Suchergebnisse

The arbitration agreement constitutes the main element of private arbitration. Arbitration Convention creates essentially a double effect, a main direct negative (one to evade certain disputes under the jurisdiction of state power) and a positive one, complementary (to give judges the power to decide the dispute in question). The main effect called negative effect of the arbitration agreement (arbitration compromise clause), is to remove, to dispute subject to its jurisdiction courts that would have had in the absence of the arbitration clause jurisdiction to resolve the dispute between the parties. Once removed jurisdiction of the courts, the dispute shall be resolved by the arbitral tribunal constituted in accordance with the arbitration agreement. The arbitration agreement grants the arbitral tribunal with the power to judge a dispute, checking by its own court jurisdiction on that issue. Literature called the verification principle Kompetenz-Kompetenz. Kompetenz-Kompetenz principle empowers the arbitral court to decide on its own jurisdiction. For arbitration agreement to be effective, it must result from genuine consent of the parties, also to correspond to legal national rules. In examining objectives' arbitrability of international disputes, a court must apply its own conception of international public policy. Article 6 of the European Convention on Human Rights is applied in the same way both for litigation through the courts as well as arbitration. As a result, the European Court of Human Rights determined that the requirements of Article 6 must be applied by arbitral tribunals.

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.

In 2017 the Cahul District, the largest in the Republic of Moldova as an area (1545,28 km2) and the population (116,7 thousand) became part of the Siret-Prut-Nistru Euroregion. The natural, economic and human potential of the Cahul District is an important resource for cross-border cooperation. In this study is made an analysis of the human capital of the Cahul District from the perspective of its valorization in order to deepen the cross-border cooperation of the Cahul District within the Siret-Prut-Nistru Euroregion. The experience gained by the Cahul District in the field of cross-border cooperation shows that the cultural and spiritual actions must be followed by actions on the creation of common spaces in the informational, economic and commercial spheres. In this respect, it is important to complement the cultural actions with practical ones, thus constituting a systematic effort with clearly defined objectives. Human capital can be a catalyst factor for cross-border cooperation also due to the fact that in the Cahul district there are several educational institutions that can help train qualified staff for different areas of work relevant to cross-border cooperation.

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 Judge plays a decisive role in promoting respect for human rights. His activity is governed by the fundamental principles of the "rule of law" concept. The principle of separation of powers is a principle that any democracy, that wants to be real, must necessarily take it into consideration and implement it. Delimitation of powers is, broadly speaking, a different jurisdiction to establish institutional authority, and to exclude other forms of mutual intrusion than those permitted by law. At European level, the criteria and conditions of the judicial domain, and the judges, receive a broader notion, more complex. The structure of today's European Union is based solely on the rules of law. Rule of law is ensured through creation of Community law that is independent and uniform for all Member States. To ensure judicial protection of individual rights conferred by Community law, transparency is indispensable to national procedural law. Therefore, the national legislation must be put in harmony with European law and the national legislator is obliged to respect the decisions of the EUCJ, which decided that, in principle, the conditions imposed by national law will not have to render virtually the rights conferred by Community law. Any judge, seized within its jurisdiction, is required to apply the provisions of Community law and protect rights which are conferred to individuals, leaving all provisions inapplicable, possibly contrary, the national law, either before or after the Community rule. European law clearly reinforces cultural and legal national judge. Community law isn't a foreign law, it is an outside law. This law is proper to each of our States as its national law, but it also has this feature to be at the same time a common value for all.

The erosion of media trust raises concerns about the ways in which the conduit of political information could undermine citizens' trust in democracy. While a large body of research in western democracies shows that media trust is contingent on specific media-system, political and cultural factors pertaining to national contexts, little is known about the sources of media trust in the new democracies from Central and Eastern Europe. Based on statistical analyses of public opinion surveys, this research tests if levels of trust in various traditional (television, radio, written press) and alternative mediums (Internet and online social networks) are differentiated along political party lines and depending on media consumption patterns in post-communist Romania. The results reveal a stronger association between trust in political parties and trust in traditional mediums, while trust in online media is more strongly linked to consumption patterns. These findings have practical, theoretical and normative implications for the functioning of democracy in post-communist societies.

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.

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.

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 contains a peer analysis of European primary legislation concerning enhanced cooperation within the European Union between the member states in accordance with their will on agreed issues. The research includes the forms of enhanced cooperation, the procedure of enhanced cooperation, the spheres of its application, the instruments of enhanced cooperation and the legal effects of enhanced cooperation both for participating and third countries.

This article examines the influence of the soft power on the process of ensuring the national interests of the Russian Federation and the Republic of Moldova. The author determines soft power as an important mean of securing national interests, an essential component of the process of realizing relations between states, deducting that soft power contributes to the foundation and promotion of national interests, the consolidation of stability, of order and peace and the creation of a positive image of the state on the international arena. Taking into consideration that the concept of soft power has developed, gaining a legal foundation in the Russian Federation quite recently, the importance of research on the subject is growing to follow how this concept has been defined and how its own action plan is developed and materialized without adapting the Western templates to Russian realities. The research of the soft power role in promoting the national interests of the Republic of Moldova stems from the fact that our state requires a clarification of the foreign policy objectives and their means of realization, a determination of the role of soft power, its specificity and its efficiency in the transmission of values by a democratic and modern state to other actors of the international process.