Abstracts Nr 2, 2017
Viorel Chiricioiu , Two ‘Firsts’ at the International Criminal Court: The Al Mahdi Case and Its Implications
Abstract: The protection of cultural property during armed conflict represents a matter of utmost importance in the present geopolitical and security context, as various groups and actors are spreading terror and destruction around the world including through the deliberate targeting and destruction of symbolic sites dedicated to culture, religion and history. This article analyses two important consequences marked by the recently concluded Al Mahdi case before the International Criminal Court related to the Situation in Mali. For the first time in the history of international criminal law, an individual was exclusively charged with and convicted for the war crime of directing attacks against protected cultural property and, for the first time in the history of the Court, a suspect pleaded guilty. The article discusses the case, the relevance of the aspects involved and the effects these might have on the development of international criminal law.
Keywords: Al Mahdi Case, cultural heritage, armed conflict, terror, Mali, International Criminal Court
Valentin Constantin, Difficulties in consolidating a legal solution at the European Court of Human Rights
Abstract: The case A and B v. Norway, analyzed in the article, has led to a change in the practice of the Strasbourg Court concerning mixed procedures, criminal and administrative. More precisely, the Strasbourg Court has established new conditions for a administrative sanction to qualify as a criminal matter. The author agrees with the dissenting opinion of judge Pinto de Albuquerque, who worries about the chance for success of this endeavor. He points to the lowering of the standard of protection for non bis in idem and also to the lack of clarity and precision of this solution.
Keywords: mixed procedures, criminal matters, non bis in idem, criminal sanctions, administrative sanctions.
Istvan Haller, Political pressure on the National Council for Combating Discrimination through proposals to amend the anti-discrimination legislation
Abstract: The study starts with a short presentation of the creation of the National Council for Combating Discrimination and goes on to review the political pressure exercised on the NCCD through proposals to amend the anti-discrimination legislation. The author analyses the repeated invocation by the Ministry of Justice of the unconstitutional character of the provisions of O.G. no. 137/2000; Decision no. 818 from 3 July 2008 of the Constitutional Court and its effects; the exception of unconstitutionality initiated by former Minister of Justice Valeriu Stoica; the exception of unconstitutionality initiated by former county councilor Nicolae Dobrovici-Bacalbaşa; the legislative initiative of former representative Bodgan Diaconu. The study concludes that among the three powers the judicial power has been most supportive of the NCCD. The government has supported the exceptions it invoked itself while the legislative power, which oversees the NCCD, has been extremely passive.
Keywords: National Council for Combating Discrimination, exception of unconstitutionality, legislative power, Valeriu Stoica, Nicolae Dobrovici-Bacalbaşa, Bodgan Diaconu.
Cristian Nuică, Expert opinion on Case C-673/16, Coman
Abstract: The paper attempts, following the relevant Community provisions, to find answers to the questions forming the reference for a preliminary ruling in Case C-673/16 Coman, before the Court of Justice of the European Union.
The subject of Case C-673/16, Coman, is the preliminary request made by the Constitutional Court of Romania, appropriate to the provisions of Art. 267 TFEU.
Following the specialized analysis applied after the specific mechanism for the interpretation of Community law referred to by the request sent by the Constitutional Court of Romania, the author concludes that the Community provisions require the host Member State whose legislation it recognizes, allows and legally protects the same-sex couple's same-sex couple relationships, to grant a residence permit on its territory for more than three months to a same-sex spouse of a European citizen, including for family cohabitation.
Keywords: Romania Constitutional Court; Court of Justice of the European Union, Case C-673/16 Coman, Community law, same-sex husband, family member