Facultatea de Drept / Faculty of Law
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Item GLOBAL LEGAL SKILLS AS A UNIVERSAL LANGUAGE OF LAWYERS(CEP USM, 2024-11-07) Creciun, NataliaThe profession of the lawyer seems to be national limited, due to the fact that future lawyers are trained through acquisition of knowledge on national legislation understanding and interpretation. However, empirical findings prove that lawyers need to be internationally adapted, legal concepts and standards, and value constants being the foundations of solid legal training. Thus, the purpose of the paper is to shape pillars and directions for reviewing current methodologies of teaching-learning-evaluating process in law schools, so as to enhance global legal skills, as a universal language for today’s lawyers. Globally adapted and resilient lawyers are able to contribute, both professionally and empathetically, to ensuring well-being and security of individualsItem JUDGES AGAINST JUDGES(CEP USM, 2024) Creciun, NataliaThe discipline of judges is an essential pillar of the judicial career. The proper management of this field is imperative, from the perspective of the need to ensure the balance between judicial independence and judicial responsibility, but also from the perspective of the impact of a disciplinary procedure on the image of the concerned judges and on the judiciary. In this context, the activity of the specialized bodies subordinated to the Superior Council of Magistracy with competencies regarding judicial discipline (the Disciplinary Board and the Judicial Inspection) is of increased doctrinal and professional interest. An overview of the current situation on this dimension is reflected in the Decisions of the Disciplinary Board and in the Annual Activity Reports of the concerned entities. The paper includes an analysis focused on a new trend found by the Judicial Inspection in 2022, namely on the fact of the submission of notifications regarding possible disciplinary violations committed by judges - also by fellow judges. What would be the causes that generated such a trend, how does this trend reflect the state of affairs in the judiciary, what would be the role of judicial self-government in ensuring the responsibility of individual judges and what would be the value of professional communication within the judicial system - these are some aspects researched in the paper, from the perspective of governance modernization mechanisms, focused on the protection of human rights.Item LEGAL WRITING: TAKEWAYS FROM THE STUDY VISIT TO THE WILLIAM AND MARY LAW SCHOOL(CEP USM, 2024) Creciun, NataliaThe paper presents a brief evaluation of the takeaways emerging from the academic life at William and Mary Law School, Williamsburg, Virginia, USA, focused primarily on the Legal writing course and on the supporting institutional mechanisms for improving the quality of higher education, and for enriching the professional background of future lawyers, under conditions of current global trends. The main findings result from on-site observing of the teaching-learning evaluating process, through interactive and collaborative activities. As a general conclusion the quality of legal higher education can be improved only through multidimensional and intersectoral synergies, including academia, civil society, public authorities, employers. Investments in human resources and in infrastructure, open mindedness in the teaching-learning-evaluating process in legal schools are part of the knowledge management and they really count.Item ZERO CREATIVITY(CEP USM, 2023) Creciun, Natalia; Popovici, CristinaCreativity seems to have become a real trend for our generation, educational centres for children and young people, research centres, entrepreneurs, employers seeking creative personalities to change reality and mindset. To shape creative professionals is also a scope framed in the mission of higher education, at all the stages of implementation of the Mission Declaration. And everything is nice until we realize that creativity is lacking or creativity is capitalized in the wrong directions. The purpose of the paper is to find motivations for exploring and exploiting creative skills even in ,cases of ,,zero creativity”, as well as to find solutions for preventing the phenomenon of malevolent creativity. As a conclusion, the examined subject has generated more questions than answers, being a matter of courage, of conscience or whatever, if we dare to be vocal in demonstrating positive creative skills in times or contexts of crossroads.Item SHOULD THE JUDICIAL INSPECTION BODY CARE ABOUT JUDICIAL CORRUPTION? THE CASES OF MOLDOVA AND ROMANIA(2020) Negru, Andrei; Creciun, NataliaThe present paper contains arguments referring to the fact that the Judicial Inspection, as a body with attributions of analysis, verification and control in particular areas of manifestation of Justice and exponent of the judicial self-government, should acquire the status of authority with express competencies in the fight against judicial corruption. Such an approach reflects the essence of good judicial self-government and of the Rule of Law, where Human Rights and Freedoms are Fundamental Values. In order to achieve this purpose, the necessity to strengthen the functional status of the judicial inspection body is argued and the ways of enhancing the capacities of the judicial self-government in preventing judicial corruption are generalized.Item NICOLAE STEINHARDT AND LEON DUGUIT FACE TO FACE AFTER (ALMOST) A CENTURY(2023) Aramă, Elena; Creciun, NataliaThis alignment of two names might seem at least strange or exaggerated: Leon Duguit and Nicolae Steinhardt. At the time of defending the thesis in 1936 by Nicolae Steinhardt, a young man of 24, Leon Duguit was no longer alive, but he had left an impressive scientific work. That is, it would be said that there is no place for comparison, the equality of arms being utopian. And yet the comparison is opportune, because it is about ideas to which history may or may not have given its answer.Item CHANGING THE MENTALITY IS NOT A MISSION OF THE UNIVERSITY(CEP USM, 2022-05-16) Creciun, NataliaThis study is carried out within the framework of the State Project (Republic of Moldova) „Modernization of governance mechanisms focused on the protection of human rights (cypher 20.80009.1606.15). The proposed theme for research is to identify the extent of the university mission and of the law faculty in the direct realization and promotion of education, research, innovation and societal integration. Does higher education have implications for mentality change? How do we react to defensive or skeptical attitudes from students regarding the university's involvement in changing mindset? What feedback can we give to skeptics, not to imagine that we might be persuasive, but at least to make them think? The research is a result of a reflection exercise in the context of conducting practical classes at the law faculty, with first-year students, Cycle I, licence (bachelor). Influenced by the social environment, affected by crises, in which even justice does not have the best image, they accept change in itself only as a theoretical formula, not as a practical one, only as a story told, not assumed. A formidable solution, excellently functional for reorienting the way of thinking of the current generation of students is hard to find, given the objective limits of communication and the formative substrate of the mentality of young people before their access to higher education. However, the university must also value ethical, attitudinal, affective, creative dimensions. And the law faculty must also emphasize the revitalization of the essence of civic courage, implicitly – to shape courageous lawyers.Item PROFESSIONAL LEGAL CULTURE AND LEGAL CONSCIOUSNESS – PREMISES OF THE EFFICIENCY AND CREDIBILITY OF THE JUDICIAL INSPECTION BODY(Tipografia Artpoligraf, 2020) Creciun, NataliaInspecția Judiciară din subordinea Consiliului Superior al Magistraturii exercită competențe de analiză, verificare și control în domeniul eticii și disciplinei judiciare, al activității organizatorice a instanțelor de judecată, al etapelor prealabile pornirii urmării penale în privința judecătorilor etc. Există multipli factori pasibil a afecta calitatea și eficiența activității organului de inspecție judiciară și credibilitatea entității numite, acești factori fiind de diferită natură și provenind atât din exteriorul, cât și din interiorul Magistraturii. Pentru înlăturarea pericolelor ce pot submina esența bunei autoguvernări judecătorești – participarea organului de inspecție judiciară în acest proces fiind inerentă – sunt necesare eforturi consolidate din partea tuturor actorilor sistemului judiciar. Cultivarea și promovarea unui nivel înalt de cultură și de conștiință juridică profesională în rândul judecătorilor și al celorlalți reprezentanți ai sistemului reprezintă una din premisele de bază a eficientizării activității inspectorilor judiciari și sporirii credibilității organului de inspecție judiciară.Item PRIVIRE GENERALĂ ASUPRA INSTITUȚIEI INSPECȚIEI JUDICIARE. ASPECTE COMPARATIVE(Tipografia "CentroGrafic" SRL,Cahul, 2016-06-07) Creciun, NataliaThe present paper is a general comparative retrospective on the institution of the Judicial Inspection in some European countries: the Republic of Moldova, Romania and Belgium. The goal of the related information is to reflect both the performances and the vulnerabilities of the legal framework regulating the organisation and functioning of the inspection entities in the legal systems where inspection services exist. At the same time, it is of a great importance to identify the best mechanisms of providing specialized controls in such specific areas as the activity of courts and magistrates and, finally, to improve them in the national system of law, after adjusting to our democratic traditions.Item CONFIDENTIALITY AND TRANSPARENCY IN THE JUDICIAL INSPECTION WORKS. THE CASE OF THE REPUBLIC OF MOLDOVA(Tipografia "CentroGrafic" SRL,Cahul, 2020-06-05) Creciun, NataliaThe general findings of the present paper refer to the fact that the overall activity of the judicial inspection body is confidential. However, there are also transparent activities, due to the necessity of alignment of the judicial inspection body to the policies of good judicial self-government, that presuppose the openness of public authorities, including the Judicial Authority, towards the society. Thus, the competencies of the judicial inspection body should be exercised in a manner that ensures the balance between confidentiality and transparency, in order to protect the independence and the reputation of judges, as well as the public interest, as an immanent element of the public confidence in the Judiciary.