ARTICLES PUBLISHED BY GIANINA POROŞNICU

covid-19

COVID 19

We should be reasonable in such situations. Some people may be located at the opposite pole and may feel confuse because of the infodemic, respectively the exceeding flow of information that can sometimes be contradictory, from very many sources, including the ones that offer "fake news”, e.g. the news that people are not allowed to get out in quarantined towns. In this w [...]

transgender-between-tabu-and-respecting-a-right

TRANSGENDER, BETWEEN TABU AND RESPECTING A RIGHT

We dare today to approach a topic that is still tabu, but that can be found in the Romanian courts, hence it cannot be ignored. It is estimated that 0.2 – 0.6 % of the general population consider themselves as a transgender, being also the category with one of the lowest rates of depression (approximately 62%), suicide or self- injury.   The progress of medicine, p [...]

the-detention-conditions-in-the-light-of-the-european-convention-of-the-human-rights

THE DETENTION CONDITIONS IN THE LIGHT OF THE EUROPEAN CONVENTION OF THE HUMAN RIGHTS

​AUTHORESS: Criminal law solicitor, Poroșnicu Gianina Vera (National Union of Law Bars Romania – Law Bar Iași) We propose below a brief list of the detention conditions, the European standards with which they have to comply, respectively the brief presentation of several cases where Romania was charged by the Court of Strasbourg for the failure to fulfil this obligation [...]

master-centered-violence

MASTER-CENTERED VIOLENCE

The ascendent used as a weapon in the communication. The tyrant magistrate, the dehumanized doctor, the demanding teacher etc.​AUTHORESS: Criminal law solicitor, Poroșnicu Gianina Vera (National Union of Law Bars in Romania – Law Bar in Iași) The master-centered practice that dominated the institution halls for centuries is found in more or less obvious shapes even today [...]

is-the-judge-constrained-by-the-evidence-of-the-case-or-not

IS THE JUDGE CONSTRAINED BY THE EVIDENCE OF THE CASE OR NOT ?

In case of pronouncing a solution that does not rely on the evidence, are we talking about culpa in agendo (fault by action) or culpa in omittendo (fault by omission)? AUTHORESS: Criminal law solicitor, Poroșnicu Gianina Vera (National Union of Law Bars in Romania – Law Bar in Iași) It is well-known that a judge pronounces a certain solution only after being convinced b [...]

nonviolent-violence

NONVIOLENT VIOLENCE

A series of articles written lately and a certain kind of press called: “scandal press”, ”press by order”, ”flattering press” determined me to think about “the violence concept” and that can clearly fall under the incidence of the civil law.
 In the circumstances in which the insult and the slander were to be penalised, the c [...]

traditional-and-cybernetic-harrassment

TRADITIONAL AND CYBERNETIC HARRASSMENT

TRADITIONAL AND CYBERNETIC HARRASSMENT Scientific trials on the impact of harrassment in the online environment AUTHOR: Criminal law solicitor, Poroșnicu Gianina Vera (National Union of Law Bars in Romania – Law Bar Iași)   The antimafia prosecutors are making an investigation in a school in Buzău for a pornography case. A 12-year-old girl distributed to all the [...]

INTERGENERATIONAL AND INTRAGENERATIONAL EQUITY AND COMPENSATION IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT

Economical and juridical aspects The definition of sustainable development induces the notion that its achievement becomes feasible only when between generations and within the same generation an associative spirit, tolerance, solidarity and mutual care can develop and ensure that the wellbeing of one must never, in any way, harm the other person’s wellbeing. In other wo [...]

THE SOURCE OF LAW AND THE RULE OF LAW ACCORDING TO FRIEDRICH VON HAYEK

With two doctoral degrees, one in law (1921) and the other in social sciences (1925), a Noble prize for economy (1974) and a diverse, broad written work, Friedrich von Hayek (1899-1992) remains one of the great thinkers of the 20th century. Hayek was a wide-ranging, eclectic personality, with multidimensional scientific approaches, reclaimed by jurists, philosophers, economis [...]

SUSTAINABLE DEVELOPMENT AND THE ENVIRONMENTAL POLICY

Juridical and economic approaches of liberalism in this domain Traditional liberal philosophy on environmental policies is supported by two main principles: a) Ecology does not target human relations with the environment, but also the relationships between people and their use of goods belonging to the environment; b) Liberal state possesses only one tool at disposal for r [...]

Mass Media

PAULA BULGARU NUN TRIAL

THE NEWSPAPER “MONITORUL DE IASI” dated 20 October 2001 THE METROPOLITAN PRIEST THINKS THAT THE JUDGES MADE A BIG MISTAKE The [...]