analyse the legal framework governing the criminal liability of legal persons for human trafficking offences, highlighting legislative and doctrinal developments in this field. The study is based on the international and European normative framework, with particular emphasis on the obligations assumed by Member States to criminalize and sanction the involvement of collective entities in such acts. At the same time, the paper examines the regulation under Romanian criminal law, focusing on provisions concerning the criminal liability of legal persons and the offence of human trafficking, from the perspective of the conditions of attribution and forms of participation (Marinescu, 2011). In addition, the article addresses the main theoretical and practical difficulties encountered in the application of this liability regime, such as the delimitation of the legal person’s interest, the relationship between the criminal liability of the legal person and that of the natural person, and the effectiveness of applicable criminal sanctions. In conclusion, the importance of strengthening legal mechanisms for preventing and sanctioning the involvement of legal persons in human trafficking is emphasized, as an essential tool for victim protection and for the effective fight against organized crime.