Suchergebnisse

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

The health of the economy and the effectiveness of monetary policy depend on a sound financial system. Bank supervision involves monitoring and examining the condition of banks and their compliance with laws and regulations. If a bank under the Central Bank's or other authority's jurisdiction is found to have problems or be non compliant with the authority of supervision may use its authority to request that the bank correct the problems. Bank regulation includes issuing specific regulations and guidelines to govern the operations, activities and acquisitions of banking organizations. On other hand, both theory (game theory) and practice (recent financial crisis) indicate that national interests prevail in cross-border resolution. National authorities aim for the least-cost solution for domestic taxpayers. This results in an undersupply of the public good of communautaire and global financial stability. To preserve the internal market in banking, this paper proposes a supranational approach to banking supervision and resolution in Europe.

The Church-State relationships in EU Member States are in a process of a radical transformation. This is the result of a rapid political integration and also of the major transformations of the modernity. Religion is still part of the European public space even if, according to modernity premises, it should be only a private matter. According to Max Weber and other authors, secularization diminishes the role of the religion in society. However, these theories are being contested in recent years, due to the interpretation of statistical data and to the emergence of fundamentalist religious movements spreading around the world. Consequently, secularization is a tendency and not an "iron law". As regards the current role of the religion, Silvio Ferrari developed the theory according to which there is a common European model. This model does not exist yet, but certainly we live in an era defined by the continuous searching of such a model. There is no European identity without common values. Some of these values, like toleration, do have a profound religious foundation. European integration is based on the action of different actors, including interest groups located in Brussels. The Churches and the religious organizations are also part of this category of actors and they try to be part of a process by which a common space for consultation will emerge.

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 European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

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.

The article focuses on projects, which are managed by the EU in the field of education and training, recent changes to the EU policy in educational programmes. Erasmus+ unites programmes and actions in the field of education and training, fostering the EU added value in education and European dimension. It gives an insight into the concept of projects management in education, European legal regulations, specific European programmes in education and training.

In the article the author tackles a contemporary issue that is important for institutional strengthening of the Republic of Moldova. Developing a mechanism for efficient interaction of institutions of state power with political parties, ruling ones and in opposition, with the groups of interests, especially those institutional and associative, represents a strategic objective for the Republic of Moldova. Assessing institutions with "rules of the game", the contemporary political science updates the significance of the Constitution for organisation and good unfolding of the political process, for ensuring stability and at the same time dynamism of the socio-political system. The conclusions of the investigation of complex issues like dynamic political processes, functionality of political institutions in conditions of instability / political crisis, contain an educational, instructive message, important for the political actors of the Moldovan society.

Pierre Manent is viewed as a French thinker that develops in modern times the liberal tradition of political thinking. One of the most important issues of Manent's thinking that was not enough underlined it is the relationship between religion an politics and how this evolved from the beginning of Christianity until the main consequences of modernity. Manent view on religion and politics is the core of this paper analysis. The main contributions of Manent, such as Naissances de la politique moderne. Machiavel, Hobbes, Rousseau (1977), Histoire intellectuelle du lib.ralisme (1987) La cit. de l'homme (1994), Cours familier de philosophie politique (2001), La raison des nations. R.flections sur la d.mocratie en Europe (2006) are analyzed from this perspective. Our conclusion is that in the way Manent deals with the relationship between politics and religion there are some constants that may be found in all his work. These are: the relationship between the Church and the different forms of political organization in Europe (Civitas, Imperium, monarchy); the fact that Christianity is one of the few current relevant concepts for political, due to the failure of totalitarian ideologies; the idea that secularization in Europe is not irreversible; we live in "an age of separations", and Church-State is one of these separations; we witness the religion transformation process and the .tat la.que cannot survive to .tat-nation; the role of Islam in modern societies and his perpetual finding of a political form; the relationship between Judaism, state and nation; the issue of the Christian identity of Europe.

The preliminary ruling procedure is a useful tool that, over time, allowed the national courts to participate to the application of European Union law and contributed to this law system evolution. Our study reveals that the procedure is useful for both the national court and the litigant parties, as it clarifies both categories of participants on how should be applied the law of the European Union. However, the preliminary ruling procedure is subject to specific rules, very well systematized in the Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings, a document issued by the Court of Justice of the European Union itself. Ignoring these recommendations led to the rejection, as inadmissible, of certain requests for a preliminary ruling, and this is a situation that should be avoided in the future.

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.

Republic of Moldova has clearly established the strategic direction of development - the European integration. In this context, it requires a deep reform in all spheres of social life according to the EU standards, including the territorial-administrative delimitation. The system of territorial-administrative organisation of the Republic of Moldova still supports the consequences of the Soviet totalitarian system which is manifested by the excessive fragmentation of the territory. It is analyzed the impact of the excessive fragmentation in small administrative entities as a dimension and capacity for democracy development at the local level. In conditions of the insufficient resources, specific to this system, the local authorities cannot provide citizens with the qualitative public services. It is justified the idea of administrative-territorial achievement whose purpose should be the territorial consolidation by respecting the norms and current practices of the European space, including the accession to the parameters set by Nomenclature of Territorial Units for Statistics (NUTS).

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 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.