Abstracts Nr 1, 2019


Rodoljub Etinski, The Relevance of Prior Knowledge on the Existence of Copyright in Balancing Freedom of Expression and Copyright Integrity in Renckoff (C-161/17)

Abstract: Does an internet user act illegally when she transfers a photo from a website to another website when the first website does not inform her on the copyright? In Renkoff the Advocate General and the ECJ gave different answers. The different answers result from contrary interpretations of the right of communication to the public as an element of the copyright, and in particular from different evaluation of the relevance of knowledge on the existence of the copyright on the photo.  The consideration of their opposite approaches to the relevance of knowledge is of importance for striking a fair balance between copyright and the freedom of expression. In interpreting the right of communication to the public, the ECJ was selective in its consultation of the context. The InfoSoc Directive contains provisions that indicate relevance of knowledge in constituting liability for copyright infringements. If the ECJ had taken them into consideration, it may well have come to an interpretation similar to the interpretation of the Advocate General, and thus established a better balance between copyright and the freedom of expression.

Keywords: copyright, knowledge, liability, expression, information, ECJ


Adrian Szelmenczi, Romania’s Reaction to Opinion no. 4 of the Advisory Committee regarding the application of the Framework Convention for the Protection of National Minorities

Abstract: This article discusses the way in which Romania interprets the conclusions and the recommendations in the Fourth Opinion of the Advisory Committee of the Council of Europe regarding the Framework Convention for the Protection of National Minorities. First I summarize the Comments of the Romanian Government and highlight the main points of dissent between the latter and the experts of the Council of Europe. I also analyze the Complaint of Unconstitutionality of the president of Romania regarding the Law on the Administrative Code, a complaint that raises objections to many of the articles regarding the rights of persons belonging to national minorities. I conclude that, although Romanian is one of the first states to sign and ratify the Framework Convention, it rejects vehemently the conclusions and recommendations of the Advisory Committee and doesn’t commit politically to implementing them.

Keywords: national minorities, language rights, Framework Convention for the Protection of National Minorities


Cristian Nuică, Considerations on Criminal Liability in the Area of non-discrimination

Abstract: This article aims to present research into the incidence of criminal law in the area of non-discrimination. The analysis will focus on the study of the criminal nature of discrimination, the issue of criminal liability. The main national regulations in the field will be discussed, mainly through the correlation between the provisions of the Criminal Code and the provisions of other internal normative acts regulating the incidence of criminal law in the field of non-discrimination and establishing the main actors responsible for the issue of non-discrimination at national level, namely criminal justice bodies.

Keywords: the area of non-discrimination; the criminal nature of discrimination; criminal liability; specialized institutions


Vladimir Adrian Costea, What is dignity for those who can not use it? Discussing the objective of the inviolability of human dignity in the carceral environment

Abstract: The article investigates the evolution of the notion of human dignity, with a special emphasis on the meaning given to this concept in situations of liberty deprivation. Two important events should be remembered for defining this concept in the Romanian space: Decision no. 1 of January 11, 2012 issued by the Constitutional Court, through which human dignity is defined in relation to  both moral responsibilities and the level of education reached by society; namely, the recognition of the positive obligation on behalf of the state to provide increased protection for vulnerable persons. The article highlights the lack of strong articulation between the evolving legal framework of defining human dignity in relation, on one hand, to psychological trauma and, on the other hand, social status and power relations that are specific to deprivation of liberty.

Keywords: human dignity, deprivation of liberty, psychological trauma, social status, power relations