Suchergebnisse

In Romania, the national provisions transposing EU Framework Decision 2008/909 / JHA
on the application of the principle of mutual recognition in the case of judgments
in criminal matters which impose punishments or custodial measures for the purpose
their execution in the European Union are found in Title VI of Law no. 302/2004, regarding the judicial cooperation
Those provisions must be interpreted in the light of the text and the purpose of the Framework Decision, according to the principle of conforming interpretation, and also taking into account the jurisprudence of the CJEU in interpreting the same Framework Decision. The article presents national case law regarding practical issues on different aspects of the application of Framework Decision 2008/909 /JHA and CJEU case law.

Choosing arbitration as a way of resolving legal disputes, it involves the guarantee of principle regarding contractual freedom. This principle is also established in ECtHR's jurisprudence. In this situation the question is whether the court can impose or sanction an arbitration decision that violates the ECtHR rules. Under the ECtHR's jurisprudence, it is not necessarily an arbitration decision to be canceled because it did not correspond to all the guarantees of Article 6. Each contracting State, in principle, can decide the reasons an arbitration decision should be annulled or not. An arbitration agreement, reached between the parties, restricts voluntarily the right to access to courts and dispute settlement in accordance with their rules of procedure. Thus, the parties to an arbitration agreement must be "fully aware" of giving up this fundamental right and once validly waived this right, they cannot plead infringement of it. European Convention on Human Rights is binding on judges only indirectly, only the proceedings of the court in connection with the arbitration proceedings are subject to the European Court of Human Rights, but not the arbitration procedure itself. So, ECtHR in Article 6 (1) of the Convention is not directly imposed to arbitration courts, but obliges courts of contracting states to establish appeal against arbitral order to verify the correctness of the arbitration proceedings and to quash decisions that disregard the fundamental procedural guarantees laid down in the European Convention on Human Rights.

Cinematography was deliberately organized, financed and oriented towards the purposes of the system and consequently became the most effective element of political and cultural pedagogy. The synchronic correlation between word and image, the power of visual suggestibility, empathy as an emotional response to the actors' performance - all these had immediate effects on the collective imaginary, on the perception of reality as a social and identity-forging project determined by the emergence of the ideological discourse. The Romanian socialist cinematography from the time of Ceauşescu synthesized and systemized a coherent and explicit system of values wherein it integrated the message of literary and other artistic works, of variegated forms of cultural expression, so that Romanian cultural axiology could find new possibilities to stand out in strict dependence to the institutional and optional structures of mass culture. The cinema per se thus became a sort of pedagogy for universal use, rendering the past heroic, as it exacerbated the national ego via the instruments of entertainment. Highly permeated ideologically and quasi entirely subordinated to the Communist cultural policies, the cinema production, carried out because of the appeal to emotions and collective memory, thus became part of the official discourse and orientated its issues, especially after the 11th Congress of RCP, according with the political and ideological interests of the national Communist project. The analysis focuses on the Romanian historical films with subjects and episodes relevant for the ancient and mediaeval history, in relation with the efforts of identity reconstruction, coordinated during the Communist regime in relationship with the project of the socialist nation's building and, after 1989, in relationship with the attempt of reconsolidating, sometimes from a radical perspective, the nationalist mythologies. Socialist patriotism thus incorporated many stereotypes drawn out from the ante-bellum, as well as from the inter-bellum Romanian spirit: the lyric of self-identification expressed by the film soundtrack and by the majestic character of the heroic gestures, the heroic epic obvious in the popular ballad pattern of pre-modern nature, the activist pedagogy specific to all forms of identitarianism. Despite all this ideological infusion, the mythology of Romanian historical films during the Communist nationalist times remains one of a sadistic-masochistic nature, cultivating the fear towards the Other, fatalism, expectation and obedience, all chronic and historicized.

In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID-19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.

THE ROLE OF SECURITY SERVICES IN ENSURING NATIONAL SECURITY Throughout historical developments, ensuring national security is a priority for the states of the world. In the mechanism of ensuring the security of the state, the intelligence and security services, through the connotation of its meaning and attributions, have always played a primary role. This is explained by the fact that the role of intelligence and security services is not only to identify security risks, opportunities and vulnerabilities, but also to argue with the representatives of the political power the consequences of decisions they take based on the information presented by the intelligence. The information covered by these institutions is relevant in making the decisions necessary to prevent internal and external threats, as well as to promote national security interests. The Security and Intelligence Service of the Republic of Moldova has an important role in the state security bodies, representing a component of the national security system. Keywords: national security, intelligence and security services, state, national interest.

The article argues that mediation, in its essence, is a mechanism for social development, and solving problems in the public administration system through mediation contributes to organizational change and personal development of civil servants. The problem under investigation is to identify the factors that determine the final states of the social costs and benefits of the parties involved in the conflict and the methods of effective conflict management. According to the specified research problem, the conceptions about conflict are reviewed, which serve as a support for the steps taken in the analysis of the phenomenon of conflict in the public administration. The paper describes the elements of the conflict phenomenon and conflict management styles and states that the constructive approach to conflict resolution, based on active action strategy and the application of the win/win principle, is a mechanism that offers the possibility to change the current conflict situation and improve the decision-making process.

Nicolae Ceauşescu was born in 1918 and he died in 1989. Due to the extraordinary changes that the Romanian society witnessed during his time, the biography of this son of the peasantry may be re-signified in several vastly contradictory ways. For all intents and purposes however, he may be placed in the category of "professional revolutionaries", an extremely positive valuation within the contemporary Leninist ideology. Once in contact with the illegal communist movement, Ceauşescu became an outlaw, practically from the age of 15. The aftermath of WWII thrust him at the core of decision-making and at the focal point of Romanian power, a position he retained uninterruptedly until three days before his death. He held absolute power for nearly a quarter of a century. His atypical biography also dwindled his already scarce grasp of reality. The propaganda that had sustained the cult for "professional revolutionaries", and -during the final decades- the cult of his own personality determined grave distortions in his social perception, leading, in the "Ceauşescu case", to the "ultimate solution".

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

One of the essential objectives of this work is to change the optical approach of the local power phenomenon, opting for the approach of the territorial organization of local power from the perspective of the realities of the contemporary world. Within the thematic framework of the paper, I have pursued that the territorial organization of local power to be treated from the perspective of political and administrative sciences, referring to the Moldovan realities, but also to the influences of the integration in the European space. In order to solve the theoretical and practical problems related to the efficient territorial organization of the public power, I have used the paradigm of the territorial organization of the public power as the basis of the phenomenon investigation. The key idea of the paradigm is that the phenomenon of public power in the contemporary democratic state must be tackled not only in relation to the state but more broadly in the aspect of the existence of both the public power of the people and the existence and functioning of the local collectivities' public power as a power that has the same social nature but is different as form and content from the state one. These communities have their own public power, based on two essential elements: the local population and the local electoral system through which its representative bodies (decision-making and executive) are elected. The chapters of the papers imply complex researches regarding the territorial organization of the local power, in the idea that they would allow to identify a model of territorial organization of the local power in terms of the interests and needs of local collectivities in the Republic of Moldova. The final objective of the paper was to develop a theoretical vision of the reform of the territorial organization system of local power in accordance with the new realities and that would meet the political, social and economic challenges facing the Republic of Moldova. Reforming the territorial organization of the local public power on the basis of the recommendations made in the paper will help to overcome the negative tendencies that occur in the processes taking place in the society. Searching solutions to solve or identifying possible ways to resolve a problem does not necessarily mean finding an undoubtedly mean to solve the problem or a definite answer to the existing issue. In many cases, scientific researches does not put the end point in a scientific dispute or in a contradictory approach of a phenomenon, they only develop it, broaden the knowledge space and update it, providing research space to other researchers concerned about that issues and opportunities of choice and documentation for political decision-makers.

Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.

The study presents in-depth interviews with decision makers from the Polytechnic University of Timisoara on the involvement of students in practice, research activities, their support for employment, the relationship with the faculties after graduation and the prospects for the coming years.