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.

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.

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.

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.

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 international academic community is currently exploring the development of the intelligence studies domain as a social science project. The current position paper argues for a project to connect, in content terms, the Romanian political science with the domain of intelligence studies. It takes into account the international and local context, and presents some of the benefits to be generated by the intersection of these two domains.

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 development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.

Grigore N. Filipescu, engineer and lawyer, was a controversial and inconstant politician in Interwar Romania. He had passed through many political parties until 1929, when he founded his
own political organization. He was also involved in other areas, being the president of the Romanian Telephone Company, conducting the construction of the Câmpina-Constanţa oil
pipeline and organizing the first international fencing contests in Romania.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features - within the historiography of the topic -
the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored
and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were
repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar follow-up. After 1989, the names of the Romanian volunteers who had joined the Spanish Republicans' cause went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public.
This study also deals with a broader context, including international politics, the reasons
behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social
strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland, or France), as well as aspects and details of the fights of which he was a part of during the war.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features – within the historiography of the topic – the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar treatment. After 1989, the names of the Romanian volunteers who had joined the cause of the Spanish Republicans went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public. This study also deals with a broader context, including international politics, the reasons behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland and France), as well as details of the fights of which he was a part of during the war.

The criminal treatment of juveniles in the European Union was regulated in earlier times and has evolved by national legislation of Member States, international treaties, documents of the Council of Europe, as well as by European Union Treaties, European Parliament Resolutions and Press Releases of the European Commission. The regulatory divergence of criminal treatment of juveniles in EU countries implies the need to elaborate certain minimum rules to prevent and to combat juvenile delinquency, oriented to education of minors and their punishment.

Scopul acestui studiu este de a identifica argumentele realismului stiintific, formulate de catre Alexander Wendt, pe baza carora statul se defineste ca persoana sau ca actor in sistemul de state. Voi vorbi despre aceste argumente si motivele pentru care acestea pot explica comportamentul statelorca actori rationali. In prima parte mi-am propus sa identific componentele teoretice din cadrul realismului stiintific, conform carora statele sunt autoorganizate, seamana cu organismele biologice, adica au o structura interna cu elemente constituente functionale care actioneaza in sens colectiv in virtutea reproducerii si supravietuirii sistemului, iar spre exterior acestea isi stabilesc limite/granite pentru a se defini ca o identitate. Pe baza componentelor biologice ale sistemului voi identifica si componenta cognitiva a unui stat, ceea ce il defineste ca o persoana psihologica cu interese, constiinta si memorie, astfel elementele constituente actioneaza in sensul supravietuirii identitatii colective. Fiind date functiile cognitive ale statului acesta isi va putea proiecta si strategii de relationare cu ceilalti actori statali. In a doua sectiune a lucrarii voi vorbi despre paradigma realismului ofensiv, din cadrul relatiilor internationale. Astfel pe baza structurii teoretice din realismul stiintific voi extrage conceptele cheie si le voi operationaliza, sau cel putin le voi asocia cu asumptiile mai aplicate din realismul ofensiv formulate de John J. Mearsheimer care susþine ca principalul factor motivant pentru state in sistemul international il reprezinta dorinta de putere astfel voi testa asumptia principala a lucrarii conform careia statele sunt persoane supradimensionate.

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.