Suchergebnisse

Created by the Hungarian Minister of Instruction and Religion in an attempt to depopulate the Universities of Hungary from the big number of auditors, the Romanian Era of the Law Academy of Oradea began with two academic years, 1919-1920 and 1920-1921, of transition from the Hungarian authorities to the Romanian ones. Due to the efficiency of the Dirigent Council of managing the issues of the Transylvanian education, during 1919 and the first half of 1920, the Academy's activity was not interrupted. The students could continue the studies in similar conditions as those existing before 1918, fact that helped many of them sustain both, the main exams, the final state ones and those of Justice. At the end of the three transitions years, the education institution of Oradea was able to begin the academic year 1921-1922 in normal conditions.

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The "family" could acquire different forms as compared to the "official" one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in "dangerous and shameful relationships". The peasant "forgot" to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside.
The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests' endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

Territorial-administrative delimitation is a system of territorial organization, which serves as a legal basis for the functioning of local administrative institutions. Effectiveness of these institutions depends from rationality of territorial-administrative delimitation. Territorial-administrative delimitation follows location of local public administrative authorities at the first and second levels in a specific territorial, juridical and administrative framework for effective administration of locality, and in order to achieve principles of local autonomy and decentralization of public services. Under the chronological aspect, the process of territorial-administrative delimitation of the Republic of Moldova went through three distinct phases within two decades of independence: The first phase - perpetuation of centralized territorial-administrative delimitation of soviet type, which embraces the periods from declaration of Independence up to entry into force the Law no. 191 - XIV from 12.11.1998. Second phase - trying to build territorial-administrative system in the spirit of the principles of decentralization, which lasted from the date of entering into force of the Law no. 191 - XIV from 12.11.1998 until 29.01.2002, the date of entering into force of the Law no. 764191 - XIV from 27.12.2001. Third phase – returning to central territorial-administrative delimitation, which starts on 29.01.2002 and lasts till present. It is an axiom that the Republic of Moldova must give up the soviet system of territorial-administrative delimitation. It is more complicate to find the ideal model, which will correspond to new provocations that will face the Republic of Moldova in future. Determination of territorial limits of local collectivities is a very complex work and depends from a lot of facts. That is why, the judicious delimitation of territorial limits of local collectivities is important to consider the following moments: 1. Being by nature a matter of national interest, changing array of administrative organization of the territory of the state should be a result of public debates, determinedly with large participation of local authorities at the both levels as well as with citizens. 2. Territorial-administrative delimitation should be realized in a perspective of overall society development, as well as objectives and duties, which will return to administrative system in future. 3. The option for special model of territorial-administrative organization should be a result of one deep scientific survey. 4. For the delimitation of territorial-administrative units (as a number, structure, dimension, etc) can not be neglected social, material, financial and other nature costs, for short, medium or long term, that these activities involve and which the society must face. 5. Studying different models and practices of territorial organization of local autonomy has a great importance. Analyzing international practices in a matter of territorial delimitation, consequences of various options of local structures, such as studying arguments pro or contra of these structures in different states gave us the opportunity to establish that the process of territorial delimitation is determined not only by objective factors, but also by the subjective.

The Jews of Hungary had to face difficult situations at the end of the war. Before the Holocaust, they were approximatively 756 000-800 000 people in the extended Hungary, so it shows Tamás Stark in the study Hungarian Jewry during the Holocaust and after liberation. From them almost 600 000 died during Nazi and Hungarian persecutions. Budapest was an important train station for the returned Jews. Once they arrived in Hungary they saw that the series of difficulties continue. They were in impossibility to regain their old houses, they did not have sufficient money to survive. They were helped by the international organization Joint Distribution Committee to survive. Hungarian antisemitism was a feeling that did not manifest all of a sudden, it grew in time. The interwar period time was a time when this antisemitism manifested itself including through the law numerus clausus which limited the number of Hungarian students in universities and which was imposed in these years. Antisemitism was abolished immediately after the end of the war. Most Jews chose the path of assimilation in Hungarian communist state in spite of the persecutions which they had suffered before. A new system was emerging on the horizon, the communism, which promised the equality of all citizens in the Hungarian state, no matter of their ethnic background. A lot of Jews accepted this system and chose to keep secret the fact that they were Jews and did not tell their children about their origin.

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.

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.

The first elections to which the Romanians from all the united historical provinces took part were the parliamentary elections of November 2-8, 1919. The elections were held on the basis of the articles of a new electoral law that introduced the universal vote in the electoral practice in Romania. Thus, the Romanian rural area has become an attractive electoral basin for the political parties. Subsequently, the extension of voting rights for women also made the rural area a constant provider of votes for the candidates of political parties in both parliamentary and local elections. The first election exercise under the conditions of an extended electoral space was the local elections of February-March 1930, which were held in stages. On February 5, 1930 elections were held at the county level, and between February 9 and March 16, 1930 at the level of communes. In the communes with several villages the elections for the local councils took place on the days of 9-12 February, in the ones with a single village between 9-12, 16-19, 23-26 February and 2-4 March, and in the cities and municipalities on March 14 and 16, 1930. On February 5, 1930 elections were held for the Cahul County Council. But, the results and the way of conducting the elections were contested. On February 21, 1930, the local review committee of Chișinau admitted the contest against the elections of February 5, 1930 of the Cahul County Council and invalidated the respective elections. The Minister of the Interior Theodor C. Marinescu by his telegram from April 30, 1930 ordered the Local Ministerial Director III Chisinau to comply with the order of the Ministry of Interior no. 1972 of April 2, 1930 and to dispose, according to art. 388 of Law 167/1929 "the convening of the electoral body for the election of the Cahul county council, whose election was invalidated, necessarily until June 1, 1930". In the circumstances created, the Local Ministerial Director III Chișinau ordered the summons of the voters from Cahul county on June 1, 1930, to conduct the county elections. At the new elections on June 1, 1930, only three electoral competitors entered the race, with one less than at the February 5 elections: the National Peasant Party with two lists and the Liberal Party with a list. On the electoral lists for the participation in the county elections of June 1, 1930, 40,403 voters were included in the 15 polling stations. 24,153 voters participated in the elections, which constitutes 59.78% of the total number of those included in the lists. A considerable number of votes - 1,050, were canceled, and 287 declared void. The number of legally cast votes was 22,816. In the result of the election the electoral competitors obtained the following results: The National-Peasant Party, on both lists - 17,903 votes or 78.47% of the legally expressed votes and the Liberal Party - 4,913 votes or 21.53% of the legally expressed votes. The elections of June 1 in the Cahul county council were held under the conditions that the National-Peasant Party had achieved an absolute victory in the other counties of the country - 81.77% of the county councilors' mandates. The meeting to establish the Cahul County Council took place on July 27, 1930. The Cahul County Council elected, for a period of 5 years, as president of the Delegation of the county council the lawyer S. Botezatu, who obtained 19 votes out of 30. Members of the delegation of the county council were elected councilors V.Uzun, C. Rădulescu, Gh. Chirciu and A. Sprînceană. With the validation of the county councilors and the legal constitution of the county council's governing bodies, we can consider that the epic of elections for the county council in 1930 were completed.

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.