Review of Law and Social Studies
Volume 2, Issue 2, December 2025
Table of Contents
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- Assistant professor Gabriel Florinel ION
The Interference of Private Law in Public Debt Management - Normative Analysis, Systemic Risks and Regulatory Strategies▼Abstract▼The legal relationship between private investors and states is an essential area of analysis in the context of contemporary economies, marked by financial interdependencies and the permanent need for financing the public sector. Although, at first glance, government bonds belong to the sphere of public law, in reality, the relationships generated by these financial instruments are predominantly governed by the rules of Private Law, based on standardized contractual mechanisms. This legal ambiguity generates a series of theoretical and practical challenges regarding the delimitation of normative and jurisdictional powers, as well as the rights and obligations of the parties involved. The article aims to explore the foundations and legal implications of the relationship between private investors and states, with a focus on the contractual nature of government bonds, investment mechanisms and the legal protection of creditors. The principles of Civil Law applicable to this type of relationship are analyzed, in parallel with the limitations brought by state sovereignty, especially in contexts of crisis or public debt restructuring. The interactions and overlaps between Private Law and Public Law in the management of government bonds are also discussed, including through the lens of international jurisprudence and investment protection treaties. The paper provides a comparative perspective, highlighting good practices from several European jurisdictions and analyzing the Romanian legislative framework in this regard. Finally, proposals are formulated for improving the legal and institutional architecture regulating the state-investor relationship, considering objectives such as legal certainty, contractual transparency and sustainable attraction of private capital.
Keywords: government bonds, private law, investors, public debt, contract, regulation, sovereignty, legal protection.
JEL Classification: K15
- Associate professor Anton PETRIČEVIĆ
Challenges of Reconciliating Private and Professional Life in the Conditions of Technological Progress and an Open Labor Market▼Abstract▼The goal of research in this paper is to harmonize the private and professional lives of employed workers. We work very fast and such a pace of life damages our health and suppresses the primordial values that generations in history have barely fought for. The established eight-hour working day has become just a dream. Today, workers work more, although positive legal regulations have no legal basis for it. The well-known three eights (eight hours of work, eight hours of rest and eight hours of sleep) are not respected. Inspections are not doing their job and workers are not protected. The question arises, how to solve this? Technological development and an open labor market help us. A worker must be flexible, must invest in knowledge and skills in order to achieve decent work, and to balance private and business obligations. In the paper, research was conducted using the online survey method, which proved that workers expect the state to provide equal opportunities for work and life for all workers. The EU provides equal opportunities for economic growth and development to its members, which are the basis for a better and more organized life for workers.
Keywords: private life, business life, working hours, economic growth, open labor market.
JEL Classification: K31
- Professor Georgeta MODIGA
The Impact of New Technologies on Employment Relations▼Abstract▼Digitalization is accelerating the redefinition of employment relations, affecting both the organization of work activities and the structure of rights and obligations between employer and employee. Automation, artificial intelligence, telework, and the platformization of work (gig economy) are generating new models of work performance, in which algorithms manage recruitment, evaluation, and monitoring of employees. We are facing an evolution that raises many legal questions concerning the precariousness of certain forms of work, the risk of algorithmic discrimination, excessive digital surveillance, as well as the strain placed on classical principles of labor law, such as subordination, equal treatment, and the protection of privacy.
Keywords: new technologies, labor law, artificial intelligence, automation and digital surveillance, data protection, employees’ rights.
JEL Classification: K24, K31
- PhD. student Gabriela TEODORU
Particularities Regarding the Contract of Sale of a Future Good. Practical Applicability and Proposals de Lege Ferenda▼Abstract▼The sale of a future good is a legal institution that allows the transfer of ownership of a good that does not yet exist but is to be created or acquired later by the seller. In Romanian law, this legal operation is regulated by the Civil Code and raises a series of legal aspects regarding the formation of the contract, risks, conditions, and effects. This legal institution is differentiated from the bilateral promise of sale, which represents the agreement in which both parties commit to finalize, in the future, a sale contract regarding a specific good, at a fixed price or one that can be determined later. This represents an instrument that allows parties to secure their interests before concluding a definitive, ownership-transferring contract. The article analyzes the legal regime of the sale of a future good, the conditions of validity, and the implications for the contracting parties, in comparison with the legal nature of the promise of sale, its effects, and its practical implications in contractual matters. The present study also presents the applicability of the sale of a future good in various fields of activity, performs a comparative analysis of national and European legislation regarding the legal instruments that real estate developers use for the sale of future properties, and finally develops „de lege ferenda” proposals for improving the current legislative framework.
Keywords: contract, sale of a future good, contingent rights, bilateral promise of sale, transfer of ownership.
JEL Classification: K11, K12, K15
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Religion, Politics and Human Rights. A Christian Perspective on Human Rights▼Abstract▼Human rights have their roots in liberalism and have become increasingly important in international relations over the last seventy to eighty years. Religious individuals and movements have become much more active in social and political life during the same period, but especially in the last 35 years. Religion now plays an active role in society in many countries and is a determining factor in international relations. At present, it is impossible to ignore religion as a factor in political life, whether it takes the form of religious terrorism, religious freedom or religious movements. The study explores the relationship between religion, politics and human rights from a Christian perspective. It emphasises that Christian teaching promotes values such as love, equality and respect for life, thus supporting the rights and dignity of every individual. Throughout history, the Church and Christian movements have played an important role in promoting civil rights and social justice, contributing to the affirmation of fundamental freedoms. At the same time, the text analyses the tensions and challenges that have arisen between religious interpretations and human rights principles, as well as the role of the state in maintaining a balance between them. In the context of the 21st century, Christianity continues to address new global challenges, promoting interreligious and ecumenical dialogue for the respect of universal human values. Finally, the text highlights the importance of collaboration between religion and politics in order to support and protect human rights in a harmonious manner.
Keywords: Christianity, human rights, freedoms, politics, religion.
JEL Classification: K38
- PhD. student Georgian Ionuț STAN
Does Hezbollah remain a competitor for sovereignty within the Lebanese Republic?▼Abstract▼:The confessional distribution of power was created as a mechanism for stabilizing and guaranteeing access to power among the main religious communities, and the Taif Agreement contained elements interpreted as steps toward reducing the exclusively confessional nature of institutions. In fact, the abolition of political confessionalism is also a national goal, as it is included in the preamble to the Lebanese constitution. Hezbollah, a political and paramilitary organization that claims to represent an important part of the Shiite community, is sometimes described as a "state within a state," which has given it characteristics of a competitor to the sovereign powers of the Lebanese state. After a long period of presidential vacuum, the parliament managed to elect a new president, following intense political negotiations both internally and under external pressure. Proposals have been made, and official discussions have taken place on the creation of a plan to centralise weapons and disarm Hezbollah, but the parties involved, and Hezbollah's firm stance make effective implementation unclear. This article aims to shed constitutional light on these new developments and attempt to answer the question of whether Hezbollah remains a competitor to sovereignty within the Lebanese state and whether, in this context, the seeds of abolishing sectarian power distribution are emerging.
Keywords: competition, sovereignty, monopole, power, distribution, sect, religion.
JEL Classification: K10, K19
- Professor Florin TUDOR
River Cabotage and Economic Sovereignty on the Danube: European Regulation and the Protection of National Interest▼Abstract▼:The study investigates river cabotage on inland waterways from the perspective of the interaction among European law, fiscal policy, and the strategic interests of each Member State. The analysis starts with Regulation (EC) No. 1356/96 on transport between Member States and explores the interpretation of the notion of "transport of a temporary nature". The economic and fiscal implications of cabotage activities undertaken by EU and non-EU operators, as well as the implications for competitiveness and competitive imbalances, are highlighted. The study also assesses the internal legislative gaps and the impact on Romanian operators, proposing a regulatory reform that would clearly define the notion of temporary activity and establish a balanced mechanism between the freedom to provide services and the protection of the internal market. The conclusion supports the need for a coherent policy to protect the Romanian fleet, compatible with EU law and anchored in national economic and strategic objectives.
Keywords: river cabotage, sovereignty, competitiveness, European law, taxation.
JEL Classification: K22, K33, F15, H25
- Associate professor Lăcrămioara MOCANU; Professor Ancuța Loredana CĂRĂUȘ; Professor Carolina CERNEI
The Role of Psychology in Law▼Abstract▼This article provides a broad analysis of the role of psychology in the contemporary legal system. The study addresses the connections of forensic psychology with general psychology and explores the objectives of forensic psychology. Personality is examined as the central object of study in forensic psychology, with an emphasis on the model of orientations and behaviors of the personality of the offender. It also highlights the methods used in forensic psychology. The study highlights Pinatel’s fundamental contributions to the field for understanding criminal behavior, and through interdisciplinary analysis, it is demonstrated that the integration of psychological knowledge into legal practice not only improves the accuracy of judicial decisions, but also contributes to the development of a more humane and efficient justice system.
Keywords: legal psychology, criminal behaνior, personality, psychological assessment, judicial system.
JEL Classification: D91, K14
- PhD. George-Bogdan IONIȚĂ
The Atypical Regime of the Appeal on Points in Law in Administrative Litigation. Some Comparative Elements with the Provisions of the Code of Civil Procedure▼Abstract▼This study aimed to analyze the legal regime of the appeal, as a specific remedy, regulated by Law 544/2004 on administrative litigation. In this regard, we analyzed the legal regime regulated by the Code of Procedure regarding the appeal remedy, by reporting the special provisions in the field of administrative litigation, focusing on the deadline for filing the appeal, the subjects, the content of the application, the method of judging the application and the solutions that the appeal court can pronounce. In carrying out the study, we analyzed the updated legislative provisions, the specialized doctrine and relevant case law in the matter.
Keywords: appeal, remedy, administrative litigation, deadline, court solutions.
JEL Classification: K15, K23, K41
- Professor Tudor OSOIANU; Professor Dinu OSTAVCIUC
Comparative Law Perspectives on Recourse Against Decisions for Which the Law Does Not Provide the Remedy of Appeal▼Abstract▼:This study examines the legal regime governing recourse against judicial decisions for which the law does not provide the remedy of appeal, analysing the normative foundations, judicial practice, and constitutional considerations that justify maintaining a mechanism of legality review in such situations. The research aims to clarify the conditions under which recourse may be exercised, the categories of decisions that may be challenged, and the extent to which the reviewing court may intervene in the solutions adopted by the first-instance court. Methodologically, the study combines comparative analysis, doctrinal examination, and the evaluation of relevant case law, with particular emphasis on the devolutive, suspensive, and protective effects associated with this extraordinary remedy. The findings demonstrate that recourse remains an essential instrument for safeguarding the legality of criminal proceedings, providing an effective framework for correcting errors of law and reinforcing the principles of the rule of law. Furthermore, the study highlights the importance of well-reasoned judgments, the observance of judicial competence limits, and the consistent application of European Court of Human Rights standards. The implications of the research confirm the necessity of maintaining a coherent system of remedies capable of ensuring a balanced relationship between celerity, procedural efficiency, and the right to a fair trial.
Keywords: criminal recourse, legality review, non-appealable decisions, devolutive effect of recourse, errors of law, ECHR standards in criminal procedure, comparative perspectives.
JEL Classification: K14
- Professor Antonio SANDU
Social (Re)construction of International Law. The Dark Enlightment▼Abstract▼:This paper examines the impact of the Dark Enlightenment doctrine on public international law, analyzing its challenge to the post-Westphalian global order. The study employs a social-constructionist perspective to explore how this emerging paradigm contests fundamental principles of international law, including universalism, multilateralism, and human rights. It investigates the ideas of key theorists like Nick Land and Curtis Yarvin, and their critique of liberal democracy and global institutions. The paper discusses the rise of sovereignist movements, deglobalization trends, and their implications for international legal structures. It highlights the tension between national interests and global cooperation, exemplified by recent withdrawals of the USA from international agreements. The research underscores the need for a critical re-evaluation of international law's foundations in light of these challenges. It concludes that balancing sovereignist concerns with effective global governance is crucial for the future of international law and international relationships in an increasingly fragmented world order.
Keywords: international law, dark enlightment, Curtis Yarvin, Nick Land.
JEL Classification:K33
- Associate professor Camelia SPASICI; Associate professor Anca Monica ARDELEANU
The sale of another's property. Under the terms of the Romanian Civil Code, can the seller be a non-owner?▼Abstract▼:According to Article 1683(1) of the Civil Code, "If, at the time of conclusion of the contract for a specific individual asset, that asset is owned by a third party, the contract is valid and the seller is obliged to ensure the transfer of ownership from the owner to the buyer." The text of the law shows that "the sale of another's property" (specifically identified, our note - o..n.) is a valid transaction (in all cases, o.n.). Since, in doctrine, the transfer of ownership through sale has already been established, questions arise such as: can the seller be the owner of the property or not? Under the current legislative conditions, has the sale become (only, o.n.) a contract that creates obligations? The study aims to re-examine the regulation of the transfer of ownership, the sale of another's property, risk bearing, etc. (in accordance with European doctrine and legislation). The paper is structured in four sections: "The transfer of ownership through sale"; "The subject matter of the contract: present and future goods"; "Transfer of ownership: automatic, abstract, and instantaneous"; "Sale of another's property: valid, void, or voidable."
Keywords: seller-buyer; transfer of ownership, sale of another's property, present and future goods, legal and personal effects.
JEL Classification:K15
- PhD. candidate Majlinda RRECAJ
Some Obstacles to the Extradition of the Persons Wanted for Committing a Criminal Offence▼Abstract▼:Extradition is a form of international cooperation between states that involves the surrender of a person to a foreign state for the purpose of serving a prison sentence or conducting criminal proceedings for a criminal offence committed in that state. In order to allow extradition from one state to another, the content of the extradition request must first be examined, and it must be verified whether a bilateral agreement has been signed with the requesting state. The conditions for extradition are provided for in the criminal legislation of the states, specifically in the Code of Criminal Procedure. However, the European Convention on Extradition and the state's criminal-procedural legislation require the handing over of the requested person to outline several conditions that must be met beforehand for the requesting state's extradition request to be fulfilled. The extradition of a person from one state to another will not be allowed if there are several legal obstacles. The legal obstacles to extradition, as provided for in the extradition convention and in the criminal procedural legislation of the states, refer to the criminal offence committed and the person who must be extradited.
Keywords: extradition, obstacles, criminal offence, criminal procedure.
JEL Classification:K14
- Lecturer Simona GUTIU (CHIRICǍ); Assistant professor Ana-Maria Iulia ŞANTA
Unbundling – A Solution for More Competition on the Energy Market▼Abstract▼:The energy sector is one of great importance within the European Union, as it is a strategic field, having at the same timp a high impact on consumers. Taking into consideration these aspects, the European Union aims at creating a common energy policy, which could be the basis for a common energy market at European Union level. This vision receives a concrete expression in the package “Clean Energy for All Europeans”, an initiative of the European Commission proposing a common legislative framework for an Energy Union, with a focus on promoting energy efficiency and renewable energy, for the benefit of the consumers within the European Union and for a modernized energy sector. In the past twenty years there were several attempts to design a common energy policy, based on harmonized standards and on common values. The results of these harmonization attempts are reflected in the package “Clean Energy for All Europeans”. Nevertheless, the European Union does not yet have a common energy market and one possible reason is the lack of competition in this sector. The liberalization of the energy sector achieved some progress in this direction, but there is still potential for improvement. The present article analyzes possible solutions adopted in several countries in order to ensure a more competitive energy sector. Given this context, the present papers deals with the assessment of unbundling as a solution for achieving more competition in the energy sector. Applying the provisions of competition law in the field of enforcement of energy law and its importance are research topics of the present article. In order to answer to the research questions, a multidisciplinary approach is used in the present article, combining aspects of law, business and economics. Case studies illustrate the liberalization of the energy sector in several countries and relevant case law completes this image with the legal perspective on the analyzed market issues. A comparative international perspective is used as a research approach in the present article in order to enlighten interdisciplinary aspects related to unbundling as a solution for more competition on the energy market.
Keywords: unbundling, competition, energy market, energy sector, Energy Union, competition law, energy law.
JEL Classification:K21, K22, K32, L51, M21
- PhD. candidate Shkodran REXHAJ; Professor Zemri ELEZI
The Progress of Public Administration and Control Mechanisms in Kosovo▼Abstract▼:This study provides a comprehensive examination of the historical development of public administration in Kosovo and legal oversight during the three key periods: 1999-2000, 2000- 2008, and 2008-2023. The post-war period and the establishment of UNMIK as a temporary administration presented significant challenges and fundamental changes for Kosovo. Following the armed conflict, public administration began an intensive process of reforms and modernization during the 2000-2008 period, including training for administrative personnel and revising legislation to improve the efficiency of public services. From 2008 to 2023, administrative structures were consolidated and focused on improving the efficiency and oversight of public administration. Legal oversight has played a crucial role in ensuring legality and transparency in local governance throughout these periods. Thus, this study provides a clear overview of the history and evolution of public administration in Kosovo, highlighting the importance of legality and ongoing oversight as key elements for effective functioning and the protection of public interest. In the context of "Challenges of Sustainable Development in the Region," this study showcases the efforts and advancements of public administration in Kosovo as part of broader efforts to meet sustainable development standards in the Balkan region.
Keywords: historical development, public administration, post-war period, legal oversight, local governance, reforms, modernization.
JEL Classification:K23, H83
- Lecturer Adriana DEAC
Regulation of the Small and Medium-sized Enterprises in European Union Legislation and in National Legislation▼Abstract▼:The current social and economic context has had and continues to have the consequence of adopting new normative acts, especially fiscal regulations, which restrict or limit the fiscal facilities granted to traders. The normative act that we are going to analyze is Law No. 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, respectively Recommendation 2003/361/EC on SMEs at the level of the European Union. As part of a research project carried out by the Faculty of Management within the Academy of Economic Studies in Bucharest, this paper aims to analyze the notion of SMEs, the legal regime of SMEs, both at the European Union level and at the national level and, in particular, the applicable fiscal treatment, considering the “famous 1% tax rate” applicable to microenterprises. The paper aims to critically analyze the legislation in the field using various methods of interpretation, especially logical and grammatical, and to formulate de lege ferenda proposals aimed at returning to the original meaning and purpose of the analyzed normative act, improving the tax treatment applicable to SMEs and increasing their number.
Keywords: small and medium-sized enterprises (SMEs), microenterprise, turnover, microenterprise tax, profit tax, Fiscal Code.
JEL Classification:K22, K33
- PhD. candidate Ardit KRASHI
Verification of Disputed Facts in Criminal Proceedings with the Assistance of Experts▼Abstract▼:The process of proving in criminal proceedings, which always results in a court decision, occupies a central place in that procedure. The truth refers to the complete verification of all relevant legal facts on which the application of substantive criminal law depends by matching the verified factual situation with the actual event that has been deemed a criminal offense. In criminal proceedings, it is often almost impossible to verify important facts without the aid of technical means; hence, the criminal procedure is closely linked to criminalistics, forensic medicine, forensic psychology, forensic psychiatry, and other related fields. For example, today one can think of investigating criminal offences without the application of forensic techniques or the opinion of a forensic psychiatry expert, who is presented in cases where there is a need to verify the mental state of the perpetrator of the criminal offence, etc. All evidence that establishes the facts must be examined and verified at the trial. The court must verify the facts through questioning in court, through questioning the defendant, expert witnesses, etc. Thus, all evidence, including relevant evidence that serves as a basis for the judgment, must be presented orally at the trial.
Keywords: criminal offence, criminal process, expert.
JEL Classification:K14
- Lecturer Ovidiu-Horia MAICAN
New Aspects of Brexit▼Abstract▼:Nine years after the 2016 Brexit referendum, Britons are still divided on their views on their relationship with Europe. Some 31% of voters would vote to return to the EU, while 30% of voters would prefer to see more trade ties with the EU without joining the single market. Meanwhile, 11% wanted to join the single market only, 10% were happy with the current situation, and 9% wanted to reduce the UK’s ties with the EU. Majority of voters now regret Brexit. A growing majority have begun to regret Brexit. In April 2021, when asked if Brexit was the wrong decision, 46% of Britons thought it was the right decision, compared to 43% who thought it was the wrong decision. Since January 2025, the proportion of people who thought Brexit was the wrong decision has risen to 55%, while the proportion who thought it was the right decision has fallen to just 30%. Britons see few benefits from Brexit in 2025. According to a poll conducted in early 2025, 31% of British residents believed that Brexit had a positive impact on the country's ability to make its own laws. However, the majority of the impact of Brexit was seen as negative, especially from an economic perspective. Of those surveyed, 67% believed that Brexit had a negative impact on the cost of living, and another 65% believed that it had a negative impact on the economy in general.
Keywords: Great Britain, Brexit, European Union, European Union law.
JEL Classification:K33
- PhD. student Doris Ijeoma MEGWA
Gender Balance in Corporate Governance▼Abstract▼:Gender balance in corporate boards is an ongoing issue in modern corporate governance and a symbol of a global workplace equality movement. Our discussion centers on corporate board gender balance progression, the challenges of achieving gender equity, and the need for a diverse and inclusive boardroom. Significant advancements have been achieved in recent decades towards accomplishing gender parity in the managerial positions of the business sector. In an effort to boost the number of female directors on business boards, several countries have implemented legal measures including quotas and mandates. These legal measures have been matched by voluntary initiatives by enterprises recognizing the advantages of diverse leadership teams. Proceed to examine the methods for documenting progress; nonetheless, it is essential to recognize that gender disparity persists in several nations and industries. Unconscious prejudice, cultural norms, and restricted access to leadership development opportunities persistently obstruct female progression to board-level roles. The significance of gender balance on corporate boards is paramount. Diverse boards provide a broad spectrum of viewpoints and experiences, which enhances decision-making and improves governance. Studies have consistently demonstrated that organizations with diverse boards have superior financial performance and reflect enhanced creativity. Furthermore, genderdiverse boards are more inclined to tackle gender equality concerns within the firm, promoting a more inclusive corporate culture. This study delves into the global acceptability of gender equality in corporate management, the importance of female presence in corporate board, and what this sequence of trend could mean. It examines the advantages of augmenting Women’s presence on corporate boards, including improved governance, enhanced financial outcomes, and heightened innovation. The paper also examines the challenges and barriers hindering gender equality in boardrooms. Also, it analyzes the level of global acceptance by referring to relevant studies and statistics. Gender diversity in company leadership has become a significant topic of discussion. The underrepresentation of women in boardrooms has raised concerns about gender equality, corporate governance, and organizational performance. This Study strives to emphasize the value of female directorships and assess the global acceptance of this concept. In conclusion, attaining gender parity on corporate boards requires sustained dedication from legislators and organizations. By tackling structural impediments and fostering inclusive practices, boardrooms that authentically represent the varied population they serve may be established, improving company performance and societal welfare. Research methodology used in this paper describes and reviews relevant literatures such as; journals, books and reports to further explore the study.
Keywords: gender balance, board diversity, corporate board structure, leadership and company performance.
JEL Classification:K22, K38
- PhD. student Elda SHURDHI
The European Union’s Policy Framework on Children’s Rights and Its Influence on National Legal Reforms in Albania▼Abstract▼:The European Union's policy framework for children's rights and its impact on national legal reforms in Albania is one of the main aspects analyzed in this paper through a detailed review of EU legal instruments and strategic documents, such as the Charter of Fundamental Rights of the European Union and the EU Strategy for the Rights of the Child (2021–2024). This paper aims to understand the ways in which these standards are reflected in Albanian legislation and public child protection policies through a combined qualitative and quantitative approach by analyzing legal acts, policy documents and statistical data for the period 2014–2022. As a result of this paper, a significant and significant increase in legal approximation with European standards, an increase in the budget for child protection and an improvement in reporting and institutional coordination mechanisms are verified, but all these positive elements are faced with problems and numerous difficulties in terms of practical implementation of laws as a result of insufficient financial resources and administrative capacity limitations. A very important factor is also the weak inter-institutional cooperation. So even though the European Union has a key role in promoting new legal reforms, many challenges remain in their sustainable implementation, highlighting the importance of strengthening institutions, continuous monitoring and raising public awareness of children's rights.
Keywords: European Union, children's rights, legal reform, European integration, institutional protection of children.
JEL Classification:K33, K38
