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The Right to Petition of the Detainees. Limitation of the Abuse of Law

Associate Prof.Ph.D. Mihaela Laura Pamfil
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Associate Prof.Ph.D. Mihaela Laura Pamfil: Associate Prof. Ph.D.m Faculty of Law within “Petre Andrei” University Iasi, Prosecutor, Deta Courthouse, Romania

Conferinta Stiintifica Internationala Logos Universalitate Mentalitate Educatie Noutate - Lumen International Scientific Conference Logos Universality Mentality Education Novelty, 2011, vol. 1, 123

Abstract: One of the problems which judicial system is facing nowadays is determined by the detainees’ abuse of the right to petition. The right to petition is recognized and guaranteed both by the national and international law. Using the right to petition, detainees make various requests, which it submits to the courts in various parts of the country. They claim initially that these requests are intended to defend legitimate interests, but all they want is to be transferred to another prison. So when the detainee comes in front of the judge he claims that he is not the author of the application. These applications make courts to spend time and determine a high cost to the state. The aim of this paper is to analyze the possibility to improve the national law in order to limit the abuses of the detainees and to respect the right to petition in the same time.

Keywords: right to petition; abuse of law; detainees’ rights; improvement of the law (search for similar items in EconPapers)
JEL-codes: A23 K40 (search for similar items in EconPapers)
Date: 2011
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