Suchergebnisse

In my point of view, someone cannot speak about a constant influence of the Belgian Constitution of 1831 over the Romanian political elite. Not from 1848, at least. The most well known and prized 1848 revolutionary project - the one elaborated by Mihail Kogălniceanu, has been transplanted in a very important amount (60%) from the French Constitution of 1848. Generally speaking, must be emphasized that the principles and the institutions of the Belgian Constitution haven't represented a constant and overwhelming model for the 19th century's Romanian constitutionalism. The birth of the modern Romanian constitutionalism has thus been a difficult process, almost exclusively indebted to the ideological and normative legal import. The imported model hasn't been singular, ruther someone must think about an alternation of the French and Belgian constitutional models. This is why we are speaking about therminological vagueness, normative incoherence, incompletness of the principles and institutional hesitations.

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.

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 internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

The article explores the rationale of the Romanian political community as defined by its successive constitutional layouts, since the first fundamental law of 1866, including the Communist constitutional settings, and concluding with the post-communist constitutional design. This consistency of the political community is tested by means of an analytical distinction between the Nation-State and the National State. The former is understood as the institutional underpinning of a community bearing a political project. The latter is seen as the institutional outcome of an ethnic group and the warrant of its political integrity. Such an examination of the Romanian constitutional production sheds light on the historical and unambiguous predominance of the National State, while the Nation State emerged briefly and warily in the Romanian setting in the form of the socialist nation state. By the same token, this approach questions the adequacy between democracy and this rationale of the Romanian political community. While the socialist Nation State, as it was constitutionally designed, failed to guarantee the effectiveness of popular democracy, the Romanian National State, as it was shaped by the successive constitutional texts, pre-communist and post-communist, was always unable to accommodate completely with democracy.

The aim of this paper is to provide the reader with an insight analysis of the postcommunist Romanian constitutionalism. In order to achieve this objective, it is concerned with the way in which the constitutional framerwork has been build. Another topic of the paper is an attempt to clarify the political nature of the constituonal regime, starting from the very institution of the presidency.

This article is based on three hypotheses. First, the legal requirements for
establishing political parties in Romania are among the most restrictive in Europe.
Second, electoral participation decreased globaly during the last two decades;
however, when a party succeeded in registering and endorsed a non-ideological
position, the electoral participation slightly increased; so, if the legal requirements
will be relaxed, new parties might emerge and a greater participation to the
elections might be taken into consideration. Third, the current legal procedure
for registering political parties contradicts the constitutional provisions on the
freedom of association and the right to be elected. In the light of this findings, the
article suggest a revision of the current legislation.

According to the Constitution of 1866, the prerogatives of Carol I permitted him to be a mediator in the political struggle between liberals and conservatives, as a constitutional monarch. In 1866, there were different political groups, liberal and conservative, which formed unstable governments (1866-1871). The political stability was assured for a short period by the conservative government (1871-1876). In time, the political groups decided to unite, founding the two major parties, the National Liberal Party (1875)and the Conservative Party (1880). Both parties tended to monopolize the political power for a long period of time, generating tensions between government-opposition (1876-1888 – liberal government and 1888-1895 – conservative government). During 1895 and 1914 functioned the "rotativa guvernamentală" ("governmental rotation"), representing a particularity of the Romanian two-party system, characterized as an organized alternation in government of National Liberal Party with Conservative Party.

The key issue examined in the article is to elucidate the impact of the cooperation between local and state authorities in terms of the efficient functioning of public power in the state. There are presented arguments in favour of the cooperation of the two forms of the public power, as well as the necessary conditions for this. There were highlighted the principles of the effective cooperation between the local and state authorities. It was insisted that any administrative control of the local authorities' activity should only take into account the respect of legality and constitutional principles. In conclusion, it is mentioned that the state power cooperating with the local one contributes to ensuring the integrity and unity of the state, thus facilitating the integration of the interests of the society and state.

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.

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.

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.