ISSN 2285-5076

Human Rights in Law Enforcement

PEER-REVIEWED SCIENTIFFIC JOURNAL

Volume VI, Issue

Human Rights in Law Enforcement

REVIEWED SCIENTIFFIC JOURNAL

Issue 2 (2 of 2017)

Human Rights in Law Enforcement

”ALEXANDRU IOAN CUZA” POLICE ACADEMY

HUMAN RIGHTS IN LAW ENFORCEMENT

ROMANIA

”ALEXANDRU IOAN CUZA” POLICE ACADEMY

ISSN 2285 – 5076

HUMAN RIGHTS IN LAW ENFORCEMENT

2nd

Issue / 2017, Volume VI

December 2017

”ALEXANDRU IOAN CUZA” POLICE ACADEMY

HUMAN RIGHTS IN LAW ENFORCEMENT

Human Rights in Law Enforcement 2/2017

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Human Rights in Law Enforcement 2/2017

EDITORIAL BOARD

A. MANAGEMENT AND QUALITY ASSURANCE

Editor-in-chief: Prof. Bogdan TONEA PhD. - Alexandru Ioan Cuza Police Academy

Quality manager: Lect. Georgică PANFIL PhD. - Alexandru Ioan Cuza Police Academy

B. SCIENTIFIC COUNCIL (EVALUATORS & REVIEWERS)

President of scientific council:

Prof. Adrian IACOB, PhD – Alexandru Ioan Cuza Police Academy

Members: Mihai FLOROIU Phd. - Dunărea de Jos University, Galati

Valeria GHEORGHIU PhD - Alexandru Ioan Cuza Police Academy

Bogdan TONEA PhD. - Alexandru Ioan Cuza Police Academy

Alexandru MĂGUREANU PhD. - Alexandru Ioan Cuza Police Academy

Cătălin VASILE, Phd. – Alexandru Ioan Cuza Police Academy

Andreea CIRCIUMARU, PhD.- Alexandru Ioan Cuza Police Academy

David UNGUREANU, PhD. – Alexandru Ioan Cuza Police Academy

Laura MACAROVSCHI PhD. - Alexandru Ioan Cuza Police Academy

Georgică PANFIL PhD. - Alexandru Ioan Cuza Police Academy

Victor DRAGHICI PhD. - Alexandru Ioan Cuza Police Academy

Sergiu VASILE PhD. - Alexandru Ioan Cuza Police Academy

Cosmin CERNAT PhD. - Alexandru Ioan Cuza Police Academy

C. HONORARY MEMBERS prof. Gheorghe POPA PhD. - Alexandru Ioan Cuza Police Academy

prof. Andrei JURA PhD. - National Council Against Discrimination

prof. George-Marius TICAL PhD. Alexandru Ioan Cuza Police Academy

prof. Cristian POPESCU PhD. - Alexandru Ioan Cuza Police Academy

Deputy editor-in-chief Andreea CIRCIUMARU PhD.- Alexandru Ioan Cuza Police Academy

Editors: Amelia DIACONESCU Phd.- Spiru Haret University

Loredana PIRVU PhD.- Alexandru Ioan Cuza Police Academy

Viorel VELISCU PhD. – Alexandru Ioan Cuza Police Academy

Mihaela VISAN PhD. – Alexandru Ioan Cuza Police Academy

Marius ANDRITA – National Police Inspectorate

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Human Rights in Law Enforcement 2/2017

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Human Rights in Law Enforcement 2/2017

TABLE OF CONTENTS

Human rights protection during UK and North Ireland

judicial system reform Bogdan ȚONEA phD ………………8

Victims of the Use of Armed Force Ion DRAGOMAN, phD. David UNGUREANU, phD .……….15

Violence and migration Deniss MEMET, phD.student , Țuțu PIȘLEAG, phD ……….24

The graduates of the Police Academy in the form

of part time education and Law no. 118/2017 Adrian BĂNCILĂ, phD ………….31

The right to retire after termination of service or on retirement Ioana ȚONEA ………………39

5

Human Rights in Law Enforcement 2/2017

CUPRINS

Protecția Drepturilor Omului în raport cu reforma autorității judecătorești în Regatul Unit Al Marii Britanii și Irlandei De Nord

Bogdan ȚONEA phD ……… 8

Victimele utilizării forţei armate Ion DRAGOMAN, phD. David UNGUREANU, phD ……….15

Violență și migrație

Deniss MEMET, phD.student , Țuțu PIȘLEAG, phD .…….24

Absolvenții Academiei de Poliție la forma de învățământ

cu frecvență redusă și Legea nr. 118/2017 Adrian BĂNCILĂ, phD .. ..….31

Dreptul la pensie după încetarea raporturilor de serviciu

sau la trecerea în rezervă Ioana ȚONEA .…… 39

Human Rights in Law Enforcement 2/2017

HUMAN RIGHTS IN LAW ENFORCEMENT

Scientific Journal published by Alexandru Ioan Cuza Police Academy Issue 2 of 2017 (July -December)/Volume VI ISSN 2285 – 5076

Human rights protection during UK and North Ireland judicial system reform/

Protecția Drepturilor Omului în raport cu reforma autoritățiijudecătorești în

Regatul Unit Al Marii Britanii și Irlandei De Nord

Bogdan ȚONEA phD.1

Content description

(Eng.):

In the British legal system, the judicial function is fulfilled by a variety of bodies at

various levels and in relation to specific cases. The main functions of "Courts” are: to

"declare" right where Parliament was not explicit enough; to prevent any tendency to

authoritarianism applying the law impartially and independently, without any interference

from anyone; to decide disputes between citizens; to provide the means by which, as far

as possible, an injured person to obtain reparation for damages. The Human Rights Act

1998, the European Convention on Human Rights was incorporated into national law.

This has had an impact on several areas of the British legal system.

Keywords: Human Rights Act, British judicial system, Judicature Acts

Article info: Received:06/11/2017 Approved:15/11/2017 Pages/ words: 6/3922

Contents

1. Introduction

2. Judicature Acts

3. Regulation regarding Human Rights in 1998

4. General aspects about Scotland and North Ireland

5. Conclusions

6. Bibliography

1Alexandru Ioan Cuza Police Academy, Romania, Public Law Department, bogdan.tonea@academiadepolitie.ro

Human Rights in Law Enforcement 2/2017

HUMAN RIGHTS IN LAW ENFORCEMENT

Scientific Journal published by Alexandru Ioan Cuza Police Academy Issue 2 of 2017 (July -December)/Volume VI ISSN 2285 – 5076

Victims of the Use of Armed Force/

Victimele utilizării forţei armate

Ion DRAGOMAN, phD.2, David UNGUREANU, phD.

3,

Content description

(Eng.):

The natural, psychological and social condition of human beings forces people to be in

touch with the environment, in which they maintain relationships that they are trying to

control in order to improve their lives. But it is not always the mastery of the natural and

social environment, so that in all times there have also been victims of human relations

with nature or its peers, which has forced organized societies to put in place effective

measures to avoid, prevent, mitigate and combat the consequences Unfavorable to

unforeseen or intentional events, the purpose of which is the legal protection of those who

may suffer from them. The understanding of the complexity of this historical and

objective phenomenon implies the successive analysis of the concept of "victim" in

national and international law, as well as the mechanisms of protection of the victims of

the crimes and the abuse of power, as well as the specific characteristics of the victims of

the armed conflicts and the protection granted to them.

Keywords: Victims, victimology, abuse, crimes, armed conflicts

Article info: Received: 23/10/2017 Approved: 31/10/2017 Pages/ words: 6/3097

Contents

1. Introduction

2. Victims in the domestic law of states

3. Victims in international law

4. Victims of armed conflicts

5. Conclusions

6. Bibliography

2 PhD supervisor, "Carol I" National Defense University, iondragoman@yahoo.com 3 Associate Professor, "Alexandru Ioan Cuza" Police Academy, davidungureanu2008@yahoo.com

Human Rights in Law Enforcement 2/2017

HUMAN RIGHTS IN LAW ENFORCEMENT

Scientific Journal published by Alexandru Ioan Cuza Police Academy Issue 2 of 2017 (July -December)/Volume VI ISSN 2285 – 5076

Violence and migration /

Violență și migrație

Deniss MEMET4, Țuțu PIȘLEAG,

5

Content description

(Eng.):

The European migrant crisis or European refugee crisis began in 2015, when a rising

number of refugees and migrants made the journey to the European Union (EU) to seek

asylum, traveling across the Mediterranean Sea or through Southeast Europe.. They came

from areas such as Western and South Asia, Africa, and the Western Balkans.

Contemporary migration flows create deep processes of acculturation whose consistency,

stability and finality are based on a symbolical and subjective arsenal, represented by the

democratic values promoted by the Western world. Besides the demographic and

economic changes brought by the current population movements (real or virtual) there is

also a notice able cultural change which affects the depths of societies (regardless of

whether these movements are emigrations or immigrations) and which refer to the birth

or the consolidation of a lifestyle based on the aspiration to prosperity, personal freedom

and democracy, beyond racial, ethnic, religious, etc. differences.

Keywords: violent extremism; asylumseekers; refugees; migration; integration.

Articleinfo: Received: 12/09./2017 Approved:14/11/2017 Pages/ words:7/2899

Contents

1.Introducere

2. Definiții

3. Migrația și extremismul violent

4. Violența extremă ca un motor al deplasării și migrației

5.Riscul de infiltrare a violenței extremiste în rândul azilanțior și a fluxurilor de migranți

6.Migranții, extremismul violent și excluderea socială

7.Concluzii

8.Referințe bibliografice

4Alexandru Ioan Cuza Police Academy, Romania, doctoral student memet.deniss@gmail.com. 5Alexandru Ioan Cuza Police Academy, Romania, doctoral supervisor tutu.pisleag@yahoo.com

Human Rights in Law Enforcement 2/2017

HUMAN RIGHTS IN LAW ENFORCEMENT

Scientific Journal published by Alexandru Ioan Cuza Police Academy Issue 2 of 2017 (July -December)/Volume VI ISSN 2285 – 5076

The graduates of the Police Academy in the form of part time

education and Law no. 118/2017 / Absolvenții Academiei de Poliție la

forma de învățământ cu frecvență redusă și Legea nr. 118/2017

Adrian BĂNCILĂ6

Content description

(Eng.):

Military career requires a beginning and an end. In military, the phrase used in the

administrative act, which completes an entire career, is "switching in reserve", and for

police officers the expression "ending of service relations" is used. There are no

significant differences between the two operations, even the legislator wants to

distinguish between the two professional categories, the military and police officers or

civil servants with special status, but the way which they are entitled to the pension is laid

down in a single normative act , respectively Law no. 223 of July 24, 2015

Keywords: public order, police officers, military oficers, retirement, right to pension

Article info: Received: 16/10/2017 Approved: 09/11/2017 Pages / words: 7 / 2733

Contents

1.Introduction

2.Brief presentation of the legal and factual context of interest for this study

3. Controversies regarding the situation of police officers graduating from the Police Academy

in the low frequency form.

4.Brief view on art. II of Law no.118/2017

5.Instead of conclusions. Criticisms, observations and proposals on the legislative solution

enshrined in art. II of Law no. 118/2017

6.Bibliography

6 Alexandru Ioan Cuza Police Academy, Romania, Public Law and Public Administration Department, adrianbancila@gmail.com

Human Rights in Law Enforcement 2/2017

HUMAN RIGHTS IN LAW ENFORCEMENT

Scientific Journal published by Alexandru Ioan Cuza Police Academy Issue 2 of 2017 (July -December)/Volume VI ISSN 2285 – 5076

The right to retire after termination of service or on retirement/ Dreptul la pensie după încetarea raporturilor de serviciu sau la trecerea în rezervă

Ioana ȚONEA,7

Content

description

(Eng.):

Military career requires a beginning and an end. In military, the phrase used in the

administrative act, which completes an entire career, is "switching in reserve", and for

police officers the expression "ending of service relations" is used. There are no

significant differences between the two operations, even the legislator wants to

distinguish between the two professional categories, the military and police officers or

civil servants with special status, but the way which they are entitled to the pension is laid

down in a single normative act , respectively Law no. 223 of July 24, 2015.

Keywords: public order, police officers, military oficers, retirement, right to pension.

Article info: Received: 17/10/2017 Approved:08/11/2017 Pages / words: 6 / 2435

Cuprins:

1. Introducere

2. Forme de pensionare la termen pentru militari și polițiști 3. Pensia de invaliditate

4. Dreptul de opțiune pentru pensie

5. Referințe bibliografice

7Ioana ȚONEA – human resources specialist at Ministery of Internal Affairs, ioanatonea@yahoo.com