Suchergebnisse

The article examines the evolution of inter-party mobility in the post-communist Romanian Parliament, confirming that the practice has been a constant phenomenon, growing continuously after 1992. Political mobility is analysed from a double perspective, that of political representation and that of political parties. The case study on the 2008-2012 legislature reveals that beyond the quantitative aspect, the mobility of MPs became a real factor of instability, changing the majority in the Parliament and, as such, triggering the government's dismissal. Deputies and senators changing party affiliation produced, for the first time after the fall of the communist regime, an alternation of power between elections.

The article examines a few episodes during the 1866-1871 legislatures of the Romanian Parliament. The debate on the annual budget for 1867 represents a good opportunity for the members of the Parliament to define politics as a matter of opinion, with negative connotations, in opposition to the face-value and clearness represented by the mathematical percentages and figures. The latter ought to guide, in their opinion, good governance, which does not belong to the realm of politics. According to such a mental scheme, the members of both Chambers of the Parliament appear to be convinced that majoritarian politics and the fragmentation of the political parties must be utterly rejected in order to adequately realize representation. The difficulty of the Romanian members of the Parliament to define politics influences their difficulty to define their own role, namely the nature of political representation.

The article investigates the political mechanisms specific to contemporary Romanian politics and political parties, as well as those social representations related to gender roles and the
definition of family that have contributed to maintaining a low level of women participation in
Romanian politics after 1989. In a first part, it sets the conceptual context through a review of the
main theoretical approaches for the political representation of women, with an emphasis on
gender studies' cognitive dimension. Second, it connects a quantitative evaluation of women's
presence in the Romanian post communist parliament with a qualitative analysis of public (i.e.
mass media) discourse of the rejected legislative proposal to introduce gender quotas in various
political and social processes. The author finds that, beyond the dynamics of political elites'
recruitment and the functioning of the political "game", the ideological options and social
representations that emphasize the differences between men and women, as well the central role
of family in building gender roles play an essential part in maintaining a low number of women
within the Parliament.

The survey was conducted on a sample of 1087 selected subjects from 128 urban and rural localities in all counties of Romania. He measured the attitude towards issues such as: union with the Republic of Moldova, introduction of electronic voting, issues that should be promoted in the European Parliament, confidence in Romanian political leaders, voting intentions in the next elections, perception of the last 4 presidents.

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.

Development perspectives of the European Law of Contracts arise from the Press Releases of the European Parliament, the Union Council and the European Commission. The necessity to develop the European Law of Contracts is determined by the objectives of the Common Market, by the amplification of the commercial relations inside the EU, by the abstract and selective regulation of the contracts in the Treaty on European Union, in the EU Regulations and Directives, as well as by the divergences of contracts in national legislations of Member States.

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.

This article justifies the role and importance of the separation of powers in modern society and in the state, consisting in the fact that this concept is the instrument of restricting the state power to protect the rights and interests of the person. As a rule, the separation of powers is opposed to the concepts of autocracy, the concentration of power in the hands of one person or one organ. The author recognizes the theory of separation of powers as being ideologically linked to the political legacy of Locke and Montesquieu and notes that the genesis of the theory of separation of powers is associated with the emergence of bourgeois political and legal theories, especially in the 17th century in England, D. Locke being the most authoritative political thinker. However, this theory received a classic formulation in the writings of the remarkable French philosopher, lawyer and illuminator Charles Louis Montesquieu. In this article, the characteristics of the original theories regarding the separation of powers of these prominent thinkers, who completed for the first time the concept of a democratically organized state with the optimal organization of the system of organs of state power, are subject to analysis

It is important to study the decentralized government's bases for the current period of Moldova's development, to develop its conceptual bases and to create a theoretical model of decentralization which would be most acceptable for existing realities and would produce the expected results following the consistent introduction in daily practice.
An issue which decentralization of public power depends very much and should be considered as a priority is the creation of a favourable normative and institutional framework to decentralization process.
Although the Parliament of Moldova approved the National Decentralization Strategy, in its practical realization there are still many inconsistencies and shortcomings.

Since justice is carried out through the judiciary, composed of judges, this means that the judicial power is exercised only by the court în the person of the judge, the sole bearer of that power. The judge is the one empowered to investigate a case în order to clarify it, thus proceeding to a trial and then pronouncing a judgment, thus making an act of justice. But we can speak of a power (a system of organs that have the power to do justice, including by constraint) and not just authority, unless organically the independence of the members of the judiciary is guaranteed and the exercise of the power to judge is sovereign. Therefore, not only justice per se, as a branch of government must be independent of the executive and the Parliament, but also individual judges have the right to enjoy independence în the performance of their professional duties.

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

Such famous jurists as H. Kelsen, J. Chevallier, Giorgio del Vecchio, A. Hauriou, Mircea Djuvara, François Rigaux, Ion Deleanu, Tudor Drăganu etc. expressed their views on the principles of the rule of law, which persisted for several centuries. The rule of law is never a perfect reality and no country can claim to have achieved perfection, because the rule of law is not obtained easily, it is the joint effort of the state authorities, civil society, and all the citizens. José Manuel Durão Barroso stated that "The rule of law is the cornerstone of the European Union, there is no true democracy without the rule of law and without democracy the rule of law is just an instrument in the hand of the rulers". While the European Commissioner for Justice, Viviane Reding stated that "In parallel to the economic and financial crisis, we also have been confronted on several occasions with a true "rule of law" crisis. At the beginning of April 2014, in Innsbruck (Austria), was held the academic conference entitled "Strengthening the rule of law in Europe - from a common concept to mechanisms of implementation". On April 21, 2014, the European Parliament noted, according to Article 49 of the EU Treaty, Moldova, Ukraine and Georgia, as any European country can apply to become a member of the European Union, given that they realize the principles of democracy, the fundamentals of freedom, human and minority rights and ensure the rule of law. Thus, achieving the rule of law in Moldova was and will be a permanent and current task in the coming years.