Suchergebnisse

In the context of internationalisation the national issues regarding the restitution of nationalised immovable goods in different stages of history, the subject at hand, represents a pioneering analysis of a complex national reality. Recent practice of Romanian courts has revealed a delicate problem that is apparently the object of debate and resolve of the national and international academic environment. Through the analysis the author tackles the problem of discrimination that is committed by the national law that regulates the matter of restitution of goods that were abusively taken over by the state, from the point of view of the theoretician, as well as the practitioner, pointing out the necessity of direct cooperation with the European courts. The negative discrimination, resulting from the art. 36 of 18/1991 law, can be analysed as an objective and rational justification that would allow the direct practice of the European convention of human rights concerning the litigations about "Land Act" (Law no. 18/1991)

The treaties and the regulations of the Council of Europe offered greater protection to minors against the attacks on their lives and health. However, the effective implementation of this is carried out through national criminal laws. In the European countries, the criminal laws set certain infringements against the minor's life and health including aggravating offenses, which are committed by a certain person against minors. Some of them are similar, others, though, differ from one state to another, which consequently requires their unification to ensure a minimum of protection.

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.

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 article is an attempt to connect the concepts of public diplomacy and human security through the experience of the European Union, in the context of the COVID-19 pandemic. In the first part, the concepts of public diplomacy and human security are analyzed. Public diplomacy is a form of contemporary diplomacy focused on information, understanding and influencing the public in other states in order to achieve the goal. Human security aims at the quality of people's lives, in the way that any factor that diminishes their quality is perceived as a threat to security. The second part focuses on identifying the defining aspects of public diplomacy in the European Union, as a way to achieve foreign policy and security objectives. The last part deals with the ways in which the European Union has tried to respond to the challenges posed by pandemic and infodemic coronavirus with implications for human security. Also, the values of human security that are promoted through public diplomacy activities have been identified, both inside and outside the European Union.

Local power is carried out within the territorial boundaries of local municipalities that are delimited by each other through clearly defined borders and their degree of autonomy and vitality and depends, to a large extent, on the principles underlying the territorial organization of this public power.
The author considers that the territorial organization of the public power in the Republic of Moldova must be carried out on the basis of the following principles: a) respect for human rights, b) respect for historical, national and local traditions, c) economic and financial sufficiency, d) ensuring the participation of the population in the management of local public affairs, e) maximum proximity of the local public authorities to the inhabitants, f) population consultation on issues related to the territorial organization of the public power, g) legality, h) respect of the scientific achievements.
It was concluded that there is no strict dependence on the process of the territorial organization of public power to the objective criteria for creating territorial systems for the exercise of public power. Unlike other systems, the system of territorial organization of public power is much more static. This is a necessary condition for the proper functioning of the public authorities, which must have a permanent and clearly defined territorial area of activity.
The territorial organization of power in the Republic of Moldova was influenced by the factors of social, economic, organizational, national, historical, political nature. Each of the listed factors can determine the most important aspects of the territorial structure at certain stages of state development.

In 2017 the Cahul District, the largest in the Republic of Moldova as an area (1545,28 km2) and the population (116,7 thousand) became part of the Siret-Prut-Nistru Euroregion. The natural, economic and human potential of the Cahul District is an important resource for cross-border cooperation. In this study is made an analysis of the human capital of the Cahul District from the perspective of its valorization in order to deepen the cross-border cooperation of the Cahul District within the Siret-Prut-Nistru Euroregion. The experience gained by the Cahul District in the field of cross-border cooperation shows that the cultural and spiritual actions must be followed by actions on the creation of common spaces in the informational, economic and commercial spheres. In this respect, it is important to complement the cultural actions with practical ones, thus constituting a systematic effort with clearly defined objectives. Human capital can be a catalyst factor for cross-border cooperation also due to the fact that in the Cahul district there are several educational institutions that can help train qualified staff for different areas of work relevant to cross-border cooperation.

The article shows the way in which the journal Conservatorul Constanţei illustrated the main subject of local political debate in 1909-1912: the issue of the political rights for the citizens of Dobrudja. This debate is significant as it unfolds in the same time as the consolidation of the local branch of the Conservative Party, as well as the participation of its representatives to the parliamentary elections in 1912. These are the first elections in which the citizens of Dobrudja take part, after they were reintegrated within the frontiers of the Romanian state (1878) and after they obtained political rights (1912).

This article reviews the importance of national interest in the context of democratic transformations. The Republic of Moldova has to define its national interests as an opportunity to demonstrate that it has committed itself to respecting the values of freedom and tolerance, to demonstrate that it is open to bilateral and multilateral dialogue and cooperation and it tends to become a reliable security partner also by that gaining more audience and credibility. Even if the national interests of the Republic of Moldova are of a regional character, because its political and economic potential is limited, so it can not claim global roles in the world arena, the national interests synthesize the trajectories on the basis of which the Republic of Moldova conceives its present and the future. In democratic transformations, the role of state power in contemporary conditions does not diminish, but vice versa complicates and increases. Regardless of the social model that our society develops on, the state is the most important instrument for increasing people's well-being, building civical and political activity as well as strengthening the sense of citizenship. Thus, the course and results of democratic transformations are to a large extent determined by the quality of state leadership. The national interest is a well known determinant of political behaviour which motivates and stimulates different actors to develop political goals, to take actions that address both the political sphere as well as other social spheres. Starting from the premise that we are still doomed to governments formed by coalition, we consider absolutely necessary for all political formations to place on the first place the national interest, democratic transformation, sovereignty, human dignity, rights and freedoms, and not the narrow interests of the party or group.

The article presents the characteristics of the language used in the prison employees and inmates. There is a nonverbal language, gesture that is learned by imitation two social categories in the everyday interaction. And there are two types of verbal language - one official and one secret slang. In the universe of prison three languages intertwine not possible without each other. To understand the functioning of an institution's total language understanding is essential, for it is vital for human interaction flow, understanding and functioning of formal and informal rules for the two categories internalization of social values.

Any reflection on the relationship between religion and politics in the Catholic thought cannot do without reminding the Augustinian distinction between the civitas Dei and civitas terrena. The goal and foundation of any just political community should be the orientation to wards the common good. In the contemporary catholic thought, Johann Baptist Metz proposes a political theology revolving around the concepts of the value of the human person, the necessary refusal, on the part of the Church, of any mundane ideology and the necessary use of the socially critical potential of theological thought. Hans Küng criticizes any politicization of theology. He insists on the development of an internal pluralism within the Church and advocates a self-limitation of the magisterial intervention in the world in the name of a necessary "eschato logical reserve". Joseph Ratzinger/Pope Benedict the XVIth , invested with the magisterial authority, relies heavily on official documents of the Catholic social doctrine. He emphasizes the necessity of founding the state on the central value of justice and its acting according to the principle of subsidiarity. In this context, the Christian faith and the Church in particular may have a pedagogical role, as it may guide reason to follow the right priorities. All three thinkers agree on the public significance of the Christian vision of society and on the fact that it may help society both by its critical and by its constructive dimension.

By analyzing the parliamentary debates of 1866-1867 on foreigners' (notably Jews) requests for naturalization and property rights, this article tries to identify the parliamentarians' answers to the following questions: On what grounds were foreigners accepted as Romanian citizens? How did the parliamentarians define the foreigner? What was required from a foreigner in order to become a citizen? The overall objective is to identify some major themes that preoccupied the representatives of the nation, circumscribed around the primordial character of the "union" and of "nationality", with a special focus on the solutions proposed by the liberals. The argument is that the Parliament, by its vote, instead of granting citizenship rights, merely established the conditions according to which one could become a Romanian. In other words, the Romanian legislators considered it to be of outmost importance to recognize the quality of being a Romanian, that is, a member of an ethnic body, and not to define citizenship as a legal membership. "To be a Romanian" was more of an ethnic belonging, a "given", than citizenship or civic loyalty, defined through political and civic rights. It seems that citizenship was crushed by the primordial character of ethnic loyalty and by the weight of the state as expression and guarantor of the Romanian nation. In engaging the parliamentary debates about naturalization, the article attempts, first, to draw more nuanced conclusions about the lately much-debated character of citizenship in Romania and Eastern Europe during the mid-19th century. And second, such an analysis may provide a better understanding of the nature of political representation during the same period.

This article is based on three hypotheses. First, the legal requirements for
establishing political parties in Romania are among the most restrictive in Europe.
Second, electoral participation decreased globaly during the last two decades;
however, when a party succeeded in registering and endorsed a non-ideological
position, the electoral participation slightly increased; so, if the legal requirements
will be relaxed, new parties might emerge and a greater participation to the
elections might be taken into consideration. Third, the current legal procedure
for registering political parties contradicts the constitutional provisions on the
freedom of association and the right to be elected. In the light of this findings, the
article suggest a revision of the current legislation.

The paper explores the merits of Protagoras' view of politics as a possible intellectual source of the post-communist theory of democracy. Unbeknownst to themselves, Romanian politicians and political scientist tend to understand the function of politics in the footsteps of Plato and Lenin, as an art, or science of leadership. Interested mainly in the effectiveness of government, they give no significant heed to the issue of rights and liberties. The great discourse of Protagoras of Abdera could supply, in a normative way, the conceptual tools for a different approach to politics, as a pedagogical rhetoric of legal and political equality.