Abstracts Nr 3, 2016

 

Cristian-Liviu Popescu, Damages for the infringement of human rights in Romania

Abstract: In Romania, human rights are enshrined by the Constitution, as well as by the international and European rules applicable to the Romanian State. The relationship between the conventional international rules in the field of human rights and the domestic rules are governed by the principles of direct applicability, of superiority and of subsidiarity.

The prejudices caused by infringement of the human rights must be compensated regardless whether the infringement is made by a public law subject or by a private person.

In principle, the liability is based on guilt, taking the form of intention or of fault, the prejudice covered is both material and moral, and the damage must be fully compensated.

The compensation is patrimonial (in kind or in equivalent) or non-patrimonial.

The human rights are usually protected - by the way of compensation of the damage - by the judicial branch of power, the courts of law.

Key words: human rights, infringement, damage, liability, compensation, international and European Law, domestic law

 

Valentin Constantin, The jurisprudence of the European Court of Human Rights as a model for international governance

Abstract: The article starts from a case before the European Court of Human Rights, Hirsi Jarmaa et alii v. Italy from 2012 in order to prove that the legal basis of some of the Court’s decisions goes beyond the framework of the Convention. To justify its decision, the Court uses several international instruments belonging to the international system of human rights but outside its legal regime. The author highlights the importance of the use, by the Court, of resources of the international system, along regional legal norms, in explicit ways.

Key words: jurisprudence, regional legal norms, European Court of Human Rights, Hirsi Jarmaa et alii v. Italy

 

Agnos HerĊ£eliu, Women. Status and perception in the Romanian Orthodox Church and the Seventh-day Adventist Church

Abstract: The article compares the status of women within the Seventh-Day Adventist Church versus within the Romanian Orthodox Church. An important part of the research is dedicated to the role of Ellen White in the emancipation of Adventist women within the Church. Within the Seventh-Day Adventist Church, but not in the Church used for comparison, women are involved in liturgical and administrative activities of the Church. The access of women is not restricted within or outside worship. Over time, the Seventh-Day Adventist Church has debated the subject of the ordination of women. The latest General Conference of the Seventh-Day Adventist Church, from July 4th, 2015, included yet again on its agenda the ordination of women. But only a minority of delegates, around 44%, voted in support of the ordination of women. The article points out that other Churches find even the debate of such a topic unacceptable.

Key words: ordination of women, status of women, Ellen White, Seventh-day Adventist Church, Romanian Orthodox Church