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.

The paper provides the ideal-typical narrative of European integration manufactured by Romanian intellectuals and the official national Church (Greek-orthodox), that could be summarized as follows: in the realm of the spirit, Europe would have survived mainly in the East, shepherded by such intellectuals as the Romanian ones and by the spiritual legacy of the Orthodox Church; in political and economic terms, European Union is monitored according to secularist and relativist guidelines by the bureaucracy in Brussels. Whatever the latter, together with their Romanian counterparts, may have realized in the course of European enlargement is of little concern for the former. Both the Church and the mainstream intellectuals are engaged now in an operation that should have defined them long before the fall of state socialism: to boost intellectual non-conformity with respect to the political dominant discourse as a way of refusing the debate by taking it seriously. And they do it by means of the same narrative device that kept them silent under communism: they tell the story of the prevalence of culture and the spiritual over everything political.

La crise financière et économique a recentré l'attention sur l'importance primordiale d'une forte chaîne de valeur de transformation industrielle, compétitive et diversifiée et de créer des emplois pour les économies du monde y inclut pour la RM. Il est essentiel d'accroître la productivité dans le secteur manufacturier et les services connexes, pour soutenir la reprise et le développement de l'emploi, pour la durabilité de l'économie et aider à créer un modèle viable de développement économique.

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.

The energy security as a component part of national security was and remains to be a permanent concern for the Republic of Moldova for the whole period of its independence. This will determine the sustainable development of the national economy, the social equity, and the sovereignty of the state. This article highlights both the problems regarding the energy security at the contemporary stage and its perspectives in the European context.

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

Based on extensive fieldwork, this study provides an empirical and theoretical analysis of the debates on Republic of Moldova's foreign policy towards Romania. The author argues that Moldovan political actors involved in foreign policy debates are split into three main groups: Russophiles Europeanizers, Westernizers Romanophiles and Pragmatic Moderates. The study identifies two major themes of debate: a symbolic perspective emphasizing the ethnical origins of the Moldovans and the reunification issue and a pragmatic approach aiming at forging an economic partnership with Romania in order to facilitate Moldova's European integration.

By examining some of the letters Romanian volunteers in the International Brigades sent home during the Spanish Civil War, this article explores their authors' experience of the front-line hardships and of the challenges associated with the military life-style. The paper first provides a concise historical account of the Spanish Civil War, with a focus on the emergence of the international military groups, consisting of foreign combatants. It subsequently investigates the reasons that determined the Romanian volunteers to leave their country to fight in Spain, by examining their motivation in the intricate political and social context of interwar Romania. Finally, the article deals with the negative outcomes these letters had for their recipients, translated into the permanent harassment their families and close ones suffered because of this correspondence.

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.

In the article, the cooperation between the Republic of Moldova and the European Union in the field of green entrepreneurship is considered as mutually beneficial in the light of strengthening the competitiveness of both economies. The author reveals such main domains of the cooperation as ecoagrofood, bio- and renewable energy. There are also highlighted the key programmes and projects as outcomes of governmental, communitarian, international and corporate efforts related to cooperation. A special attention is paid to the identification of some problems regarding the development of green entrepreneurship in the Republic of Moldova. For solving them as well as making the cooperation in the field more systematic and synergetically positive, the author suggests the elaboration of a joint RM-EU Strategy for the Development of Green economy and entrepreneurship.

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 fight against corruption has become one of the priorities of the international world. Most national states and international organisations are supporting the fight against different forms of corruption, among which bribing foreign officials in order to secure an economic advantage on a particular market. European countries, including EU members, are facing this challenge, as well, taking attitude under the impulse of OECD and EU. However, the results are not remarkable due to the lack of political will, the lack of initiative and constancy while facing this huge task.

The author examines the creation and functioning of the Romanian propaganda office at the General Commission of Romania for the New York World's Fair (1939-1940). He analyses two previously unpublished documents from the Archives of the Ministry of Foreign Affairs, relevant to the topic under scrutiny. The activity of the office was coordinated by the diplomat Andrei Popovici. His subordinates were the press attach. from the Romanian Legation in the USA, Horia Babeş, Paul Sterian, economic councillor, and Petre Neagoe, writer. The monthly budget was 750 $ (the rate of those years) for the daily expenses and salaries. The propaganda office started its activity in January 1939. It used to publish a bulletin, to help issuing stamps, to prepare propaganda posters, to publish and translate brochures. It also used to send presentations of Romania to journals, such as Cleveland News , Chicago Tribune, Detroit Free Press, New York World Telegram etc., and articles on Romania to newspapers (Annalist, Journal of Commerce etc.), or to occasional publications (Going to the Fair, a Preview, International Guide etc.). The images the propaganda office used to handle were reproducing usual elements of the domestic and foreign official discourse of Charles II: Romania was a totally new country, based on a new social contract ("the royal revolution"), that was looking persistently towards "tomorrow's world" (the slogan of the American fair); this future was build with Romanian resources and strengths, mobilized by "the king of young people and of the peasants".

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.