Vol.I, No.4, 2010

Editorial

PROBATION junior TEAM

Abstract: With the fourth edition of PROBATION junior journal coming to a close, we deeply appreciate all of you for the essential support you have provided. We hope you will continue to provide assist us as we grow the journal and our readership. Born within the Faculty of Sociology and Social Work at the University of Bucharest, the journal from its inception has sought to meet international academic standards. It is from your feedback that PROBATION junior and its team has strengthened; Volume II will see further growth and energy. As with previous editions, this edition brings to light mainstream subjects that we hope will stir emotions, interest, and virtual discussions.

Key word: editorial

Full article in English:

Art in Women’s Penitentiary Târgșor – Creative workshop “Fantasy”

Anca HURUBARU

Abstract: The paper studies the effects of an artistic environment on women inmates within penitentiaries. Also, the paper discusses the positive influence of colors on their psyche (e.g. healing emotional traumas) and its influence on their reintegration into society. Beginning January 2010 I initiated an artistic program, which consists of practical ways to support and develop the artistic skills, contribute to the discovery, development and building of artistic skills of imprisoned women; while also forming the inmates’ ability to self-educate. This method of support and education provide the inmates with a fun, exciting and empowering occupation.

Key words: art, reintegration, feminine delinquency

Full article in Romanian:

Behaviour and adaptability – operationalizing notions and criteria in defining punishment execution regimes

Laura Mariana DEDIU

Abstract: Often, in the documents prepared for those serving a custodial sentence, information such as “behavior” and “adaptability” must be filled documented. The larger question is the functional definitions of behavior and/or adaptability, when used in a prison environment. This paper will offer the operational definition of these two terms for those within the criminal justice system (probation/parole, established enforcement regime, etc.).

Key words: prison, human behaviour

Full article in Romanian:

Public utility, taxation, and expropriation in the Romanian Constitution: comments on the two relevant articles

Alexandru ODEA

Abstract: We cannot discuss the reformation of the legal and the legislative systems without an extensive study of the institutional foundation of these systems. It is essential to examine the Constitution as the States fundamental legislative framework; this is particularly true in defining the rights of private property. The aim of this article is to offer a critical view on Article 44 (3) of the Romanian Constitution and respectively on Article 56 (1), articles that implicitly refer to private property rights. It will be argued that private property rights stand for the foundation of all other individual rights. An erroneous definition of the private property right leads to contradictory definitions of the rest of the individuals’ rights. This implies that the judicial and the legislative institutional reforms based on these incorrect definitions of rights will serve nor the justice nor the law.

Key words: private property right, constitution

Full article in Romanian:

Prison punishment in the case of juveniles and young people

Andreea FANDACHE

Abstract: The Romanian prison system has explicitly provided a differentiated regime for juveniles and young prisoners. The rationale for the Romanian criminal legislature to create a tiered system was to provide greater protection for this category of prisoners who are more vulnerable due to their age. This legislation also looks to remove the influence of older prisoners who could have a profound effect of the juvenile inmates. This paper presents both the common aspects between the freedom deprivation regime applicable to adults and the one applicable to children and young people, and the exceptions to the general regime.

Key words: juvenile delinquency, prison

Full article in Romanian:

Europeanization

Cosmin Ștefan BURLEANU

Abstract: Is there anything new in the research on the concept of Europeanization? Or should we focus on the changes of the civil law during history? The hypothesis I began is that modernization derives from Romania’s accession to the European Union. The European directives which have determined major changes in the national legislative system they leave a place for national diversity, as they are not compulsory. Therefore, the combination between the European Union formalization and national practice will give rise to a legislative system perfectly aligned to the super-national requirements. This article analyzes these standards which have to be in full compliance, and which will have as result a civil law able to meet the current needs.

Key words: europeanization, European Union

Full article in Romanian: