Suchergebnisse

Referral to the CJEU for the pronouncement of preliminary rulings regarding the interpretation of European Union law cannot have a purely theoretical purpose (e.g. the Court Ordinance of October 7, 2013 in case C-82/13) but a necessarily practical one, such as to allow the national court to resolve the specific dispute with which it is vested. Therefore, knowledge of the judicial decisions pronounced by the national courts after receiving the answer to the preliminary question from the CJEU is very important to evaluate the implications of the CJEU jurisprudence in the law of the member states and the effectiveness of the dialogue between it and the national courts. Next, the decisions of the courts in Romania are presented in some cases in which the CJEU was referred with preliminary questions, respectively those that were resolved in the cases registered on its roll with no. C-62/19, C 354/18 and C 644/19.

his paper aims to illustrate how institutionalized education has been a significant identity management strategy for an ethnic group in Romania. After its foundation in 1872, the University of Kolozsvár (Cluj) was regarded as a provincial higher education establishment within the Austro-Hungarian Empire, meant to satisfy merely regional demands. Although legally the two Hungarian universities (in Budapest and Kolozsvar) were considered equal in rank, government and society gave priority to the first one. It is only over time that the University of Kolozsvár proved its utility. This change of image resulted in a leading position, especially at the start of the twentieth century. After the outbreak of the World War I, the activity of the University witnessed disruptions due to the drafting of many professors and students into the Army. The end of the the war not only meant the achievement of 'national unity' for Romania, but also generated significant changes for Ferenc József University, beginning with the process of dismissing minorities from the public sector and replacing them with Romanians. After the Second Vienna Award, the University of Cluj became Hungarian once again. The historical lesson of the inter-war period on the treatment of minorities had to be prevented from repeating itself, and within the new geopolitical context the USSR seemed the guarantor for the final resolution of the ethnic rivalries and resentments. In this ideological context, on 29 May 1945 two royal decrees sanctioned the functioning of two distinct universities in Cluj; the Hungarian university János Bolyai officially opened its doors. The preservation of a representative higher education institution for the Hungarian minority in Cluj, adapted to the new political realities, was achieved. But after Stalin's death in 1953 the feelings of 'national specificity' resurged, and national histories were re-individualized and reconstructed. The events in Budapest in the autumn of 1956 offered further reasons for central authorities to rethink the 'national domain'. In the years to come, propaganda insisted on the futility of institutional separation between the Romanian and Hungarian students in Cluj. Hence, a meeting of the unification commissions, held in 1959 led to the fusion of the two universities. This evolution of the University of Cluj shows the constraints, openings, compromises, and 'avatars' of the most important institution of higher education in Transylvania, which continues to function as a source of symbolic prestige and social capital for both Hungarians and Romanians.

The study was conducted on a sample of 81 entrepreneurs who hired graduates of the Polytechnic University of Timisoara and measured the strengths and weaknesses of graduates, skills and competencies, the need for continuous professional training, willingness to practice students , the desire to make them responsible and specialize, the collaboration with the University and with the student organizations.

The study presents in-depth interviews with decision makers from the Polytechnic University of Timisoara on the involvement of students in practice, research activities, their support for employment, the relationship with the faculties after graduation and the prospects for the coming years.

The last years of World War II have brought, per ensemble, complex problems for the "Regele Ferdinand I" University, which, after the Vienna Treaty of 1940, has been functioning in exile from Sibiu and Timişoara. From 1944 the model of the modern University of Cluj was brutally converted to an instrument of propaganda for a communist ideology, far fetched from its original nationalistic vocation. The period of transition from democracy to totalitarianism, 1944-1947, was marked by a series of events such as: the beginning of the process of politicization within the University of Cluj, the problems related to the foundation of "Bolyai" University, the return in 1945 of the University to its original sight from Cluj, the students strikes in January-June 1946, the university repression generally speaking, and particularly the repressions of students, and, last but not least, the debates of the University Senate concerning the politicization of the academic environment and the dismissal of some "compromised" members of the teaching staff. After 1944, the communists were interested in eliminating all political rivals, therefore the dismissal threats, followed by the contractions within the Departments of the University of Cluj, became a cruel reality between 1944-1948. Like all the other Romanian universities, the Cluj University began compiling "expurgation" dossiers for the so called "fascist" university professors, and substituting the old rectors and deans with new ones from amongst those who had adapted to the "new age". The public stand of the academics has gradually declined after 1944, when their life and activity has been brought to challenge, the changing values after March 1945 favouring the devotion towards the new regime, and praising less and less the academic fulfilment. On the background of "democratic" reforms, the new regime authorities have intensified the brutal isolation, especially of scholars among which a great number of university professors, by means of massive arrests. The most invoked reasons were: denigration of the power of the state, opposition to the construction of socialism, or the need to re-educate the "hostile" elements from within the Popular Republic of Romania.

The present article brings to the fore several details, which had been either unknown, or only partially familiar to the Romanian historiographers. The author refers to academic trajectories of the 14 young Romanians (almost half originating from Bucharest or Iaşi), who obtained their PhD in political and administrative sciences at the Free University of Brussels between 1885 and 1899. Over a third of them were also doctors in law. Of the 92 PhDs in political science awarded in Brussels between 1885-1899, the Romanians were on the second position in a formal hierarchy of the students who were not of Belgian descent. The foreigners counted 51 students, and the list was dominated by the Bulgarians, who had obtained 21 diplomas, while the Japanese held a distant third place with merely 4 PhD degrees.

The study includes the results of the survey conducted on 241 students of the Polytechnic University of Timisoara in December 2019, which measured the self-assessment of their professional skills and abilities, perception of the faculty, practice activities, hopes after graduation.

The study presents the results of focus groups conducted in December 2019 with students, professors of the Technical University "Gheorghe Asachi" in Iasi, but also with entrepreneurs working with them. He measured the satisfactions and dissatisfactions of each group compared to the other two, the needs of professionalism, collaboration, skills and competencies had and requested, entrepreneurial education, future prospects.

In Romania, anual, zeci de mii de tineri aleg sa isi continue studiile dupa incheierea ciclului liceal aplicand la facultate. Potrivit INS, în 2015, peste jumatate dintr-un numar de aproximativ 400 000 de studenti inscrisi la licenta, sunt concentrati in 4 orase: Bucuresti, Cluj, Iasi si Timisoara. Majoritatea studentilor venind din provincie, aplica pentru a obtine un loc la camin insa din pacate aceasta este o resursa insuficienta raportata la cererea in continua crestere. Astfel, in acest articol imi propun sa discut problematica distribuirii unei resurse limitate printr-o abordare de tip top down aplicand dreptatea ca echitate dezvoltata de John Rawls. Scopul este de a vedea in ce masura putem identifica criterii de departajare echitabile.

This article aims to present the situation of the foreign students in general – and of Romanian students in particular – studying at German institutions of higher education during the
Third Reich. Beyond its quantitative considerations, which prove how intense was the migration of Romanian students to Nazi Germany the article highlights the political role assigned to the Romanian students by the Nazi authorities, as well as the political and ideological impact that the study in the Nazi universities had on the Romanian youth.

The implementation of the principles of local democracy has proven to be one of the most complicated tasks of the political and administrative reform in the Republic of Moldova. To overcome this situation, it is important to develop and substantiate theoretically such concepts as "local power", "the subject of local power", "local territorial collectivity". A clear scientific definition of those notions would serve as a foundation for developing an appropriate legal framework and public policy in the field. In order to elucidate the notions mentioned above, the existing essential approaches in the contemporary social sciences regarding the public territorial collectivities have been analyzed. The factors affecting the formation and existence of the local territorial collectivities have also been emphasized. Two types of authorities: private and public have been briefly considered. This paper analyzes the concept of "local authority" in contrast to the term "territorial administrative unit" with which the legislator operates in the Republic of Moldova. It was concluded that the concept "local collectivity" is more acceptable because it is the appropriate expression of the phenomenon of the territorial organization of public power in general, as opposed to the concept "administrative unit" which refers only to the territorial organization of state public power. So, from this point of view, the territorial administrative units and the local territorial collectivities are two different phenomena. In a strictly legal sense, the territorial-administrative unit is an inhabited territory which has no heritage (in the territory there is the state property or another kind of heritage) and it is administered by an official appointed by the state. The local collectivity has its own heritage that is managed on its own account and in order to solve local problems. The issues belonging to state power can be delegated to local authorities by sending financial and material resources needed to achieve them. A territorial community of the residents becomes local authority if it possesses and uses democratic institutions, creates bodies of self administration on the basis of the elective principle, takes binding decisions for the community, and has its own financial and material resources in order to regulate the internal life. These indicators make public territorial collectivities to be different from the territorial administrative units, in which only administrative methods of management are used. The defining elements of the identity of a local collectivity, such as: a) name, b) territory, c) population, d) the public authority of the eligible authorities, e) the Statute, f) the distinctive insignia of the local collectivity, have been identified. These elements make the local territorial collectivity to be distinguished from other similar collectivities.

In the conservative imaginary, at least in the cases of Constantin N. Brăiloiu and Alexandru N. Lahovary, France was not deemed a functioning political model (i.e., a political or constitutional regime) that Romania should have followed. Compared with the English political model (or rather with the Anglo-Saxon one, since the reference sometimes included the United States of America) and with the Belgian regime, France was certainly a less favoured option. However, without exception and despite all discursive artifice, in the perspective of these two politicians, who were evidently Francophile, both by education and by cultural affinities, France undeniably remained a landmark of civilization or administrative and economic efficiency, and sometimes a beacon of legal inspiration. It must be said that the latter perception was in no way related to Constantin N. Brăiloiu and Alexandru N. Lahovary's conservative convictions. It was commonplace in the local cultural imaginary, which, regardless of one's political, social or cultural affiliation, repeated the encomiastic mantra dedicated to imperial France, to whom the Romanians were convinced that they owed the existence of their nation. In fact, one should not overlook another typical belief of this political imaginary, which is illustrated in our case by Alexandru N. Lahovary: the Romanian politicians were persuaded that the ideals included in the Declaration of the Rights of Man and of the Citizen were exclusively due to the France of 1789.

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 aspects regarding the territorial delimitation of Cahul County are briefly examined. A new territorial circumscription was introduced in Romania, under the Administrative Law from 1938 – the land that included some counties. The Cahul County was a part of Lower Danube Land. There are analyzed the ways of the territorial delimitation accomplishment of Cahul County as the component part of the Lower Danube Land. The two archival documents which are relevant for the studied topic are presented in Appendix.