Suchergebnisse

In order to develop a coherent legal framework in terms of territorial organization of public
power, it is important to elucidate the contents of the notions one operates with in this domain.
The conceptual incoherence on using the essential notions persists in the legal system of
the Republic of Moldova, which generates ambiguities and misinterpretations. To avoid such
situations, it is important to conceptualize the meaning of the essential notions with which one
operates both in the academic environment and in the system of public authorities.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

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 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 theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.

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.

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 Church-State relationships in EU Member States are in a process of a radical transformation. This is the result of a rapid political integration and also of the major transformations of the modernity. Religion is still part of the European public space even if, according to modernity premises, it should be only a private matter. According to Max Weber and other authors, secularization diminishes the role of the religion in society. However, these theories are being contested in recent years, due to the interpretation of statistical data and to the emergence of fundamentalist religious movements spreading around the world. Consequently, secularization is a tendency and not an "iron law". As regards the current role of the religion, Silvio Ferrari developed the theory according to which there is a common European model. This model does not exist yet, but certainly we live in an era defined by the continuous searching of such a model. There is no European identity without common values. Some of these values, like toleration, do have a profound religious foundation. European integration is based on the action of different actors, including interest groups located in Brussels. The Churches and the religious organizations are also part of this category of actors and they try to be part of a process by which a common space for consultation will emerge.