Suchergebnisse

In the conservative imaginary, at least in the cases of Constantin N. Brăiloiu and Alexandru N. Lahovary, France was not deemed a functioning political model (i.e., a political or constitutional regime) that Romania should have followed. Compared with the English political model (or rather with the Anglo-Saxon one, since the reference sometimes included the United States of America) and with the Belgian regime, France was certainly a less favoured option. However, without exception and despite all discursive artifice, in the perspective of these two politicians, who were evidently Francophile, both by education and by cultural affinities, France undeniably remained a landmark of civilization or administrative and economic efficiency, and sometimes a beacon of legal inspiration. It must be said that the latter perception was in no way related to Constantin N. Brăiloiu and Alexandru N. Lahovary's conservative convictions. It was commonplace in the local cultural imaginary, which, regardless of one's political, social or cultural affiliation, repeated the encomiastic mantra dedicated to imperial France, to whom the Romanians were convinced that they owed the existence of their nation. In fact, one should not overlook another typical belief of this political imaginary, which is illustrated in our case by Alexandru N. Lahovary: the Romanian politicians were persuaded that the ideals included in the Declaration of the Rights of Man and of the Citizen were exclusively due to the France of 1789.

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.

The first elections to which the Romanians from all the united historical provinces took part were the parliamentary elections of November 2-8, 1919. The elections were held on the basis of the articles of a new electoral law that introduced the universal vote in the electoral practice in Romania. Thus, the Romanian rural area has become an attractive electoral basin for the political parties. Subsequently, the extension of voting rights for women also made the rural area a constant provider of votes for the candidates of political parties in both parliamentary and local elections. The first election exercise under the conditions of an extended electoral space was the local elections of February-March 1930, which were held in stages. On February 5, 1930 elections were held at the county level, and between February 9 and March 16, 1930 at the level of communes. In the communes with several villages the elections for the local councils took place on the days of 9-12 February, in the ones with a single village between 9-12, 16-19, 23-26 February and 2-4 March, and in the cities and municipalities on March 14 and 16, 1930. On February 5, 1930 elections were held for the Cahul County Council. But, the results and the way of conducting the elections were contested. On February 21, 1930, the local review committee of Chișinau admitted the contest against the elections of February 5, 1930 of the Cahul County Council and invalidated the respective elections. The Minister of the Interior Theodor C. Marinescu by his telegram from April 30, 1930 ordered the Local Ministerial Director III Chisinau to comply with the order of the Ministry of Interior no. 1972 of April 2, 1930 and to dispose, according to art. 388 of Law 167/1929 "the convening of the electoral body for the election of the Cahul county council, whose election was invalidated, necessarily until June 1, 1930". In the circumstances created, the Local Ministerial Director III Chișinau ordered the summons of the voters from Cahul county on June 1, 1930, to conduct the county elections. At the new elections on June 1, 1930, only three electoral competitors entered the race, with one less than at the February 5 elections: the National Peasant Party with two lists and the Liberal Party with a list. On the electoral lists for the participation in the county elections of June 1, 1930, 40,403 voters were included in the 15 polling stations. 24,153 voters participated in the elections, which constitutes 59.78% of the total number of those included in the lists. A considerable number of votes - 1,050, were canceled, and 287 declared void. The number of legally cast votes was 22,816. In the result of the election the electoral competitors obtained the following results: The National-Peasant Party, on both lists - 17,903 votes or 78.47% of the legally expressed votes and the Liberal Party - 4,913 votes or 21.53% of the legally expressed votes. The elections of June 1 in the Cahul county council were held under the conditions that the National-Peasant Party had achieved an absolute victory in the other counties of the country - 81.77% of the county councilors' mandates. The meeting to establish the Cahul County Council took place on July 27, 1930. The Cahul County Council elected, for a period of 5 years, as president of the Delegation of the county council the lawyer S. Botezatu, who obtained 19 votes out of 30. Members of the delegation of the county council were elected councilors V.Uzun, C. Rădulescu, Gh. Chirciu and A. Sprînceană. With the validation of the county councilors and the legal constitution of the county council's governing bodies, we can consider that the epic of elections for the county council in 1930 were completed.

Until 2019 the parliamentary elections in the Republic of Moldova were based on a proportional system on party lists, at the parliamentary elections of February 24, 2019 it was applied the mixed voting system, an uninspired mix between the proportional and the majority system.
There were created 51 uninominal constituencies for the parliamentary elections of February 24, 2019, of which 3 over the borders of the republic, 46 on the territory of the Republic of Moldova controlled by the constitutional authorities and 2 in the Transnistrian region.
There are examined the particularities of conducting the parliamentary elections in the uninominal constituency no. 43, Cahul municipality: the profiles of the candidates, their electoral actions and the results obtained in this electoral constituency.
It was found that a common tendency for candidates was, in many cases, the reorientation of the electoral discourse from the issues of "national interest" to those of "local interest", even if their solution is not within the competence of a deputy.

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.

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.

Universal Declaration of Human Rights is an essential reference to human rights and freedoms. Both the Declaration and the Constitution obliges authorities, especially justice and therefore constitutional justice to respect fundamental rights and freedoms, including those through which is ensured protection of personality's spiritual side. The right to a fair trial has a special place among the fundamental rights in a democratic society, whose level should be inherent in any system of law. The right to a fair trial in an independent and impartial court is recognised in customary international law so that those states that have not yet ratified the international instruments are also bound by law and the judicial system to adapt their legislation appropriately. The right to a fair trial has several components such as access to justice, a fair and public case in a reasonable time, examination of the case by an independent and impartial court, established by law, advertising delivery decisions. The right to be tried by an independent and impartial court is so elemental, exciting Human Rights Committee status as an "absolute right not bear any exception". The right to a fair trial also means a reasonable opportunity to expose any part of his case to the court in a manner that does not disadvantage the opposing party, which is achieved by ensuring its rights of defense. Parties have the right to be assisted by an attorney, elected or appointed by office. Realisation of the right to defense is ensured by the organisation and functioning of the judiciary, which is based on the principles of legality, equality of parties, gratuity, collegiality, publicity, immutability and the active role of the court. To enact a law the court as part of a fair trial takes into account the competence to hear the case, both materially and territorially. In this context, statutory legislation provisions are clear and precise, clearly delineating the powers of courts, the costs involved in the administration of justice. To understand and respect the provisions is of paramount importance in realisng the right - a prerequisite to the existence of balanced and harmonious society.

This article try to observe if some concepts which was used in order to explain the changes in the western party systems can be use for the Romanian case too. We concentrate our analyze on the concept of "cartel party" and his emergence in the Romanian political space. The Democratic Party was chose as a study case because we think that this political organization illustrate very well our hypothesis that in the last years, in Romania we pass from a model of mass parties to catch-all parties and cartel parties. We must clarified that this concept of "cartel party" can be understood only if we have in mind that the hole party system is subjected to the same cartelization logic. The author focuses his analysis on the evolution of the Democratic Party between the two electoral moments of 2000 and 2004, whit a special attention on the modalities for establishing the lists of candidates, the discussion about the internal reforms and organization. An important part of the article is dedicated to the political migration of the members of Democratic Party, a very often practice for the Romanian political system.

The paper analyzes the institutional transformation of cultural policies in postcommunist Romania and the correspondent emergence of an art market in Romania. The case studies considered show that both artists and policy makers adapted to extraneous expectations and patterns rather than promoting new visions and models. The "triangle metaphor" forged by Magda Cârneci, representing the relationship between artists, the state and the Union of Visual Artists (UAP), offers the basis for analysing the game of continuity and change after the fall of Romanian communism.

The article is an attempt to draw a brief historical comparison between censorship in interwar and in communist Romania respectively. Paradoxically, there are not too many genuine scientific studies on censorship, in a country well-known for its repressive approach against culture during its recent and not so recent history. The analysis uses the works of the novelist and historian of religions, Mircea Eliade, as an illustrative case study among other prior to 1989 examples, especially in order to prove the much harsher nature of the communist regime.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

At the end of the Second World War, on the Romanian Communist Party's agenda two major points were highlighted: massive industrialization and the recruitment of party members. The article explores the role and functions of the socialist enterprise in communist Romania, a place where the interaction between party and society was strongly emphasized. Focusing on the first two decades of communist rule, I have chosen as a case study an enterprise with an old tradition, created at the end of the XIXth century: The Hunedoara Integrated Iron and Steel Works. In the confined space of the socialist enterprise the political, economical and social objectives of the communist regime were put in practice. In this context, the socialist enterprise became one of the most important places of propaganda, domination and control.