Suchergebnisse

The aspects regarding the territorial delimitation of Cahul County are briefly examined. A new territorial circumscription was introduced in Romania, under the Administrative Law from 1938 – the land that included some counties. The Cahul County was a part of Lower Danube Land. There are analyzed the ways of the territorial delimitation accomplishment of Cahul County as the component part of the Lower Danube Land. The two archival documents which are relevant for the studied topic are presented in Appendix.

Territorial-administrative delimitation is a system of territorial organization, which serves as a legal basis for the functioning of local administrative institutions. Effectiveness of these institutions depends from rationality of territorial-administrative delimitation. Territorial-administrative delimitation follows location of local public administrative authorities at the first and second levels in a specific territorial, juridical and administrative framework for effective administration of locality, and in order to achieve principles of local autonomy and decentralization of public services. Under the chronological aspect, the process of territorial-administrative delimitation of the Republic of Moldova went through three distinct phases within two decades of independence: The first phase - perpetuation of centralized territorial-administrative delimitation of soviet type, which embraces the periods from declaration of Independence up to entry into force the Law no. 191 - XIV from 12.11.1998. Second phase - trying to build territorial-administrative system in the spirit of the principles of decentralization, which lasted from the date of entering into force of the Law no. 191 - XIV from 12.11.1998 until 29.01.2002, the date of entering into force of the Law no. 764191 - XIV from 27.12.2001. Third phase – returning to central territorial-administrative delimitation, which starts on 29.01.2002 and lasts till present. It is an axiom that the Republic of Moldova must give up the soviet system of territorial-administrative delimitation. It is more complicate to find the ideal model, which will correspond to new provocations that will face the Republic of Moldova in future. Determination of territorial limits of local collectivities is a very complex work and depends from a lot of facts. That is why, the judicious delimitation of territorial limits of local collectivities is important to consider the following moments: 1. Being by nature a matter of national interest, changing array of administrative organization of the territory of the state should be a result of public debates, determinedly with large participation of local authorities at the both levels as well as with citizens. 2. Territorial-administrative delimitation should be realized in a perspective of overall society development, as well as objectives and duties, which will return to administrative system in future. 3. The option for special model of territorial-administrative organization should be a result of one deep scientific survey. 4. For the delimitation of territorial-administrative units (as a number, structure, dimension, etc) can not be neglected social, material, financial and other nature costs, for short, medium or long term, that these activities involve and which the society must face. 5. Studying different models and practices of territorial organization of local autonomy has a great importance. Analyzing international practices in a matter of territorial delimitation, consequences of various options of local structures, such as studying arguments pro or contra of these structures in different states gave us the opportunity to establish that the process of territorial delimitation is determined not only by objective factors, but also by the subjective.

In February 1938, a monarchical regime was established in Romania. In order to strengthen the power of the monarch and his discretionary control over the administration, a new administrative law was drafted. Administrative law no. 2919, published in the Official Monitor no. 187 from August 14, 1938 grouped the 71 counties of Romania into 10 regions. The region was a territorial circumscription, endowed with legal personality.
According to the Administrative law from August 14, 1938, the county became a simple district of control and deconcentration of the central administration, losing its legal personality. The prefect was authorized to exercise the control of the local administration in the urban and rural communes of the county. One form of the control over the work of local authorities was their regular inspection. In April 1940, the prefect of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes, clarifying various aspects of the activities of local administrations. The results of these inspections make it possible to create a true picture of the realities of the Bessarabian villages to months before the territorial abduction in June 1940.

In February 1938, a monarchical regime was established in Romania.
In order to strengthen the power of the monarch and his discretionary control over the
administration, a new administrative law was drafted. Administrative law no. 2919,
published in the Official Monitor no. 187 from August 14, 1938, grouped the 71 counties
of Romania into 10 regions. The region was a territorial circumscription, endowed with
legal personality.
According to the Administrative law from August 14, 1938, the county became
a simple district of control and deconcentration of the central administration, losing its
legal personality. The prefect was authorized to exercise the control of the local
administration in the urban and rural communes of the county. One form the control
over the work of local authorities was their regular inspection. In April 1940, the prefect
of the Cahul County, colonel Dumitru Dobrescu, inspected the county communes,
clarifying various aspects of the activities of local administrations. The results of these
inspections make it possible to create a true picture of the realities of the Bessarabian
villages to months before the territorial abduction in June 1940.

The present article brings to the fore several details, which had been either unknown, or only partially familiar to the Romanian historiographers. The author refers to academic trajectories of the 14 young Romanians (almost half originating from Bucharest or Iaşi), who obtained their PhD in political and administrative sciences at the Free University of Brussels between 1885 and 1899. Over a third of them were also doctors in law. Of the 92 PhDs in political science awarded in Brussels between 1885-1899, the Romanians were on the second position in a formal hierarchy of the students who were not of Belgian descent. The foreigners counted 51 students, and the list was dominated by the Bulgarians, who had obtained 21 diplomas, while the Japanese held a distant third place with merely 4 PhD degrees.

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.

In order to develop a coherent legal framework in terms of territorial organization of public
power, it is important to elucidate the contents of the notions one operates with in this domain.
The conceptual incoherence on using the essential notions persists in the legal system of
the Republic of Moldova, which generates ambiguities and misinterpretations. To avoid such
situations, it is important to conceptualize the meaning of the essential notions with which one
operates both in the academic environment and in the system of public authorities.

The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.

The legal architecture of the EU is considered to be sui generis and like any other hybrid system, the process of integration and interaction with the older instruments of the member-states can sometimes become difficult. This article investigates the interventionist tendencies of the Bundesverfassungsgericht in EU development and the reactions of the EU Court of Justice. The main finding is that the German Court often acts as a balance setter in the process of EU integration. The research introduces the debate of the national states' legal resistance to integration and highlights the changes brought in this respect by the Treaties of Maastricht and Lisbon.