Acta Universitatis Danubius. Juridica https://www.dj.univ-danubius.ro/index.php/AUDJ <p><strong>Recognized by CNCSIS B+ Category</strong><br /><strong>Frequency:</strong> 3 issues per year (31 March, 31 August, 30 November)<br /><strong>Print ISSN: 1844-8062</strong><br /><strong>Online ISSN: 2065-3891</strong></p> en-US <p>The author fully assumes the content originality and the holograph signature makes him responsible in case of trial.</p> cristinaelenapopa@univ-danubius.ro (Cristina Popa Tache) danubiusjournals@univ-danubius.ro (Geanina Iovu) Sun, 30 Nov 2025 00:00:00 +0000 OJS 3.3.0.12 http://blogs.law.harvard.edu/tech/rss 60 Abortion: a Legal Privilege or a Criminal Offense https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3787 <p>The Commission's ruling represents a beginning in the delicate area of abortion. Since a binding Directive could not be issued to all Member States if they were strongly opposed for religious reasons, the existence of some states in the EU that have incriminated abortion meant that this area was circumvented long after the EU's legislative consolidation. The European Parliament's April 11 directive, which covers fundamental human rights (2024/2655(RSP), marked the beginning of the examination of the ability of executing abortions as a right under the European Union's Charter of Fundamental Rights. Recommendations and approaches: As a clear violation of a basic right, abortion was denounced by European nations when they ratified the ECHR. The fetus therefore has the same rights as an adult, it can be stated. Later, the right to dispose of one's own body was compared to that of an adult, and the European Convention on Human Rights placed more emphasis on a more lenient stance toward fetal protection. Results and consequences: Acknowledgment of the significance of people's capacity to exercise this right, to manage their health from this perspective, and to establish the circumstances in which women can exercise this right to a healthy life. The full liberty and choice granted to women and those with reproductive capability is in line with the 2011 Istanbul European Convention on Combating Violence Against Women, which the European Union adopted in the middle of 2023.</p> Adriana Iuliana Stancu Copyright (c) 2025 Adriana Iuliana Stancu https://creativecommons.org/licenses/by-nc/4.0 https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3787 Sun, 30 Nov 2025 00:00:00 +0000 The Constitutional Evolution of Romanian Education in 1866-1965 in the Romanian Space https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3647 <p>The evolution of society in the Romanian space is also important from the perspective of analyzing the constitutional evolution of education during the period 1866-1965. Romanian education has undergone a long and complex constitutional process over a century, marked by cultural, political, and economic interests. From Cuza’s educational reforms, continuing with the assertion of Romanian state sovereignty, through the two wars, and culminating with the establishment of the communist regime, education in the Romanian space has evolved, ensuring educational development and achieving its most significant accomplishments. The gradual nature of the evolution of Romanian education has led to a decrease in illiteracy, a reshaping and development of the architecture of educational logistics, and the professionalization of teaching staff, all under the state’s requirements characteristic of each Constitution adopted between 1866 and 1965. Education within the education system lays the foundation for social cohesion and, implicitly, its development.</p> Ion Guceac, Tincuta Vrabie Copyright (c) 2025 Ion Guceac, Tincuta Vrabie https://creativecommons.org/licenses/by-nc/4.0 https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3647 Sun, 30 Nov 2025 00:00:00 +0000 Murder cases in the Republic of Kosovo (2020-2024): Classifications, trends and legal framework https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3503 <p>Murder serves as a critical indicator of social dysfunction, where crime often replaces lawful conflict resolution. This study examines murder cases in the Republic of Kosovo from 2020 to 2024, analysing the patterns that lead to these murders over time. The research further evaluates the system of murder cases while comparing them to the current legal framework. The approach in this research uses a mixed-method approach, which includes interviews with the national police, media reports, police records, a legal framework, and analysis of psychological tendencies followed by offenders or potential offenders. The objective of the research is to understand murder as a pattern of violence and further distinguish between the different types of murders. The findings indicate a decline in completed murders, implying a shift in attempted murder, indicating that the attempted murders are not premeditated but occur impulsively, often in the heat of the moment, during interpersonal conflicts rather than organised planning or criminal enterprise. The study builds on criminological theories of violent crime and legal studies on murder cases in Kosovo, offering a perspective on murders. This study aims to contribute to criminological research and provide policy recommendations in legal and law enforcement responses to such crimes.</p> Greta Daci Copyright (c) 2025 Greta Daci https://creativecommons.org/licenses/by-nc/4.0 https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3503 Sun, 30 Nov 2025 00:00:00 +0000 The Limits of Applying the Right of Preemption. The Subtle Delimitation Between the Use of Legal Exceptions (Datio in Solutum / Payment in Kind) and Fraud against the Law Through Contractual Disguise https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3751 <p>The right of preemption is a legal or conventional limitation on the owner's right of disposition, aimed at protecting legitimate interests (agricultural, cultural, co-ownership). According to Article 1730 of the Civil Code, it applies exclusively in case of sale. Its scope of application, although clearly defined by law, raises major issues at the intersection with other mechanisms of patrimonial transfer, as well as in the face of fraudulent intentions of the parties. This article aims to analyze two categories of situations that seem to circumvent preemption but require an essential distinction: on the one hand, legal exceptions (acts that are not sales by their nature, such as datio in solutum / payment in kind) and, on the other hand, fraud against the law (acts disguised as other legal operations, but which conceal a sale)."</p> Gabriela Teodoru Copyright (c) 2025 Gabriela Teodoru https://creativecommons.org/licenses/by-nc/4.0 https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3751 Sun, 30 Nov 2025 00:00:00 +0000 International Best Practices and Related Aspects of the Regulation and Supervision of Banks in Zimbabwe https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3572 <p>There are various organisations that provide international best practices and guidelines for the regulation and supervision of banking institutions globally. These best practices and guidelines provide recommendations on how banks should conduct their business to, inter alia, promote deposit insurance and deposit protection for the benefit of all financial consumers. For the purposes of this article, selected international bodies and/or organisations that provide some recommendations to enhance the regulation of banks in Zimbabwe, such as the Basel Committee on Banking Supervision (BCBS), the Financial Stability Board (FSB), the International Monetary Fund (IMF), the Committee on Payments and Market Infrastructures (CPMI), the International Association of Deposit Insurers (IADI), the Financial Action Task Force (FATF), the Central Bank Governance Forum (CBGF) and the Committee on the Global Financial System (CGFS) are discussed. The bodies provide some recommendations that could be utilised to curb various challenges that affect banks globally. In Zimbabwe, such challenges include the poor assimilation of technology in banks, the lack of adequate staff in banks with the relevant expertise and the lack of sufficient financial resources to effectively enforce banking laws. Accordingly, it is submitted that the relevant authorities should utilise the recommendations that are developed by the stated international bodies to improve the regulation and supervision of banks and related financial institutions in Zimbabwe.</p> Menelisi Ncube, Howard Chitimira Copyright (c) 2025 Menelisi Ncube, Howard Chitimira https://creativecommons.org/licenses/by-nc/4.0 https://www.dj.univ-danubius.ro/index.php/AUDJ/article/view/3572 Sun, 30 Nov 2025 00:00:00 +0000