Raportul dintre traficul de droguri de risc și/sau mare risc și efectuarea fără drept de operațiuni cu produse susceptibile de a avea efecte psihoactive

The people and the Government of every country are now fighting another world war which is an all embracing and a tedious one. It is the war against drug addiction and trafficking. They are using every weapon at their disposal to fight it and to also curb the rate of its followers which are the addicts and as well as to stem the tide of its propagandists which are the traffickers. Among the penal codes of every country is the law against drug trafficking. This article focuses on capital punishment and drug trafficking and their ethical appraisal. It tries to see whether capital punishment is a morally justifiable system of criminal law and justice for the offence of drug trafficking. It founds out that there are problems with the use of capital punishment for the offence of drug trafficking. The article also shows that making drug trafficking a capital offence is immoral and it is not a requirement of justice , because capital punishment appears too severe for drug trafficking. Keywords : Drug, Addiction , Law, Capital Punishment DOI : 10.7176/JCSD/54-04 Publication date: December 31 st 2019

Object of handling in this scientific paper are criminal offences of narcotics trafficking in the Republic of Kosovo. According to data included in this paper the trafficking of narcotics constitutes a concerning phenomenon. The concern about this type of criminality is linked to a relatively high degree of their presence in Kosovo society. The research shed light about the fact that Kosovo is an important link for international drug traffickers. All this, due to geographic position of country because of the fact that in Kosovo there are over 25,000 drug users, but likewise because of the fact that over last two decades there has been a trend of continuous growth of drug process cultivation. Criminal offences of narcotics trafficking manifest numerous individual, family and social consequences. This criminal phenomenon is also damaging Kosovo's image in international terms. Kosovo is facing numerous challenges and problems in combating criminality, especially those related to narcotics. In this scientific paper has been indicated the Kosovo courts activities in combating criminal offences of narcotics trafficking as well as are given various ideas in terms of how it should be advances courts performance in combating this criminal phenomenon. For preparation of this scientific paper I have used legal, comparative, descriptive, survey and statistical methods.

In its jurisprudence relating to Article 267 TFEU, the Court of Justice of the European Union seems to oscillate between two different approaches. According to the jurisprudential mainstream, the preliminary ruling is an instrument of dialogue between national courts and the Court of Justice. This constant dialogue can fulfill the role assigned to the Court to ensure consistency of interpretation and application of Union law. Another line of cases, however, seems to make preliminary rulings means for individuals to ensure their rights which derive from EU law. These two visions of the preliminary references recently have been opposed in discussions about a particular aspect of the preliminary procedure, which is the late withdrawal of the question referred by the national court. In fact, when the national court considered that the response of the Court of Justice was not “necessary to render judgment,” it could, at any time, including both before and after the deliberate publication, date the judgment to the parties and remove this issue. Therefore, the jurisdiction of the Court of Justice became dependent on matters of procedure (dealings between the parties, amicable agreements, etc.) that occurred in extremis before the national court, which sometimes cast doubt on a possible manipulation of the Court by the parties to the main proceedings. It became necessary to find a solution to solve this problem. The two different visions were then compared. If the preliminary ruling is conceived as an additional instrument for the rights that individuals derive from EU law, there is no need for the Court of Justice of the European Union to make a decision when the dispute is resolved before the national court and the defendant has obtained satisfaction. Conversely, if the preliminary ruling is conceived as an instrument to ensure the uniform application and interpretation of EU law, this judgment may be necessary. In fact, without deciding in abstracto, the Court in its judgement will anchor an interpretation that should be applied in all similar cases in the courts of the 27 Member States. In this case, a judgment may still be necessary, even if the dispute before the national court ended off. In order to preserve this approach, the new Rules of Procedure now contain a provision in Article 100 (1) which reads as follows: “The Court shall remain seised of a request for a preliminary ruling for as long as it is not withdrawn by the court or tribunal which made that request to the Court. The withdrawal of a request may be taken into account until notice of the date of delivery of the judgment has been served on the interest persons referred to in Article 23 of the Statute”. Thus, the late withdrawal of a request for a preliminary ruling is clearly limited in time and, even if such removal would occur in extremis, the judgment of the Court will be delivered in the interest of interpretation and uniform application of Union law.

The purpose of the work is to assess the state of the criminal legislation on responsibility for crimes related to the illegal circulation of narcotic drugs and psychotropic substances. The subject of the research was criminal legislation, judicial practice and doctrinal sources. Methodology: the author used general scientific research methods, as well as a special legal formal dogmatic method. Conclusions: the author of the study, defining the current state of affairs in the field of criminal law combating illicit trafficking in narcotic drugs, psychotropic substances and their analogues in our country, notes the inconsistency and illogicality of the work of criminal law institutions in establishing responsibility for some crimes in this area, and also draws attention to the fact that the determinants of such a problem originate in an insufficiently objective assessment by the legislator of the current state of affairs. Scientific and practical significance: the necessity of taking measures aimed at differentiating the provisions of criminal legislation in this area, as well as introducing such a concept as «illegal drug business» into the current legislation is substantiated.

Straipsnyje analizuojami Europos Sąjungos Teisingumo Teismo jurisdikcijos pokyčiai po Lisabonos sutarties įsigaliojimo prejudicinio sprendimo priėmimo procese, pradėtame gavus nacionalinių teismų nagrinėjant baudžiamąsias bylas pateiktus prašymus išaiškinti Europos Sąjungos teisės aktus ir (ar) pasisakyti dėl jų galiojimo. Taip pat tiriamas nacionalinių teismų vaidmuo šiame procese: teisė ir (ar) pareiga kreiptis dėl prejudicinio sprendimo; reikalavimai procesiniams dokumentams, kuriais prašoma priimti prejudicinį sprendimą; specialiųjų proceso organizavimo priemonių taikymo sąlygos. Aktualios Europos Sąjungos Teisingumo Teismo jurisprudencijos analizė turi padėti atskleisti ir galimas jos raidos tendencijas.

This study addresses the issue of the legal individualisation of criminal punishments for drug trafficking offences provided for in the criminal legislation of the Republic of Moldova. The rationale of the scientific approach lies in the need for a perpetual harmonisation of criminal legislation to the new trends of manifestation of drug trafficking, in order to make the applicable deterrent arsenal more efficient in relation to the various practical situations of committing these crimes. The aim is to re-evaluate the legal criteria for the individualisation of criminal punishments for drug trafficking offences and to assess the degree to which these criteria correspond to the deterrent purpose of the criminal punishments applicable to drug traffickers. Some solutions for a reference law on the harmonization of the punitive regime established for drug trafficking offences in strict accordance with their seriousness were substantiated. Based on the national specificity existing in the Criminal Code of the Republic of Moldova (Republic of Moldova Criminal Code, 2002), it was proposed to create a separate incriminatory framework for trafficking in narcotic substances with narcotic effect, which are new generation drugs not provided for by the 1961 UN Single Convention on Narcotic Drugs (United Nations, 1961) and the 1971 UN Convention on Psychotropic Substances. The ineffectiveness of the quantitative criterion for individualising penalties for trafficking in ethnobotanicals, represented by their quantitative proportions, has also been demonstrated. In this context, the idea of individualisation of criminal punishments for trafficking in ethnobotanicals based on qualitative criteria, which are represented by the risks that these substances pose to the health of consumers, was promoted.

Agreement between the Governments of the Argentine Republic and the Republic of Chile on the exchange of information on criminal records for offences of illicit trafficking in narcotic drugs and psychotropic substances and asset laundering associated with those offences. Santiago, 14 March 2005

Background: The object of this paper is the criminal offence of human trafficking in Kosovo, addressing the negative and illegal phenomenon of this activity. It aims to pay special attention to the detection and prosecution of the perpetrators and the imposition of sentences and other criminal sanctions against them, with the sole purpose of combating and preventing it in society. Also, in this paper, some basic legal-criminal and criminological features of the criminal offence of human trafficking are analysed and treated. Given that this criminal offence represents a serious type of criminality, this study explores how it manifests itself in its consequences on the individual and society. This research conducted on human trafficking in Kosovo is of crucial importance because by studying this negative phenomenon, we can slowly conclude whether the victims were innocent or contributors to the issues leading to their trafficking. Methods: In preparing this research-scientific paper, very significant content for our country is presented using the following methods: comparative, statistical, graphic, historical, analytical, survey and case studies from 1999 to now. Through these research methods and techniques, we have recognised and addressed multiple aspects of the crime of human trafficking. Contrary to the common belief that there are enough studies on the victims of human trafficking and other criminal acts, this is not true. In many cases, the states have quantified the victims of various crimes and other criminal acts solely through numerical measures. The extracted statistics form the basis of data identification and conclusion, as well as determining the recommendations contained in this paper. Results and Conclusions: Trafficking in human beings is one of the most significant crimes of our time and a violation of human rights in itself, and in our work, we have encountered difficulties in coming up with the most adequate and concrete data to prevent and combat this. Phenomenon. Human beings are trafficked for the purpose of forced labour, illegal employment, the entertainment industry, forced and fake marriage, forced prostitution, etc. and this, in our case in the Western Balkans countries, is generally encountered because of socio-economic problems and freedom of movement. Human trafficking is a form of profitable organised crime and is believed to be important because the risk is low and the payoff is high; after drug and weapons trafficking and the prostitution trade comes as a great benefit, in our case, Kosovo, we have come across data from 1999 on how war refugees are abused and how narcotic substances are trafficked and used. The most common form of human trafficking is the trade of human beings for sexual exploitation or the purposes of forced prostitution. This is a challenge in our country because we do not have an adequate law to legalise prostitution. In this case, we have a lot of good organised in the region and Kosovo that abuse, especially minors, for prostitution and the purpose of the work is to issue an adequate law regarding the decriminalisation of prostitution to manage, control, prevent and combat human trafficking. The most frequent victims of this form of trafficking are children and women, who belong to the most vulnerable social groups, according to the data presented in the paper.

The article investigates the problem of determining the legal status of the concepts of precursors,
\nanalogues and derivatives of narcotic drugs and psychotropic substances. The author
\nmade an attempt to analyze the international (within the CIS countries) and Russian legislation
\nregulating illegal drug trafficking in order to eliminate disputes arising in the classification
\nof funds and substances prohibited in free civil circulation. In addition, the article discusses
\nthe basic concepts relating to the definition of precursors, analogues and derivatives of narcotic
\ndrugs and psychotropic substances, interpreted by Russian and international legislation.
\nThe analysis was carried out using traditional methods of modern jurisprudence. It should be
\nnoted that in order to classify a drug or substance as prohibited for circulation, it is mandatory
\nto conduct chemical and pharmacological forensic examination. Thus, deficiencies have been
\nidentified in forensic studies that do not allow for providing an unambiguous answer for assigning
\nan object as a precursor, analog or derivative narcotic drug or psychotropic substance.
\nIt is noted that the lack of a single method of obtaining the result of an expert opinion leads
\nto a large number of conflict situations that appear in law enforcement and judicial practice.
\nAlso, shortcomings and inaccuracy of terminology are revealed, which lead to an ambiguous,
\nand sometimes incorrect from the point of view of the law, interpretation. On the basis
\nof the study, the author developed proposals to improve the criminal legislation in the field
\nof determining the legal status of precursors, analogues and derivatives of narcotic drugs and
\npsychotropic substances in drug trafficking.

SummaryBackgroundAntibacterial resistant infections are rising continuously, resulting in increased morbidity and mortality worldwide. With no new antibiotic classes entering the market and the possibility of returning to the pre-antibiotic era, the Joint Programming Initiative on Antimicrobial Resistance (JPIAMR) was established to address this problem. We aimed to quantify the scale and scope of publicly funded antibacterial resistance research across JPIAMR countries and at the European Union (EU) level to identify gaps and future opportunities.MethodsWe did a systematic observational analysis examining antibacterial resistance research funding. Databases of funding organisations across 19 countries and at EU level were systematically searched for publicly funded antibacterial resistance research from Jan 1, 2007, to Dec 31, 2013. We categorised studies on the basis of the JPIAMR strategic research agenda's six priority topics (therapeutics, diagnostics, surveillance, transmission, environment, and interventions) and did an observational analysis. Only research funded by public funding bodies was collected and no private organisations were contacted for their investments. Projects in basic, applied, and clinical research, including epidemiological, public health, and veterinary research and trials were identified using keyword searches by organisations, and inclusion criteria were based on the JPIAMR strategic research agenda's six priority topics, using project titles and abstracts as filters.FindingsWe identified 1243 antibacterial resistance research projects, with a total public investment of €1·3 billion across 19 countries and at EU level, including public investment in the Innovative Medicines Initiative. Of the total amount invested in antibacterial resistance research across the time period, €646·6 million (49·5%) was invested at the national level and €659·2 million (50·5%) at the EU level. When projects were classified under the six priority topics we found that 763 (63%) of 1208 projects funded at national level were within the area of therapeutics, versus 185 (15%) in transmission, 131 (11%) in diagnostics, 53 (4%) in interventions, and only 37 (3%) in environment and 39 (3%) in surveillance.InterpretationThis was the first systematic analysis of research funding of antibacterial resistance of this scale and scope, which relied on the availability and accuracy of data from organisations included. Large variation was seen between countries both in terms of number of projects and associated investment and across the six priority topics. To determine the future direction of JPIAMR countries a clear picture of the funding landscape across Europe and Canada is needed. Countries should work together to increase the effect of research funding by strengthening national and international coordination and collaborations, harmonising research activities, and collectively pooling resources to fund multidisciplinary projects. The JPIAMR have developed a publicly available database to document the antibacterial resistance research collected and can be used as a baseline to analyse funding from 2014 onwards.FundingJPIAMR and the European Commission.

Chapter 11 examines the preliminary ruling as such, including the extent to which the Court of Justice reformulates the preliminary question. It considers when the Court of Justice renders the preliminary ruling as a judgment and when as an order. The chapter also examines when the Court narrows down the preliminary question, when it includes other EU law provisions, when it provides alternative answers, and when it includes issues that do not form part of the preliminary reference, but nevertheless may be relevant for the referring court’s decision of the main action. Moreover, chapter 11 analyses when and how the Court of Justice may tailor its preliminary ruling to the facts of the case before the referring court.

Asylum claims lodged by individuals who were involved in drug activities prior to their entry into the country of asylum raise complex questions as to whether they have committed a serious non-political crime under Article 1F(b) of the 1951 Convention and thus shall be excluded from refugee protection. The 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Trafficking Convention) - which is the relevant international framework for drugs in the field of international criminal law - indiscriminately considers all forms of supply related drug offences as 'serious criminal offences', irrespective of individual criminal responsibility. This conflicts with the complex nature of the drug industry particularly in countries affected by armed conflict and proportionality considerations inherent to Article 1F(b). Articles 31 and 32 of the Vienna Convention on the Law of Treaties provide a possibility to reconcile the ambiguous wording of the Trafficking convention with Article 1F(b) by means of interpretation. Offences for personal consumption as the least serious drug offences do not reach the seriousness threshold of Article 1F(b). Trafficking offences in turn attain the seriousness threshold only if aggravating circumstances prevail over mitigating circumstances, and if there are no grounds for rejecting individual responsibility or defenses to criminal liability. International, large-scale activities carried out by transnational organized criminal groups are factors that make drug offences most serious.

Indonesia faces significant challenges in narcotics control, particularly in balancing punitive enforcement with rehabilitation mechanisms. This study adopts a normative legal research approach to compare Law No. 35 of 2009 concerning Narcotics with the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Using statutory, conceptual, and comparative approaches, this study analyzes the regulatory orientation of Indonesia’s penal and non-penal strategies, particularly as reflected in the policy framework of the National Narcotics Agency (BNN). The analysis indicates that Indonesian legislation adopts a stringent enforcement model, including the possibility of capital punishment for certain trafficking offenses, whereas international standards emphasize proportionality, international cooperation, and preventive mechanisms. Although national law formally recognizes medical and social rehabilitation, its regulatory orientation remains predominantly enforcement-centered. The study also identifies normative and institutional shortcomings in the coordination between BNN and other agencies, such as the police, the Ministry of Health, and UNODC. It highlights the need for clearer communication frameworks, strengthened rehabilitation pathways, and closer alignment between Indonesia’s narcotics legislation and international standards. By reinforcing proportional penal measures alongside structured non-penal mechanisms and enhanced inter-agency and international cooperation, Indonesia may improve the coherence of its narcotics governance framework. A balanced approach that integrates law enforcement with rehabilitation remains essential within a sustainable and legally consistent drug control strategy.

This contribution critically examines the implications of the Request submitted by the Court of Justice with a view to amending Protocol No. 3 on the Statute of the Court of Justice of November 2022, which suggested the General Court be given the jurisdiction to hear and decide questions referred for a preliminary ruling under Article 267 TFEU. The key argument is that the structural consequences of the Court´s Request for the judicial architecture of the European Union go well beyond another mere technical (re)arrangement of a head of competence within Article 256TFEU. If implemented – and potentially further expanded in the future by transferring jurisdiction on preliminary rulings in other specific areas to the GC – the structure of the Union judiciary and the preliminary ruling procedure itself is bound to change significantly. preliminary rulings, General Court, CJEU reform, Article 256 TFEU

Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of the Union, given that the action for annulment is the basic means to exercise judicial review of the institutions' activities. The last set of changes introduced by the Lisbon Treaty refers to faster proceedings in deciding on preliminary rulings in certain areas when the interested person, whose position depends on the interpretation of EU law, is in custody. In addition, it allows for more effective judicial control in cases of default judgment or failure to fulfill commitments by Member States through the acceleration and simplification of the procedure for imposing financial sanctions.