Suchergebnisse

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.

Secessionism is one of the important challenges in many contemporary societies. Sovereignty, International and domestic law, and human rights are only three concepts that could be affected by the emergence of secessionist dynamics. This article investigates the evolution of Catalan secessionist movement after the 2017 independence referendum. It uses process tracing to analyze the events that coincide with the evolution of the Catalan secessionist movement. The main findings reveal that while the EU does not encourage these kinds of movements, it does not agree with the solutions adopted by the Spanish's Central Government to solve the Catalan situation, and condemns the violation of human rights. Also, the Catalan independence movement can stimulate similar dynamics across other countries, which are not favourable to the EU cohesion.

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.

This article justifies the role and importance of the separation of powers in modern society and in the state, consisting in the fact that this concept is the instrument of restricting the state power to protect the rights and interests of the person. As a rule, the separation of powers is opposed to the concepts of autocracy, the concentration of power in the hands of one person or one organ. The author recognizes the theory of separation of powers as being ideologically linked to the political legacy of Locke and Montesquieu and notes that the genesis of the theory of separation of powers is associated with the emergence of bourgeois political and legal theories, especially in the 17th century in England, D. Locke being the most authoritative political thinker. However, this theory received a classic formulation in the writings of the remarkable French philosopher, lawyer and illuminator Charles Louis Montesquieu. In this article, the characteristics of the original theories regarding the separation of powers of these prominent thinkers, who completed for the first time the concept of a democratically organized state with the optimal organization of the system of organs of state power, are subject to analysis

It is certain that contemporary higher education institutions have entered the era of great transformation. The environment they operate in has changed fundamentally: professional knowledge and skills have become the main generator of economic development. At the same time, the university is no longer the only provider of high-quality knowledge. Competition on the market of knowledge and academic education services is getting tougher. The efforts made by national education in modernizing and reforming the national higher educational system, in the context of European rigors and exigencies, would not be that obvious if they were not supported by our international partners through various community programs. The successful promotion of reforms in the educational system becomes possible only in terms of identifying, taking over good European practices in the field and implementing/ institutionalizing beneficial and valuable elements for the national higher education system. Good enforcement of reforming provisions is not possible unless there is a cooperative framework between the three main actors. The government shall implement new modern policies in higher education system; the civil society, on its turn shall take the responsibility and availability to be engaged in the reforming processes, and the higher education institutions shall accept the new context and implement the reforms on the institutional level, cooperating in the same way with the other two actors, meanwhile paying attention to the labour market.

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 European Charter of Local Self-Government is, so far, the first and most important international political tool which guarantees the development of decentralization of public power and local autonomy. It represents the commitment of the Council of Europe's member country to promote in the internal organization of their states, a new distribution of functions and powers in order to support the development of subnational levels.
In carrying out the delimitation process of responsibilities between levels of public power's achievement we should start from the provisions of The European Charter of Local Self-Government which is based on institutional practices and structures, tested for decades in dozen of European countries. That means rationing, giving up improper structures, which would result the removing of the vertical power and as consequence the demolition of foundations on which inefficiency and corruption are based on. The necessity of transferring the resources and powers to the local level is dictated by a vital imperative – the strengthening of local public authorities' capacities and potential in order to locally provide a maximum volume of qualitative public services. This requires creating a clear and simple demarcation algorithm of responsibilities between the levels of exercise of public power.

In this article is analyzed the essence and importance of soft power in the US foreign speech, as well as directions of activity of this instrument under the conditions of the Republic of Moldova. The soft power concept, its manifestations and its main sources are determined. It is argued that soft power is a mean to obtain favorable results, relying on conviction, voluntary participation, sympathy and attraction, representing the ability to influence other states in order to achieve own goals, through cooperation in certain areas, directed towards persuasion and formation of a positive perception. It is noted that the US government pays particular attention to soft power tools, implemented by both government agencies and a large number of community organizations and individuals, with the purpose of shaping a positive external image of the state. Regarding the implementation of the US soft power instruments under the conditions of the Republic of Moldova, it is concluded that the USA offers real opportunities in order to know and capitalize the achievements of the American nation. Given that the US is a superpower on the international arena, development of a strategic partnership between the Republic of Moldova and the US has a particular relevance in solving several problems that our state cope with, such as state integrity, European integration, democratization of society, etc. US has a rich and successful experience in the use of soft power, that is why the Republic of Moldova should "adopt" some certain aspects of the soft action in its foreign policy.

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.