Suchergebnisse

Referral to the CJEU for the pronouncement of preliminary rulings regarding the interpretation of European Union law cannot have a purely theoretical purpose (e.g. the Court Ordinance of October 7, 2013 in case C-82/13) but a necessarily practical one, such as to allow the national court to resolve the specific dispute with which it is vested. Therefore, knowledge of the judicial decisions pronounced by the national courts after receiving the answer to the preliminary question from the CJEU is very important to evaluate the implications of the CJEU jurisprudence in the law of the member states and the effectiveness of the dialogue between it and the national courts. Next, the decisions of the courts in Romania are presented in some cases in which the CJEU was referred with preliminary questions, respectively those that were resolved in the cases registered on its roll with no. C-62/19, C 354/18 and C 644/19.

A marriage amongst youth belonging to the Greek-Catholic and Orthodox confessions was considered almost normal in certain communities. This can be explained by the fact that few parishioners could grasp the differences between the two confessions. At the same time, we have the ethnical aspect. Ethnie could not be separated in this case from confession, as both Greek-Catholics and Orthodox in the area are mostly of Romanian ethnie. These elements should be considered especially since we considered a mainly rural area, where customs "laws" are superposed over the official ones. On the other hand, in the mixed Greek-Catholic and Roman-Catholic communities, inter-confessional marriages are easier accepted on the "official" level.
An important constraint, or, on the contrary, a strong determination against a mixed inter-confessional family came from the families. As mentioned before, a strong pressure against achieving a mixed marriage came from the church. Both parishes to which the youngsters belonged had to be consulted. In order to have a religious marriage, they needed an engagement exemption from the archpriest (they came weeks, even months late, there were situations when the marriages were not accepted, so there would be no exemption). They had to pay a large amount for the exemption, so that many youngsters could not afford to pay for it; this was often solved by clandestine "wild" marriage. However, both the State and the Church wished to stop this phenomenon, so they took steps in this area.

This study consists in an analysis of the modern Romanian conservatism's evolution. Starting with the semantic definition of the term "conservative", the author sketches the circumstances of its use in the Romanian political language in the middle of the 19thcentury and later in political practice. The author highlights that in the 50's and the 60's decades of the 19th century there was a great interest in a precise definition of the term in the political vocabulary. It was the time when "conservative" together with its antonym "liberal" were two political terms just entering the political language. Also in Romania, the conservatism defined its identity from the ideas of natural progress, organic evolution, order and legality in the spirit of the ideas of E. Burke, already common in the political imagology of the European conservatism. At the beginning of the 20th century Romanian conservatives continued to use the specific vocabulary and ideas of the former century, trying to unveil the consequences of the forced modernisation of the country, so that later, after the First World War, to disappear as a party from the political stage; conservative doctrine persisted in a fragmentary form in the interwar period.

Our study, as we intend it, upon the vulnerability when confronted with death and death rate is structured as a research which is closed to classical historical demography but without neglecting the particularities and individualities of this phenomenon. We are interested both in the general tendencies and in the specific ones. This being our intention, we will try to catch both the phenomenon of regional mortality and the event of death in the many families we have studied during this research work.
The profound economic crisis of this period in the Austrian-Hungarian monarchy together with the epidemics (we have in view especially the 1872-1873 cholera and its prolongation) exercise a strong demographic pressure that brings to our attention mainly the vulnerability of these communities. Towards the end of the analyzed period we can notice a certain decrease in the rate of mortality in the two counties, values that are close to the average ones in the counties of Transylvania. These tendencies may be caused by the remarkable progress in the field of medical assistance, progress that indicates more and more rare strong zones of high mortality. The diminishing of the death rate in the two counties was due to a clear progress recorded by the urban communities of Oradea and Satu Mare.

By analyzing the parliamentary debates of 1866-1867 on foreigners' (notably Jews) requests for naturalization and property rights, this article tries to identify the parliamentarians' answers to the following questions: On what grounds were foreigners accepted as Romanian citizens? How did the parliamentarians define the foreigner? What was required from a foreigner in order to become a citizen? The overall objective is to identify some major themes that preoccupied the representatives of the nation, circumscribed around the primordial character of the "union" and of "nationality", with a special focus on the solutions proposed by the liberals. The argument is that the Parliament, by its vote, instead of granting citizenship rights, merely established the conditions according to which one could become a Romanian. In other words, the Romanian legislators considered it to be of outmost importance to recognize the quality of being a Romanian, that is, a member of an ethnic body, and not to define citizenship as a legal membership. "To be a Romanian" was more of an ethnic belonging, a "given", than citizenship or civic loyalty, defined through political and civic rights. It seems that citizenship was crushed by the primordial character of ethnic loyalty and by the weight of the state as expression and guarantor of the Romanian nation. In engaging the parliamentary debates about naturalization, the article attempts, first, to draw more nuanced conclusions about the lately much-debated character of citizenship in Romania and Eastern Europe during the mid-19th century. And second, such an analysis may provide a better understanding of the nature of political representation during the same period.

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.

The article offers a brief overview of the administrative-territorial organization and reorganization in the former county of Arad. Old medieval boundaries have known significant changes after the installation of Habsburg rule. Political, social and military reasons determined the imperial authorities to make several reorganizations of the area. Institutions were designed to ensure proper functioning of the county, but also contributed to the upgrade of the administrative structures on the Enlightenment spirit.

Drawing upon the first Romanian journal devoted to the broad promotion of hygiene and health education -The Sanitary and Hygiene Handbook- the article investigates the interaction between politics and medicine, politicians and doctors in modern Romania. Published uninterruptedly between 1899-1907 and considered "essential for the rural sanitary service", the journal shows the evolution and predicaments of the position of the medical profession: as public servants, the physicians were agents of the various territorial sanitary administrations; however, by virtue of their medical expertise and field experience, they were also harsh critics of local and central authorities, claiming a special status in both the design of health policies and their implementation on the ground. This dual and conflictive nature of the medical profession added to the increasing polarisation of the medical profession and of the sanitary staff as a result of the salient "proletarization" of its members in the rural areas, as opposed to the elitist character of the corporation in the capital, well represented among MPs. At the beginning of the 20th century, the debates hosted by the journal testify for the transformation of hygiene and medicine from a doctor-to-patient relation to a generally acknowledged policy sector.

The article describes the first elections organized in the Romanian Principalities
based on the Regulamente Organice (a Romanian proto-constitution), namely the
legislative elections for the so-called Adunări Ordinare Obşteşti (Ordinary Public
Assemblies), but also the election of Gheorghe Bibescu as head of state by the
so-called Neobicinuita Obştească Adunare (Extraordinary Public Assembly) in
1842. The article analyzes the genesis of the legal provisions under Russian influence,
but also the vote itself. The author reaches the conclusion that modernization
begins before the 1848 revolution.

This study proposes an analysis of how the National Liberal Party (PNL), the National Peasant Party (PNT) and the National Christian Party (PNC) used caricatures, lyrics or electoral posters to build a more favorable image of their own party or compromise the opponent. Based in particular on the sources existing in the official party press and the so-called independent one, we proceeded to a description of the three elements, including the meanings and messages intended for the electorate. With a predominantly rural population (over 80%), poorly educated in regard to civic issues, caricature and electoral lyrics were used in particular by the PNT and the so-called independent press to attack the ruling party, as well as the formation of A. C. Cuza and Octavian Goga, and to target those with a nationalist-peasant affiliation. Through the three types of confrontation, the parties in our study have endeavored to transmit as effectively as possible the eccentric populist and manipulative messages aimed at attracting thousands of voters. Although both the national and the nationalist-peasant press used caricature and versification as a political weapon, there are immense differences between the contents of the two camps, the caricaturist Petrică Lazar and the anti-Semitic poet Vasile Militaru - known also under the pseudonym of Radu Barda - preferring the construction of satirical images and poems that contained huge doses of grotesque, beliefs and prejudices about the Jewish minority.

The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.

The paper shows that Jewish memory and Israeli memory are two distinct and sometimes even opposite, intellectual constructs. In order to assess this statement, we chose one specific topic: the birth of the evenimential perception in Jewish eyes, a phenomenon linked to the Zionist thought. A real intellectual revolution were achieved in the 19th and 20th centuries, which returns up side down the antique, medieval, and even early modern paradigms of Jewish time perception. It is precisely this reversal that led to the political activism and the foundation of state of Israel.

This study proposed, first, to carry out, based on archive documents, an incursion as regards matrimonial relationships of XVIIIth century with all legal, economic and social connotations involved. The marriage contracts studied fall into a typology more closely of what was happening in the same period in Western Europe than in South Eastern Europe. This is because such acts have emerged within the former county of Arad in the first half of the century after the establishment of Habsburg domination and after the German colonists were brought into the area.
Besides the juridical problems regarding the contractual liabilities of the spouses, the status of the children, some problems related to wealth and dowry, I tried to mark out some aspects regarding the everyday life of Arad's inhabitants in the XVIIIth century.

The article is an analysis of European Union legislation on conservation and protection of biodiversity. It emphasizes the achievements of the activity of the EU in this area, mainly the establishment of the Natura 2000 Network, examining the obligations of the Member States that are stipulated in the Birds and Habitats Directives. It points out to the integration of biodiversity protection in other fields of EU sectoral policies as well.