JOURNAL OF CRIMINAL INVESTIGATION - cij.rocij.ro/revista/Journal_9.pdf · Semestrial publication under IPA Romania ... which, in Greek, means town. ... institution in the “Legal

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ISSUE 1/2011 „ALEXANDRU IOAN CUZA” POLICE ACADEMY

JOURNAL OF CRIMINAL INVESTIGATION

Volume V Issue 1/2012

SPECIAL EDITION

- The Journal is indexed in the EBSCO international database -

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ISSUE 1/2012 JOURNAL OF CRIMINAL INVESTIGATIONS

The Magazine is published with the support of the Police Department from A.I.Cuza Police Academy

Semestrial publication under IPA Romania Address: Bucharest, Şos. Olteniţei, 158 – 160, Sector 4, 041323

Tel. 0213321754, 0213321756

w w w . c i j . r o ; w w w . i p a r o m a n i a . r o / r i c

ISSN 2247 – 9503

Director Prof. Ph. D. COSTICĂ VOICU

Scientific Board: MAURICE PETIT Prof. Ph.D. LIGIA NEGIER DORMONT "Police College Bruxeles" Université Pantéon, Paris

NORBERT LEITNER PETER LAMPLOT Rector of the Academy of Security Vienna Reader of the Academy of Security Vienna

Prof. Ph.D. ION DOGARU Prof. Ph.D. LAZĂR VLĂSCEANU Member of the Romanian Academy Bucharest University

Prof. Ph.D. OVIDIU PREDESCU Prof. Ph.D. ROMIŢĂ IUCU Faculty of Law "Simion Bărnuţiu" Pro-rector of Bucharest University

Prof. Ph.D. TEODOR FRUNZETI Prof. Ph.D. GHEORGHE TOMA Rector of the National Defense Deputy Rector of the National Intelligence University "Carol I" Academy "Mihai Viteazul"

Prof. Ph.D. GHEORGHE POPA Prof. Ph.D. MIHAIL VASILE OZUNU Director I.S.O.P. State Secretary, Ministry of Defence

Prof. Ph.D. ADRIAN LIVIU IVAN Prof. Ph.D. MARIAN PREDA "Babeş Bolyai" University, Cluj-Napoca Bucharest University

Lecturer Ph. D MIHAELA FLORENTINA PRUNĂ Prof. Ph.D. NICOLETA DIACONU Dean of the Law Faculty, Romanian-American "A.I.Cuza" Police Academy University of Bucharest

Assist Lecturer Ph.D. IOAN LIVIU TĂUT Police Quaestor Ph.D. LIVIU POPA Rector of the "A.I.Cuza" Police Academy Chief of Romanian Police

Prof. Ph.D. FLORIN SANDU Police Quaestor Ph.D. PETRE TOBĂ Lawyer of the Deputy Secretary General Ministry Bucharest Bar Association of Interior

Prof. Ph.D. VLAD BARBU Prof. Ph.D. IOAN DASCĂLU

Prof. Ph.D. ALEXANDRU BOROI Eng. Ph.D. IULIAN MEDREA

Editorial Committee: Chief Editors: Prof. Ph.D. ŞTEFAN EUGEN PRUNĂ

Deputy Editor: Lecturer Ph.D. LAURENŢIU CONSTANTIN GIUREA Editorial Secretary General: Assist. Lecturer Ph.D. MARIUS CEZAR PANTEA

Editors: Assist. Ph.D. Sergiu A. VASILE Assist. Lecturer Ph.D. Claudiu M. ŢUPULAN Assist. Ph.D. Mihail P. MARCOCI Assist. Lecturer Ph.D. Gheorghe POPESCU Assist. student Ph.D. Amalia NIŢU Assist. Lecturer Ph.D. Laura MAIEREAN Assist. Ligia STANCU Assist. student Ph.D. Ioan-Cosmin MIHAI Ph.D. Dan BUCUR Assist. Lecturer Ph.D. Nicolae GROFU

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Dear Colleagues, The Day of the Romanian Police offers me the opportunity to send you the

best thoughts and wishes for success in your work. I congratulate you, first, on the special efforts you have made in

performing your duties in order to ensure a climate of order, safety and social peace in the communities where you carry out your activities.

I have full confidence in the ability to provide valued opportunities, to demonstrate that the Romanian Police is a valuable force with European vocation.

I am convinced that every police officer will prove availability to a prolonged effort, that he will demonstrate knowledge, experience and good negotiating skills in relation to citizens, that will professionally manage any conflict and will have a fair attitude to politics and that all your efforts will give the profession of policeman in the community service its highest value.

As professionals in the law field we have to meet people's legitimate interests, to detect and even anticipate the problems they face, showing solicitude and respect towards them.

The relation with the community we serve, communication and cooperation with citizens in solving their problems will give us confidence, respect and public support.

I wish you all and your family’s good health, happiness and success in your work!

Yours,

Prosecutor MARIUS IACOB,

First Deputy of the Romanian General Prosecutor

25 March 2012

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Dear Colleagues, On the Romanian Police Day, the representatives of the Romanian Section

of the International Police Asociations send you all the kindest thoughts and appreciation for the work you perform in the spirit of justice.

A warm thought, as well, from the editorial board of the Journal of Criminal Investigation which has become a valuable publication for all of you involved in research activities related to preventing and combating crime.

Long Live the Romanian Police,

(Retired) Major General Prof. Ph.D. COSTICA VOICU

President of the International Police Association – Romanian Section

25 March 2012

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THE SPEECH OF

THE GENERAL INSPECTOR OF ROMANIAN POLICE, Police Quaestor Ph.D. LIVIU POPA

on the Anniversary of the Romanian Police Dear police men and police women, This special day, March 25th - the Anniversary of the Romanian Police, has given

me the opportunity to address you, all police members, who are on duty every day, ensuring the normal, peaceful and safe environment that the Romanian Nation needs.

On the 190’th Anniversary of the Romanian Police, I want to give you my warmest and sincerest thoughts, together with my deep appreciation, to you and your families.

My dear colleagues, I want to thank you for all the success-filled activities that you have achieved throughout the past year. I will specifically underline here that, in our joint efforts, we have managed to dismantle three times as many organised criminal groups as in the previous year and we have significantly decreased the number of serious crimes, like manslaughter, rape and assault. These impressive results, your results, wouldn’t have been possible if it hadn’t been for the unconditional support of your families. Having that in mind, I want to thank them for their constant assistance and encouragement.

Being part of the police has never been and never will be easy and risk-free. We have to continue our hard work, because we are the ones that have to make sure that our children have a safe and peaceful life. We have to believe in our results. And we have to work even harder to stop crime. Nonetheless, I know that the public opinion is putting constant pressure on the members of the Police, because in fighting crime, it’s us who have to have the fastest and most effective response.

I am confident that your constant contribution will live up to citizens’ expectations, day by day, and with them we can build a modern society, in line with the European and international safety and public order requirements.

Thank you, my dear colleagues, for your devotion, commitment and selflessness and may your year be filled with professional and personal satisfaction, health and happiness!

HAPPY ANNIVERSARY!

Bucharest, 25 March 2012

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ROMANIAN POLICE P A S T – P R E S E N T – F U T U R E

„The police is the life, it is the public order, it is the law exclusively committed to maintaining the peace of the town, it is the good

governance of the city, the support given to people’s life, the first and most valuable good of all goods. ”

Cicero (106-43 B.C.)

The Police is one of the oldest institutions entrusted by the state with ensuring

public order. The history of the police institution fades away in times long forgotten. The police seems to have been established within society since towns have

appeared, wherefrom its name derives – “police” derives from the word “polis” which, in Greek, means town. In the ancient times, for the Greeks, the Romans, or other nations, the Police was equal to the state, as those public servants dealing with administration were called police servants. Therefore, as far back as those times, the police was associated with the state administration. Only later did the Police separate from the other branches of public service; it became a fairly important sector, tasked with the difficult responsibility of being the supreme, almighty supervisor entitled to approve of and control all life manifestations of the citizens.

Attestations about Wallachia record the existence, in the 16th century, of a high official, called the “Great justice of peace” Ro: “Marele Vornic”, who was a royal court dignitary with administrative, military and judicial duties. His authority was exercised over the whole principality. Later documents show that the Great justice of the peace had the right to call even Bucharest inhabitants to his act of judging. In fulfilling his tasks, the dignitary had several subordinates, called “justices of the peace” (vornici) and “subordinated justices of the peace” (vornicei). As guardian of the Royal Court, the Great justice of the peace had among his subordinates the “hunters’ captain” (vătaful de vânători), the great- grandfather of the police today. He was the chief of more than 500 people whose responsibilities, apart from those related to guarding the Court, also referred to obtaining the game prepared as venison for the ruler’s table. As an exceptional favor, the ruler (Ro: voievod) granted

Bucharest - center

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Agha Matei Basarab, the most avid founder of chuches in Wallachia, agha between 1628-1632

and ruler between 1632-1654.

The first Police Flag, handed in 1822 to Agha Mihăiţă Filipescu

the hunters’ captain the right to sell whatever game was in surplus, at the town’s marketplace. Since the game exceeded the Court needs, the hunters’ captain became also the supervisor of the selling price of this game. In time, his missions were extended to supervising the loafers, the troublemakers, the inns, the foreigners and so on, which meant all the tasks later forming the very essence of police missions. The hunters’ captain, also chief of the police, was given the Turkish name of agha (Ro: agă) or police prefect, while still keeping, for a period of time, the entitling of hunters’ captain. Neagoe Basarab- later to become ruler of Wallachia- is the first captain known in our history to have performed the above- mentioned tasks as part of the position he occupied during the reign of Radu the Great (1495-1508).

The name agha is also found later for military leaders. Thus, during the reign of Michael the Great, a certain agha Fărcaş appears (Father Fărcaş from Fărcăşani, Romanaţi). In time, “agha” becomes a boyar title, part of the 2nd class of great boyars. In enforcing his responsibilities, agha, as head of the police, was helped by the foot soldiers’ captain, after previously dividing the police tasks.

During the Phanariot rulers (1711-1821), “Agia” (administrative body of police) knew extensive development, especially during the reign of Alexandru Ipsilanti (1775-

1782), who applied great reforms in all the domains and decreed Agia a state institution in the “Legal Chronicle”. In 1775, the centre of Bucharest city, which was under the supervision of the Agia, was divided into five small districts, led by a servant nominated administrative head of the district, also called sheriff or “zapciu”, in the Turkish fashion. It is this that could be considered, in fact, the first “organizer of the Police”. Later on, the territory of the country was divided into counties, led by subprefects, helped by the “small district sheriffs of the plains” (Ro: zapcii de plasă pentru şes) and “sheriffs of the mountain regions” (Ro: vătafi de plai de munte).

After the revolution of Tudor Vladimirescu and the overthrowing of the Phanariot rulers, the first autochthonous ruler of Wallachia, Grigorie Dimitrie Ghica (1822-1828), in acknowledgement of the role and place of the Agia institution, awarded it, as far as the year 1822, the first battle flag mentioned in the history of the Police.

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Following a project proposed by the great agha Costache Cantacuzino, the first

law of the state Police was drafted, under the name of “ Organisation of the Police and its duties”, in which the missions of the institution are specifically established for the first time. It is the first law regarding the organization of the modern Romanian police. The Fundamental Regulations and a Police law were adopted in Moldavia, with a few months delay from Wallachia, due to an interruption in the works of the People’s Assemble as a result of the spreading of the plague epidemic.

The works were resumed in August 1831 and ended at the end of October, which triggered the entering into force of the new Constitution and of the first law of the Police in Moldavia on January 1st 1832. The Police of the two principalities regulated its activities on the basis of these laws until the beginning of 1850.

On the 9th of June 1850, in Moldavia, one of the most comprehensive laws of the Police was elaborated, known in history as the “Police Chronicle”. It reported about the Romanian Police. The principles of this law extended to Wallachia, as well, especially with the administrative unification of the two principalities. Until then, the ruler Barbu Ştirbei (1849-1856) made some reforms in the field of police, especially during 1852. In 1859 in Bucharest the Prefect’s Office of the Capital City Police was established.

The activities of the Police were organized on the basis of these laws, with some amendments, until the year 1903, when Vasile Lascăr, a political figure in the full sense of the word, Minister of Interior at that time, founded a new law for the reorganization of the institution. This was one of the main laws of the Police, by means of which the great politician sought to liken the police servants to the magistrates, with a

Bucharest, 1842. View from the burnt-down court. The Agia Tower in the background.

Policeman 1850

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Typewriter and desk kit which belonged to a police prefect

Prefect’s Office of the Capital City Police Prefectura Poliţiei

view to introducing differing elements within the police. His wish was to make of the administration a second magistracy. Vasile Lascăr issued this law in the hope of a reorganization of the Police and wishing to provide the state with a sound institution, capable to ensure its order. He tried to rid the police of the political, economic or other interests. To this aim, he addressed the Parliament: „How, in your opinion, can a society develop and a state be strengthened, without there being first guarantee of public order and internal safety?”.

In 1913, Take Ionescu, Minister of Interior in the Conservatives Cabinet led by Titu Maiorescu, granted a higher stability to police servants, in the sense that the latter could be dismissed only following a decision taken by the Committee of Discipline.

After the Great Unification of the 1st of December 1918, the difficult task of beginning the country’s administrative reorganization was assigned to the first Minister of Interior of Great Romania, Constantin Argetoianu, author of an administrative reform both in the old territories and in the territories unified with so great a sacrifice, to the mother county. The Police of the Old Kingdom was extended during the year 1918, to Bassarabia and

Bukovina, and, during the following year, to Transylvania, as well. In 1929, under the governance of the National Peasants Party, the Law on the

Organization of the General State Police was voted, in which three central directorates were designated – administrative, judicial, and safety-, while, in point of external bodies, mention was made of the Prefect’s Office of the Capital City Police, Regional Inspectorates, Police Stations (Chesturile de poliţie), Residence Polices, Central Police Stations (Comisariatele de Poliţie) and Detachments of Police (Detaşamentele de Poliţie). After a year, the law was amended, and, apart from the police servants with a Bachelor’s Degree and PhD, the right to stability on the job was given to other types of public servants who, on 1st August 1916, were in the service of the state, according to Art.62 of the Public Servants Status.

An important change occurred in the summer of 1940, when by Decree Law no. 2370 of July 12th, the General Directorate of Police, the Gendarmes Corps and the Prefect’s Office of the Capital City Police were united into a single body called the General Directorate of Police and State Security.

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This structure had under its subordination the Safety Directorate, with duties on state safety and judicial police, and the Department of Order, with tasks in the execution of order measures and in the implementation of the measures against crimes that were not within the jurisdiction of the Safety Directorate. Although the basic idea was very good - the unification of the public order and safety

structures - this organization lasted only two months! Once General Ion Antonescu took the power (6th September 1940), all regulations issued during the Royal Dictatorship (February 1938-September 1940) were reviewed. In this context, the Decree Law no.2.370 was repealed, and the institutions returned to the fundamental laws which were in force prior to unification.

With minor modifications, as a result of territorial loss and the campaign for the freeing of Bessarabia and Northern Bukovina, the legislation regarding the Police and the Gendarmerie remained in force until the abolition of these institutions by the communist regime, in 1948 – the Police and 1949 – the Gendarmerie.

For four decades - from January 1949 until December 1989 - in Romania we have Militia, called, at the beginning, the People's Militia, an older name, with Russian influences. First, the name of the institution is the General Directorate of Militia.

As a result, on 23rd January 1949, by Decree no.25, the General Directorate of

Militia replaced the Police and the Gendarmerie. The territorial units of the Gendarmerie passed to the General Directorate of Militia and the Gendarmerie was abolished as an institution. The responsibilities of Militia were established by Decision no.43, from January 24th the same year. Soon, on 7th February 1949, the Troops of the Security were created, retrieving duties from the old Gendarmerie that were not included in the duties of the Militia. According to official sources, "the implementation of the Law on the Militia was welcomed with much warmth by the working people who saw this reform as an important transformation and full regeneration of the old institutions: the Police and the Gendarmerie”.

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Policeman, since 1989

„Miliţieni”, until 27 decembrie 1989

Currently, a documented history of this period cannot be written, because the archives of the Militia are not open.

Without denying the social role usually typical for a police organization and the professionalism among the police personnel, the Militia was seen and stayed in the people's mind as a system which, along with the Security, contributed to maintaining the communist regime.

During the tragic events of December 1989, various buildings of the Militia were attacked, set on fire, damaged, while several members of the personnel were outraged and even killed. By the Communiqué

no.1 of the National Salvation Front from 22nd December 1989, the Militia was called to ensure, along with citizen committees, the public order, and by Article 2 of the Decree Law no.2 of 27th December 1989, “the name Militia changes into Police".

The context of this institutional reshaping – which purported to a new state of the law, structured on deeply democratic principles –

represented, for the newly installed power, a true milestone test.

Since 1990, the Romanian Police has witnessed several stages of transformation meant to ensure the safety of the persons, the legitimate rights of the citizens as well as other rights provided in international laws to which Romania is a party.

The Romanian Police represents that state specialized institution which exerts responsibilities regarding the protection of the fundamental rights and liberties of the individual, the protection of private and public property, the prevention and identification of crime cases and observance of public order and safety, pursuant to the law.

From the perspective of the Romanian Police, the performance of a public institution is assessed through the way in which the results of the policing institution overlap with citizens’ expectations. This is why, in recent years, there have been attempts and success has been achieved, in what concerns building a more visible Police, much closer to the needs and expectations of the community, which responds immediately to the emergency call, while developing direct communication with the citizens.

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The demilitarization of the Police in August 2002 was the most important event in the life of the institution over the past 55 years, marking profound changes in the organizational and functional field as well as in the mentality of the workforce. This historical moment – which bears the professional recognition of the Police duty and the gain of a social dignifying status within the community-

constitutes the support for the future transformations in consonance with the state aspirations of Romania, as a fully- fledged Member State of the European Union and currently under evaluation for accession to the Schengen Area. Adapting our institution to the requirements of partner European Police forces has, actually, helped with readjusting the Romanian Police in the public space of the democratic society by reorganizing the whole institutional architecture.

Romania's accession to the EU on the 1st of January 2007 represented a milestone for the contemporary history of our country, the result of the joint effort made by the Romanian society on the whole, in which the National Police played big role.

The institutional changes implemented in 2007 aimed primarily at optimizing the existing organizational structures and also at creating new structures specialized in areas considered priorities, as well as at increasing the efficiency and effectiveness of the structures.

The prospect of Romania's accession to the Schengen Area has given the opportunity for the Romanian Police to demonstrate to international bodies the institutional capacity to align to the best practices of the European policing in a high tempo, so as to be regarded as an equal by any similar structure in Europe and not only.

The Romanian Police Force is tasked to reduce and keep under control the crime phenomenon, to promptly respond to the citizens’ requests and to

protect their legal interests. Despite difficulties and drawbacks, the Romanian Police, as the obtained results show, has proved that it has the potential to keep the pace with complex issues it has so far faced.

The foundations of a modern police are more and more clearly outlined, with law and honor ranking first in the hierarchy of values pertaining to the conscience and manner of action on the part of the police officer.

Protocol Bureau, General Inspectorate of the Romanian Police

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CCOONNTTEENNTTSS

I. ANALYSIS, STUDIES, SYNTHESIS FINANCIAL CRISIS OR FINANCIAL CRIME? ..................................................................... 19 Prof. Ph.D. Costică VOICU ANALYSIS OF THE EVOLUTION OF THE EU SPACE FOR LIBERTY, SECURITY AND JUSTICE ........................................................................................................................ 23 Police Quaestor Ph.D. Ioan-Liviu TĂUT IMPLEMENTING CHANGES IN ORGANIZATIONS. SEVERAL CONSIDERATIONS ...... 29 Professor PhD. Ştefan PRUNĂ Senior Lecturer Ph.D. Mihaela PRUNĂ LES COORDONNEES JURIDIQUES DE LA POLITIQUE EXTERIEURE ET DE SECURITE DE L’UNION EUROPEENNE ............................................................................. 36 Prof. univ. dr. Nicoleta DIACONU CONSIDERATIONS GENERALES SUR LES AFFAIRES D’INDIGNITE SUCCESSORALE ................................................................................................................... 42 Prof. univ. dr. STOICA VERONICA THE EVOLUTION OF CRIMINAL PROCEDURAL LEGISLATIVE CHANGES RELATED TO THE JUDICIAL FRAMEWORK IN ROMANIA ............................................. 47 Prof. Ph.D. Anca-Lelia LORINCZ THE ROLE OF THE IRAQ SPECIAL TRIBUNAL IN THE CONTEXT OF INTERNATIONAL CRIMINAL JURISDICTION .................................................................... 52 Assistant Lecturer Ph.D. Marin Claudiu ŢUPULAN Assistant Lecturer Ph.D. Ionuţ Andrei BARBU LE MODELE HISTORIQUE ANGLAIS DE POLICE ............................................................. 57 Prof. univ. dr. Ioan DASCĂLU Assist. univ. Cristina CIRSTOCEA

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II. EVOLUTION AND TRENDS OF CRIME PROTECTION OF COPYRIGHT AND RELATED RIGHTS. PREVENTING AND COMBATING PIRACY UNDER A.C.T.A. PROVISIONS ..................................................... 65 Assistant Lecturer Ph.D. Marius PANTEA Assistant Lecturer Ph.D. Gheorghe POPESCU Ph.D. candidate Marioara NAE PECULIARITIES OF CRIMINAL INVESTIGATIONS IN CASES OF FORGERY AND USE OF FORGERY ................................................................................................................ 74 Associate Professor Ph.D. Adrian IACOB Alexandra BULEANDRA CONSIDERATIONS REGARDING THE INTERDEPENDENCE BETWEEN SMUGGLING AND OTHER CRIMES IN THE GLOBALIZATION CONTEXT ................... 83 Assistant Lecturer Ph.D Marin-Claudiu ŢUPULAN Assistant Ph.D. Petrică-Mihail MARCOCI ANALYSIS OF IRREGULAR MIGRANTS TRAFFICKING AFTER ROMANIA’ ADHERRING TO THE EU ..................................................................................................... 88 Prof. Ph.D Robert MORAR Ph.D candidate Claudiu Nicolae BRANDIBUR PROSECUTION COMPETENCY AND OF THEIR INSTITUTIONAL RELATIONSHIPS WITH OTHER COMPONENTS OF THE JUDICIAL SYSTEM .............. 96 Prosecutor Ph.D. candidate, Vasile Constantin POPA HAZMAT CRIMES AND DANGEROUS SUBSTANCES ................................................... 103 Prof. Ph.D. Dan CAVAROPOL L’INFRACTION DE TROUBLE DE POSSESSION EN MATIERE DE CADASTRE ET DE PUBLICITE IMMOBILIERE ........................................................................................... 107 Lect. univ. dr. Oana Florentina ISPAS CONSIDERATIONS ON THE REGULATION OF THE MISDEMEANOUR REGIME ENFORCED IN PROSTITUTION CASES ........................................................................... 111 Assistant Lecturer Ph.D. candidate Cristian Giuseppe ZAHARIE

III. RESEARCH AND CRIME PREVENTION LAW NO.298 FROM 2008 AND ACTA, LIMITATIONS TO THE PROTECTION OF PRIVATE LIFE IN THE FIELD OF ELECTRONIC COMMUNICATION ............................ 121 Assistant Lecturer Ph.D Dragoş-Andrei IGNAT Assistant Lecturer Ph.D Marius PANTEA

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HARMONIZING THE ROMANIAN LEGISLATION WITH THE EU LEGISLATION IN THE FIELD OF ILLEGAL RACINGS ............................................................................... 129 Assistant Lecturer Ph.D Ion DRĂGHICI CONSUMER PROTECTION BY COMMUNITY COMPETITION POLICY ....................... 134 Assistant Lecturer Ph.D. Laura MAIEREAN CONSIDERATIONS GENERALES SUR LA PROBLEMATIQUE „SEXUAL HARASSMENT” DANS LE CADRE DES MISSIONS INTERNATIONALES O.N.U. ........ 140 Commissaire de police Răzvan DANCIU Assistant univ. Ligia STANCU THE ANALYSIS OF A SERIOUS CASES OF CRIMINALITY AND ORGANIZED CRIME .................................................................................................. 145 Prof. Ph.D. Robert MORAR Ph.D. candidate Paula-Loredana GAŞPAR ON THE CRIMINAL LAW BASED DEFENCE OF MORAL RIGHTS RESULTED FROM COPYRIGHTED WORKS ........................................................................................ 153 Assistant Lecturer Ph.D. student Mihai OLARIU RÉFÉRENCES LÉGISLATIVES CONCERNANT LE FONCTIONNAIRE PUBLIC ET LA FONCTION PUBLIQUE DANS LE CONTEXTE EUROPÉEN ..................................... 159 Lecteur universitaire docteur Marin Claudiu ŢUPULAN Lecteur universitaire docteur Marius Cezar PANTEA JUDICIAL POLICE AND ITS RELATIONS WITH PROSECUTION .................................. 168 Prosecutor Ph.D. candidate, Vasile Constantin POPA

IV. MANAGEMENT OF CRIME INVESTIGATION QUESTION MANAGEMENT IN INTERPERSONAL COMMUNICATION ....................... 177 Senior Lecturer Ph.D. Mihaela PRUNĂ Professor Ph.D. Ştefan PRUNĂ EMOTIONAL INTELLIGENCE AND LEADERSHIP ........................................................... 183 Ph.D. candidate Monica SECHELARIU

V. SCHENGHEN ISSUES EUROPEAN AGENCIES, INSTITUTIONS AND BODIES ENGAGED IN BORDER SECURITY IN THE FACE OF ILLEGAL MIGRATION FLOWS ........................................ 193 Assistant Lecturer Ph.D. Sergiu Adrian VASILE Assistant Lecturer Ph.D. candidate Andreea CĂLUGĂRIŢĂ

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VI. REVIEWS Costică Voicu - MANAGEMENT OF THE POLICE ORGANIZATION .................................... 203 Marius Pantea - INVESTIGAREA CRIMINALITĂŢII ECONOMICO- FINANCIARE - VOLUMUL 2 ............................................................................................. 205

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FINANCIAL CRISIS OR FINANCIAL CRIME?

Prof. Ph.D. Costică VOICU Law Faculty, Spiru Haret University

The all-manifest crisis at the beginning of a new millennium has placed State and Law in a difficult position, finding and imposing regulations to address the state of change. Thus, society finds itself in what has been termed as the ‘clash of speeds’ by Alvin Toffler (2006).

The global financial phenomenon is marked by an increasing advocacy of private interests of corporations, banks, as national governments become instruments of the private sector.

Law has been generating and amplifying crises, as it has scandalously become subordinated to political influence gained by the banking and finance industry over the law-making and executive powers. Globally, only measures aimed a.o. at salvaging banks and corporations from bankruptcy have been enforced until now, as states have become main shareholders in a peculiar form of capitalism.

Keywords: financial crisis, the Davos Forum, European Council summits, The National Banking Law (US), Alvin Toffler, Jean Ziegler, Benjamin Barber, Joseph Stiglitz.

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ANALYSIS OF THE EVOLUTION OF THE EU SPACE FOR LIBERTY, SECURITY AND JUSTICE

Police Quaestor Ph.d. Ioan-Liviu TĂUT Rector Academiei of the “Alexandru Ioan Cuza” Police Academy Bucharest

The integration of justice and home affairs was not envisaged in the Treaty establishing the European Community. However, it has become clear that the free movement of persons implies that every citizen should have the same degree of protection and access to justice everywhere in the EU. Thus, it was gradually created an area of freedom, security and justice, changing successively the treaties through the Single European Act, Treaty on European Union (Maastricht Treaty) and the Treaty of Amsterdam.

Keywords: EU area of freedom, security and justice, the Treaty of Lisbon, Stockholm program.

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IMPLEMENTING CHANGES IN ORGANIZATIONS. SEVERAL CONSIDERATIONS

Professor PhD. Ştefan PRUNĂ “Alexandru Ioan Cuza” Police Academy

Senior Lecturer Ph.D Mihaela PRUNĂ Romanian – American University of Bucharest

“The hardest thing in the world isn’t to make people accept new ideas but to make them forget the old ones” John Maynard Keynes

This article analyzes several aspects of implementing changes in an organization. Starting from several classical issues of the implementation process, the author develops an implementation guide useful to anyone wishing to manage changes in an organization.

Keywords: organizational change, changing forces, resistance to change, change implementation, change assessment.

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LES COORDONNEES JURIDIQUES DE LA POLITIQUE EXTERIEURE ET DE SECURITE DE L’UNION EUROPEENNE

Prof.univ.dr. Nicoleta DIACONU Académie de Police „Alaxandru Ioan Cuza”

In the context of world globalization, European Union, as an international player, aims to take a more active role in defense and security. In this context, EU treaties have included provisions on promoting a common foreign and security policy. This allows, on the one hand, consistently and systematically Union to achieving security and defense policy, and, on the other hand, member countries to integrate national security and defense policy in the European Union.

Keywords: foreign and security policy, security and defense policy, means of implementation, the European Defence Agency.

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CONSIDERATIONS GENERALES SUR LES AFFAIRES D’INDIGNITE SUCCESSORALE

Prof. univ. dr. STOICA VERONICA Académie de Police „Alexandru Ioan Cuza”

Unworthiness to inherit is negative condition that any successor must meet to collect the sequence left by one whose legacy will be passed so that everyone who is guilty of committing intentional acts provided expressly and exhaustively by any of the articles 958-959 Civil Code is removed from the legacy that could have a pick.

Keywords: estate unworthiness, murder, attempted murder, concealment, alteration, testament, legacy removal

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THE EVOLUTION OF CRIMINAL PROCEDURAL LEGISLATIVE CHANGES RELATED TO THE JUDICIAL FRAMEWORK IN ROMANIA

Prof. Ph.D Anca-Lelia LORINCZ Police Faculty, Criminal Law Department, „A.I.Cuza” Police Academy

Regarding the reform of the normative framework in the field of justice and judicial activity, the legislative changes that have taken place in the last years in order to harmonize our legislation with the community acquis, have influenced, more or less, the criminal procedural law institutions with incidence on the judicial organization. Thus, starting from 2003 there heve been changes regarding the organization of courts, panels, Public Ministry, the imunity of judges and prosecutors and the criminal organization bodies. At the same time, the changes in Law no. 135/2010 (new Criminal Procedure Code) impact the organization of the judicial system (by introducing 2 new categories: rights and freedom judge and judge of preliminary chamber)

Keywords: judicial organization, legislative changes, legislative harmonization, celerity of criminal proceedings, New Criminal Procedure Code

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THE ROLE OF THE IRAQ SPECIAL TRIBUNAL IN THE CONTEXT OF INTERNATIONAL CRIMINAL JURISDICTION

Assistant Lecturer Ph.D Marin Claudiu ŢUPULAN „Alexandru Ioan Cuza” Police Academy

Assistant Lecturer Ph.D Ionuţ Andrei BARBU „Alexandru Ioan Cuza” Police Academy

The abominable crimes committed by the Baghdad regime under the leadership of Saddam Hussein, between 17 July 1968 – May 1st 2003 related to the wars in Iraq against Iran and Kuweit have determined the establishing of a new court to judge and sentence the individuals guilty of such crimes. Thus, on December 10th 2003, under the governance of the US-led provisional authority the Iraqi special tribunal was established, as independent body that cannot be assosicated to any department within the Iraqi government.

Keywords: genocid, crimes against humanity, war crimes, tribunal, Saddam Hussein.

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LE MODELE HISTORIQUE ANGLAIS DE POLICE

Prof. univ. dr. Ioan DASCĂLU Assist. univ. Cristina CIRSTOCEA

Faculte de Droit Universite Biotera de Bucarest

From the point of view of the English language, only at the beginning of the XVIII century, the word "police" has the meaning of using a method to maintain civilization. The police in England does not have a political role, it does not use informants. It remains, in principle, politically neutral, as it serves the law not the government. It uses minimum violence and the only weapon police officers are allowed to have is the police baton.

Keywords: police, law, criminology, citizen, magistrate

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PROTECTION OF COPYRIGHT AND RELATED RIGHTS. PREVENTING AND COMBATING PIRACY

UNDER A.C.T.A. PROVISIONS

Assistant Lecturer Ph.D Marius PANTEA Police Department, Police Faculty,

„A.I.Cuza”Police Academy Assistant Lecturer Ph.D Gheorghe POPESCU

Police Department, Police Faculty, „A.I.Cuza”Police Academy

Ph.D candidate Marioara NAE Control Body of the Prime Minister

The ACTA Treaty signed by Romania in Tokyo, on January 26th 2012 is, in our opinion, an important step in recognizing the concerns of authorities about criminal activities in the globalized world and on the Internet, on the global market of goods related to copyright. In this article we are talking about the activities to prevent and combat piracy in the field of copyright and related rights and the way the public acknowledges this.

Keywords: ACTA, copyright, intellectual property, related rights, industrial property, counterfeiting, piracy.

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PECULIARITIES OF CRIMINAL INVESTIGATIONS IN CASES OF FORGERY AND USE OF FORGERY

Associate Professor Ph.D Adrian IACOB „Alexandru Ioan Cuza” Police Academy

Alexandra BULEANDRA

One specific feature of the forgery offences under provisions of Title VII, Special Section of the Romanian Criminal Code, and what draws a difference between these offences and other doings that distort the truth, is the fact that deceiving of the public trust is done through a product of criminal activity (coins, stamps, credit instruments, seals, marking tools, written documents, etc.). These things that constitute in themselves proof of truth, enjoy, objectively, general trust, regardless the person who undertook this activity.

Legal authorities activity in prevention and control of criminality needs urgent and complete revealing of the offences, identification of the offenders, ascertainment without any doubt of the quilt and, in relation to this, carrying out of sentences under the criminal law. For this purpose, prosecutors and courts have the right and, in the meantime, the obligation to employ all legal means in order to establish the truth, as they should do in civil cases as well.

One of the sciences that emerged from the pursuit of preventing and fighting criminality is criminology. Emergence of this independent science, owns to intensification of crime and impossibility of containing unlawful actions simply by applying the law.

Keywords: forgery, forgery of legal writings, objective aspect, subjective aspect, criminal investigation

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CONSIDERATIONS REGARDING THE INTERDEPENDENCE BETWEEN SMUGGLING AND OTHER CRIMES IN THE GLOBALIZATION CONTEXT

Assistant Lecturer Ph.D Marin-Claudiu ŢUPULAN, „Alexandru Ioan Cuza” Police Academy

Assistant Ph.D Petrică-Mihail MARCOCI „Alexandru Ioan Cuza” Police Academy

Smuggling is one of the most common forms of economic and financial crime. As expression of globalization it cannot be completely separated from the whole picture of economic crime, and on the other hand, it cannot be conceptually taken out from the group of transnational crimes. This association of attributes specific to smuggling generates a higher social threat and the difficulty to identify effective ways to prevent and combat it. Legal practice has shown links with corruption acts, drugs trafficking, money laundering, terrorism and clandestine migration.

Keywords: smuggling, tax evasion, money laundering, corruption, trafficking in human beings, terrorism

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ANALYSIS OF IRREGULAR MIGRANTS TRAFFICKING AFTER ROMANIA’ ADHERRING TO THE EU

Prof. Ph.D Robert MORAR Ph.D candidate Claudiu Nicolae BRANDIBUR

In future, migration flows will thrive, encouraged by the open borders to the EU; this will also be fostered by worsened domestic situations in migrants’ countries of origin, triggered by the world economic crisis. This situation will be beneficial for crime groups operating in this field. Consequently, the Romanian economy is expected to be severely affected. This article aims at reviewing several aspects of trafficking in migrants in Romania, as a country of origin, transit and destination.

Keywords: migrants, illegal migration, migration flows.

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PROSECUTION COMPETENCY AND OF THEIR INSTITUTIONAL RELATIONSHIPS WITH OTHER COMPONENTS OF THE JUDICIAL SYSTEM

Prosecutor Ph.D. candidate, Vasile Constantin POPA Prosecutor Chief of Department criminal investigation isolator

Besides the Tribunal prosecution Bihor

In the work of the administration of Justice, the work of scientific law in letter and spirit, the criminal investigation and Court are obliged to rekindle the cause in all issues, on the basis of samples. Only in such conditions of stay of truth regarding the facts with both and the circumstances of the case, and the perpetrator can achieve the objective of the criminal process as any person who has done a punishable offense to be according to his guilt and no person is do not be criminal liability to draw.

Theoretical approach in the work of front we plan to present to you the way in which the Romanian judiciary but the major powers conferred by the legal norms in force wooden floors of the Ministry Roman Public.

Keywords: judicial system, prosecutor, courts, criminal liability, offence

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HAZMAT CRIMES AND DANGEROUS SUBSTANCES

Prof. Ph.D. Dan CAVAROPOL Engineering and Emergency Situation Department “Alexandru Ioan Cuza” Police Academy

Fire Officers Faculty, Bucharest, ROMANIA,

The article presents the main concepts of risk and hazmat for the environment, the legislation and some operational problems in the EU, USA and a study case for Romania. Terrorism crimes are involved in our dairy lives, and the use of the dangerous hazmat substances can create significant damage for human life and the environment.

Keywordws: risk, crimes, hazmat, environment, intervention, dangerous substances

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L’INFRACTION DE TROUBLE DE POSSESSION EN MATIERE DE CADASTRE ET DE PUBLICITE IMMOBILIERE

Lector univ. dr. Oana Florentina ISPAS Faculté de Droit, Université Roumaine-Américaine

This article approaches the issue regarding the possession disturbance offence according to the provisions of the article 65 paragraphof Law no. 7/1996. Examining the crime as established by the monographic research scheme, the author emphasizes the provisions of the private law in cadastre and real-estate publicity domain.

Keywords: cadastre, land registry, real-estate publicity, offence, possession disturbance

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CONSIDERATIONS ON THE REGULATION OF THE MISDEMEANOUR REGIME ENFORCED IN PROSTITUTION CASES

Assistant Lecturer Ph.D. candidate Cristian Giuseppe ZAHARIE Faculty of Law, Romanian-American University

The article is a study about justice and practical situations related to some contraventions covered by the law no. 61/1991.

The paper makes a critical assessment of the problems encountered in implementing legislation. In conclusion some proposals for amendments to this law are formulated in this paper.

Keywords: justice, practical situations, contraventions, proposals for amendments.

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LAW NO.298 FROM 2008 AND ACTA, LIMITATIONS TO THE PROTECTION OF PRIVATE LIFE IN THE FIELD OF ELECTRONIC COMMUNICATION

Assistant Lecturer Ph.D Dragoş-Andrei IGNAT, Police Department, Police Faculty,

„A.I.Cuza”Police Academy Assistant Lecturer Ph.D Marius PANTEA

Police Department, Police Faculty, „A.I.Cuza”Police Academy

A new interference - meant to be legal - occurred in the privacy of users of electornic communications, namely the Internet. Just as the Law. 298 of 2008, ACTA became a very debated topic in classical media, visual, audio. Martin Schulz - President of the European Parliament called the treaty as "unbalanced". Moreover, the latter led to massive demonstrations in the streets or online - articles on other blogs, social sites etc.

Keywords: police work, social implications, internet, communications, law

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HARMONIZING THE ROMANIAN LEGISLATION WITH THE EU LEGISLATION IN THE FIELD OF ILLEGAL RACINGS

Assistant Lecturer Ph.D Ion DRĂGHICI, „Alexandru Ioan Cuza” Police Academy

To harmonize the legal system of a country with European Union legislation (EU), means that countries make laws compatible with the system of civil and criminal law codes of the European Union. How the European Union countries, both those that are members and those who are candidates for membership have specific laws, intrinsic, corresponding to their traditions, their level of social and economic development, a unique and common law is not conceived as possible, as experience has shown, is not necessary.

Keywords: police work, social implications, illegal racing, law

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CONSUMER PROTECTION BY COMMUNITY COMPETITION POLICY

Assistant Lecturer Ph.D. Laura MAIEREAN Police Academy Alexandru Ioan Cuza

One of the basic conditions for the existence of a functioning market economy, with free movement of goods, persons, services and capital, one is an undistorted competition. Thus, traders, either at national or at Community level should be possible to interact freely, without negative influences of the agents are powerful or privileged situations, associations of undertakings or the state.

Keywords: competition, Competition Council, anticompetitive practices, cartel

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CONSIDERATIONS GENERALES SUR LA PROBLEMATIQUE „SEXUAL HARASSMENT”

DANS LE CADRE DES MISSIONS INTERNATIONALES O.N.U.

Commissaire de police Răzvan DANCIU Officier spécialiste: analyse, études, planning

Inspectorat de Police d’Ilfov Assist. univ. Ligia STANCU

Académie de Police „Alexandru Ioan Cuza”

This article gives an overview of gender from sexual harassment perspective in United Nations Operations. It outlines Secretariy-General’s bulletin, on Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority, ST/SGB/2008/5, UN_system_policies/(UNESCO)Anti-harassment_Policy, UN Development Programme-HR User Guide on Workplace Harassment & Abuse of Authority.

The main body of knowledge of it is the result of attending the course: A Comprehensive Approach to Gender in Operations, co-organized by The Netherlands and Spanish Ministries of Defence and Foreign Affairs in collaboration with the Netherlands Defence College (NDC) under the aegis of the European Security and Defence College (ESDC) hosted in The Hague, Rijswijk , from 28 November- 02 December 2011.

Keywords: gender, discrimination, harassment, sexual harassment, abuse of authority, disciplinary procedure

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THE ANALYSIS OF A SERIOUS CASES OF CRIMINALITY AND ORGANIZED CRIME

Prof. Ph.D Robert MORAR Ph.D candidate Paula-Loredana GAŞPAR

The impact of organized crime upon society within the EU is significant. Organized crime has managed to adapt extremely well to the opportunities offered by modern society and the open business environment of the EU, especially in what regards the internet, generating immense proceeds of multifaceted crime. This article targets the analysis of several serious types of crime: economic crime, trafficking in human beings, violent crimes and document fraud.

Keywords: organized crime, economic crime, trafficking in human beings, weapons trafficking, violent crimes, document fraud

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ON THE CRIMINAL LAW BASED DEFENCE OF MORAL RIGHTS RESULTED FROM COPYRIGHTED WORKS

Assistant Lecturer Ph.D student Mihai OLARIU Romanian – American University of Bucharest

The article addresses the issue of the defence and protection rights resulted from copyrighted works. Copyright became public concern only in the modern era as a result of the ever growing importance of the nations’ cultural dimension. The principle of copyright protection is granted to the original works, irrespective of the creation process, the mode or concrete expression method and independent of the inheritor value and destination.

Keywords: moral right, copyrighted works, copyright protection, criminal law, defence, Berna Convention, Roma Act

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RÉFÉRENCES LÉGISLATIVES CONCERNANT LE FONCTIONNAIRE PUBLIC ET LA FONCTION PUBLIQUE DANS LE CONTEXTE EUROPÉEN

Lecteur universitaire docteur Marin Claudiu ŢUPULAN, Académie de Police “Alexandru Ioan Cuza”

Lecteur universitaire docteur Marius Cezar PANTEA, Académie de Police “Alexandru Ioan Cuza”

Au fil du temps, la littérature juridique et la jurisprudence ont été concernés de clarifier et de limiter ces deux notions pour pouvoir examiner de près la nature juridique de l'une par l'intermédiaire de l’autre, ou le contenu de chacune d'entre elle afin d'évaluer correctement le rapport face à l'autorité du fonctionnaire. La théorie de la fonction publique détermine le contenu et la nature juridique d'une notion fondamentale pour la science du droit administratif: le fonctionnaire public. Clarifier la notion de fonctionnaire public signifie, en fait, examiner l'un des éléments constitutifs des organes de l'administration publique, respectivement les personnes qui le compose.

Mots-clés: fonctionnaire public, fonction publique, stabilité, service public, obligations, droits, principes.

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JUDICIAL POLICE AND ITS RELATIONS WITH PROSECUTION

Ph.D. candidate, Vasile Constantin POPA Prosecutor Chief of Department criminal investigation isolator

Besides the Tribunal prosecution Bihor

Recrudescence of international crime and especially the organized one knows the continuous expansion, manifesting as a scourge that affects almost all countries and the international public opinion. The main forms of organized crime are manifested especially by crimes (terrorism, drug trafficking, human trafficking, trafficking in stolen cars, heritage objects, weapons and explosives, coming from money laundering crimes and crimes charges and mafia protection. This danger of organized crime requires national and international agencies to adopt appropriate measures to protect society from criminal actions, to contribute effectively to ensure the level of public safety, to respect the rights and fundamental freedom of persons.

In this paper we propose to present the organization of the Romanian judiciary system, the main relations between the two major components, the judicial police and the prosecution

Keywords: judicial system, prosecutor, courts, criminal liability, offence

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QUESTION MANAGEMENT IN INTERPERSONAL COMMUNICATION

Senior Lecturer Ph.D Mihaela PRUNĂ Romanian – American University of Bucharest

Professor PhD. Ştefan PRUNĂ “Alexandru Ioan Cuza” Police Academy

This article analyzes the way questions are asked in interpersonal communication as an imperative in the process of communication. The author analyzes the main types of questions, drawing the attention upon their peculiarities and the way they influence efficiency in communication.

Keywords: egoistic communication, efficient communication, formulation of questions, interpersonal dialogue, communicational efficiency.

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EMOTIONAL INTELLIGENCE AND LEADERSHIP

Ph.D candidate Monica SECHELARIU

This study approaches, in a very general theoretical manner, certain aspects of the concept of emotional intelligence correlated to the act of leadership. It highlights the importance of the emotional dimension of the act of leadership, considered to be decisive in distinguishing remarkable performers from normal ones.

Keywords: emotion, emotional intelligence, leading, leadership, leader.

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EUROPEAN AGENCIES, INSTITUTIONS AND BODIES ENGAGED IN BORDER SECURITY IN THE FACE OF ILLEGAL MIGRATION FLOWS

Assist. Lect. Ph.D. Sergiu Adrian VASILE "Alexandru Ioan Cuza" Police Academy

Border Police, Schengen Training and Foreign Languages Department Assist. Lect. Ph.D.cand. Andreea CĂLUGĂRIŢĂ

"Alexandru Ioan Cuza" Police Academy Border Police, Schengen Training and Foreign Languages Department

Borders controls within the EU need to be effective and permissive at the same time. The basic policy issue in this area resides in strengthening while softening border control - in other words, complementing the need for mobility with the need for control. In this regard, integration has become a genuine balancing act for an incomplete federation such as the EU, with its sensitive mix of one single external border and 27 separate legal/administrative systems. EU agencies, institutions and bodies actively engaged in border security are herein briefly reviewed.

Keywords: border security, illegal migration, Frontex, Europol, Cepol, Eurojust, COSI, Coreper CSIFA.

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Written in a didactic manner, combining theoretical aspects of organizational management science with the practical elements, this course is addressed both to the university students, alumni, Ph.D. candidates and those who wish to learn about management. Management explains how a person solves business tasks through other people. Built on the scheme skills - abilities-competences, this university course makes available to those interested information on basic skills training in order to be effective in practice. Each book has a main working hypothesis. The author assumes that each of us is a leader, a manager, because society puts us in a position to manage our own existence. This hypothesis provides a tool to all who want to learn management embodied in the idea that management is a psychosocial relationship with the environment.

What remains to do is to systematize, to polish this information, to build models of behavior and skills useful for this approach. The author, with over 20 years of blended experience, of which about 17 dedicated to management, who is a keen observer of the psycho-sociological dimension of the individual, builds a message so that they enable the reader to learn how to convince the other to follow, without being bound to. We may not achieve the ideal, as it is the ideal for the management - people follow you without being forced to do so - but the way proposed is an interesting one, exciting and worth knowing.

Prof. Ph.D. Costica Voicu

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The second volume of the course Economic-Financial Crime Investigation is a welcomed and valuable scientific innitiative. The approach shows a very good understanding of the economic-financial crime phenomenon in the field of industry, agriculture, environment protection, real estate. At the same time the author presents the types of crimes that can be committed in

the field of gambling and the accuracy all the causes that lead to antisocial acts are analyzed.

I congratulate the author on this occasion and I am looking forward to reading the next study in the field which is expected to be at least as good as this one.

Prof. Ph.D. COSTICĂ VOICU

Documents

JOURNAL OF CRIMINAL INVESTIGATION - cij.rocij.ro/revista/Journal_9.pdf · Semestrial publication under IPA Romania ... which, in Greek, means town. ... institution in the “Legal