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National interest and government problems in the context of democratic transformations. The case of the Republic of Moldova
This article reviews the importance of national interest in the context of democratic transformations. The Republic of Moldova has to define its national interests as an opportunity to demonstrate that it has committed itself to respecting the values of freedom and tolerance, to demonstrate that it is open to bilateral and multilateral dialogue and cooperation and it tends to become a reliable security partner also by that gaining more audience and credibility. Even if the national interests of the Republic of Moldova are of a regional character, because its political and economic potential is limited, so it can not claim global roles in the world arena, the national interests synthesize the trajectories on the basis of which the Republic of Moldova conceives its present and the future. In democratic transformations, the role of state power in contemporary conditions does not diminish, but vice versa complicates and increases. Regardless of the social model that our society develops on, the state is the most important instrument for increasing people's well-being, building civical and political activity as well as strengthening the sense of citizenship. Thus, the course and results of democratic transformations are to a large extent determined by the quality of state leadership. The national interest is a well known determinant of political behaviour which motivates and stimulates different actors to develop political goals, to take actions that address both the political sphere as well as other social spheres. Starting from the premise that we are still doomed to governments formed by coalition, we consider absolutely necessary for all political formations to place on the first place the national interest, democratic transformation, sovereignty, human dignity, rights and freedoms, and not the narrow interests of the party or group.
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Consolidarea partidelor politice și reforma instituțională a autorității publice în Europa Centrală și Orientală: pluripartism și pluralism politic în postcomunismul românesc
In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 13, Heft 1, S. 111-124
The article explores the way political participation, representation and governance
are conceptualized and rationalized by the Romanian legislation on parties. The
plurality of parties was initially set up as a way to discipline and organize the
political pluralism manifest in society in order to contain it within the boundaries
imposed by the Constitution. This disciplinary vocation of parties was confirmed
and reinforced by the laws enacted in 1996 and 2003 that embedded parties into
a functional vision of democracy where they were explicitly endowed with
the public mission of ensuring the political integration of Romanian citizens.
The detailed rationalization of parties' mission to organize citizens' political
participation and to contain the expression of their political will contrasted
sharply with both the ambiguity of their governmental role within the "eclectic"
institutional design of the Constitution, and with their organizational friability.
"Vocea" naţiunii: politică şi reprezentare în Parlamentul român; 1866-1871
In: Studia politica: Romanian political science review ; revista română de ştiinţă politică, Band 6, Heft 3, S. 563-575
The article examines a few episodes during the 1866-1871 legislatures of the Romanian Parliament. The debate on the annual budget for 1867 represents a good opportunity for the members of the Parliament to define politics as a matter of opinion, with negative connotations, in opposition to the face-value and clearness represented by the mathematical percentages and figures. The latter ought to guide, in their opinion, good governance, which does not belong to the realm of politics. According to such a mental scheme, the members of both Chambers of the Parliament appear to be convinced that majoritarian politics and the fragmentation of the political parties must be utterly rejected in order to adequately realize representation. The difficulty of the Romanian members of the Parliament to define politics influences their difficulty to define their own role, namely the nature of political representation.
Relația "suveranitatea poporului - puterea publică": cazul Republicii Moldova
In: Studii alese de drept și științe administrative, S. 55-63
The sovereignty of the people in democratic states is implemented through the system of public power at every level of existence of territorial collectivities. That is why studying and improving the mechanisms of realization of public power must not be made in isolation, but holistically.
In order to define public power, it is necessary to address it not only from the constitutional law perspective, but also as a socio-political concept. The definition of the notion of public authority begins with the assumption that it is a socio-political category, and the study of it must consider its essence, its forms and levels of its realization. Only the theoretical clarification of these essential concepts could permit the "decoding" of the legalities of public governance and identification of the most efficient mechanisms applicable to contemporary society that would promote the efficient involvement of the people in the realization of public power.
Scurte note cu privire la cenzura din Ţara Românească: Două episoade din biografia lui Constantin N. Brăiloiu (1849-1850, 1858)
In: Analele Universității București: Annals of the University of Bucharest = Les Annales de l'Université de Bucarest. Științe politice = Political science series = Série Sciences politiques, Band 4, S. 33-42
Limitele efectelor lucrului judecat în materia asigurărilor sociale: Încălcarea art.1 din Primul Protocol la Convenția Europeană a Drepturilor Omului prin respingerea de către o instanță a pretențiilor privind drepturi de pensie de invaliditate ca urmare a reținerii autorității de lucru judecat în p...
In: JurisClasor CEDO, Heft 11
The article presents the judgment delivered by the European Court of Human Rights of 5 March 2020 in GROBELNY v. Poland, by which the Court found that Article 1 of the First Protocol to the European Convention on Human Rights had been infringed following the rejection by national courts of the applicant's claim for compensation equal to the invalidity pension which he was unlawfully deprived of by applying the res judicata principle, despite the existence of relevant and sufficient grounds for departing from that principle, namely the fact that the applicant's deprivation of pension rights was the consequence of a manifest error attributable to the public authority, found as such by the court in the second dispute. The Court held that, in this way, the national authorities had failed to ensure compliance with the principles of social justice and fairness or good governance and that the burden to which the applicant was subject was disproportionate, since he was required to bear the consequences of the errors attributable to the public authorities on his own, even though he did not have any other legal means to compensate for the damage. The article also contains an analysis by the author of the ECtHR ruling.
Votez, deci exist? Un studiu longitudinal al participării la vot în alegerile parlamentare din România
In: Sociologie românească: Romanian sociology, Band 9, Heft 3, S. 90-120
ISSN: 2668-1455
The paper analyzes the dynamics of electoral participation and its predictors in Romania, using both official data on turnout and post-electoral survey data. The turnout in the Romanian parliamentary elections has declined by over
50% in the last 20 years of democratic reconstruction. However, turnout decline is
unevenly distributed, being more dramatic in the last decade especially in the urban
areas as well as among younger cohorts of voters. The decline of turnout in parliamentary elections is also accompanied by a shift in the importance of the predictors of voting. The analyses of electoral participation and its predictors
suggest that voting in the Romanian parliamentary elections has become the attribute of a minority of citizens who still feel closer to a political party, are interested in politics, trust the political institutions and leaders, ideologically place themselves at the extremes of the left-right axis, and of those who are more exposed to mobilization attempts both because they live in smaller communities in the rural areas which are more easily controlled by local political leaders and because they are part of social networks that are influenced by political parties or politicians.
This is the "hard core" of a generally apathetic electorate which is unconfident in the efficacy of elections as a tool for producing social transformations, a public which is becoming less and less demanding with the politicians after the subsequent disappointments with the democratic governance after 1989.
ATHENIAN DEMOCRACY: FACE-TO-FACE DEMOCRACY OR THE FIRST DEMOCRATIC EXERCISE
This article examines some issues related to the visions of the ancient Greeks on the polis, the emergence of (classical) Athenian democracy and the transition from Greek democracy to Roman (republican) democracy. It supports the idea that in the analysis of the evolution of the democratic phenomenon, a logical succession of distinct stages is noticed - from ancient democracy, to modern democracy and, finally, to the democracy of the future. Particular attention is paid to the understanding of the ancient Greeks on the fortress, because the city-state, being a form of organization specific to Ancient Greece, fulfilled several roles - military, political, economic and religious. But the main function was the political one, represented by certain leading institutions of the inhabitants of the polis. It is shown that the concept of democracy was created to describe an evolving reality, a type of city-state in which the citizens govern themselfs. The Athens was, in fact, not the only democracy of the ancient Greek world, but it manifested itself most fully through its stability and durability for about two centuries. Considering that the glory moments of the (classical) Athenian democracy comprise three prominent figures - Solon, Clistene and Pericle, the institutions of this democracy are identified and at the same time described. It is concluded that the Athenian polis aimed at a systemic interrelation between the state and society, andthe participation in the governance of the citizen-governors assumed that the people (the demos) would engage in legislative and legal functions.
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Aspecte conceptual-tipologice privind sistemele electorale locale
Conceptual-typological Aspects of Local Electoral Systems A democracy cannot be built unless it is based on free elections. Elections are a sine qua non condition of democratic governance. Elections are the central procedure of representation in modern democracies, and our generation has made substantial progress in understanding how voters come to make decisions. The elections were imposed in the constitutional history of the world as activities whose social and political effervescence in society is specific, competitions in which the best ones win. In fact, we make the first finding: the local electoral system is a fundamental area of society, the way it is managed and carried out, it reflects the level of development of democracy. The country's implementing bodies are chosen and this is why it is so important that it is organized and carried out correctly, transparently and democratically. The local electoral system is essentially created for citizens and must represent their interests, which we must recognize, often in practice does not happen very often. The actuality of the theme of this article starts from the premise that an electoral system is closely linked to democracy, because it expresses its values, thus constituting an indicator of the democratic character of a society and, at the same time, it contributes to the strengthening of democracy. Although there are different realities, and the electoral procedures differ from state to state, however, it can be said that, depending on how the mandates for the eligible positions are distributed (won), there are three modalities of electoral system: majority electoral system; proportional electoral system; mixed electoral system.
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Coordonarea afacerilor europene la nivel naţional. Mecanisme de colaborare între Guvern şi Parlament în domeniul afacerilor europene. Studiu comparativ în statele membre UE
In this study, we analyse the manner of developing a particular system of coordination of European affairs at national level, as well as its efficiency, the aim being to provide suggestions for improving it. The introductory section highlights the need for such a study, given the current political and institutional context of Romania, and it states the objectives of the study. Special attention is given to presenting the theoretical approach (expressing, on the one hand, the authors' vision that European affairs - distinctly from foreign affairs - are part of the complex governance process specific for the European Union (EU) and, on the other hand, operationalizing the idea of efficiency within a national system for coordinating European affairs, etc.) and the research methodology (reasons for choosing a comparative research design to support the presented arguments, as well as the qualitative research performed). In the first part, the paper also provides information on the legislative and institutional configuration of the EU, following the entry into force of the Lisbon Treaty, because the novelties and reforms brought by this regulatory framework (supperior to the one of the Nice Treaty, but inferior to the proposals stipulated within the Constitutional Treaty) have a direct impact on designing the structure for coordinating European affairs in the Member States. Given that in Romania the European affairs coordination system was initially inspired by the French model, while later suffering a series of institutional changes (some inspired by models from other EU states), an important part of the study addresses the need to know, from a comparative perspective, the best practices in European affairs coordination and cooperation mechanisms in other EU Member States. [.]
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Antireforma teritorial-administrativă din anul 2003: cauze şi consecinţe
In: Modernizarea administraţiei publice în contextul democratizării sistemului politic şi proceselor integraţioniste, S. 59-72
The review in 2003 of the territorial-administrative structure for the purpose of replacing the 10 districts with 32 districts, and the creation of 252 new administrative-territorial units of the first level was, to a certain extent, a return to the old administrative organization of the Soviet period.
Democratization of the society needs to change the focus towards local initiative and the strengthening of regional centers. The improvement of the administrative-territorial structure is an effective lever to encourage local initiative and to successfully implement the functioning of the public administration.
The logical organization of a State's territory contributes to the judicious ordering of state power and administration. It meets the general interest and fully meets the local needs and requirements contained in the administrative-territorial units.
The administrative organization of the territory must meet the judicious division of the territorial limits taking into account the traditions, mentalities and the needs for good governance and democratic criteria.
The option for a particular model of administrative-territorial organization must be the result of deep scientific investigation.
The territorial-administrative reform requires a thorough preparation. It is necessary to provide substantiation of political, economic, social and financial standing of such actions. The problem of financial resources, which primarily refers to training local taxation, is a vital issue. This is because it involves financial autonomy, a central component of local autonomy, without which the decentralization can not work. Insufficient training can lead to some unexpected consequences or compromising actions.
In organization and demarcation of territorial administrative units (by number, structure, size, etc.) the social, material, financial costs and all the activities related to them can not be neglected for a short, medium or long term.