Suchergebnisse

The legal architecture of the EU is considered to be sui generis and like any other hybrid system, the process of integration and interaction with the older instruments of the member-states can sometimes become difficult. This article investigates the interventionist tendencies of the Bundesverfassungsgericht in EU development and the reactions of the EU Court of Justice. The main finding is that the German Court often acts as a balance setter in the process of EU integration. The research introduces the debate of the national states' legal resistance to integration and highlights the changes brought in this respect by the Treaties of Maastricht and Lisbon.

The article explores the rationale of the Romanian political community as defined by its successive constitutional layouts, since the first fundamental law of 1866, including the Communist constitutional settings, and concluding with the post-communist constitutional design. This consistency of the political community is tested by means of an analytical distinction between the Nation-State and the National State. The former is understood as the institutional underpinning of a community bearing a political project. The latter is seen as the institutional outcome of an ethnic group and the warrant of its political integrity. Such an examination of the Romanian constitutional production sheds light on the historical and unambiguous predominance of the National State, while the Nation State emerged briefly and warily in the Romanian setting in the form of the socialist nation state. By the same token, this approach questions the adequacy between democracy and this rationale of the Romanian political community. While the socialist Nation State, as it was constitutionally designed, failed to guarantee the effectiveness of popular democracy, the Romanian National State, as it was shaped by the successive constitutional texts, pre-communist and post-communist, was always unable to accommodate completely with democracy.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

Mixed marriage is one of the factors providing the link between interethnic and interreligious communities. Ethnic and confessional diversity of the population imposes a communication, an interference of different ethno-confessional communities. As these communities were living together, it was natural that this "cooperation" should be visible in the case of marriage. Given the context, mixed marriages acquired an innate multiculturalism due to the need for living together. The "social barriers" completed the ethnic and confessional differences. The State becoming more and more powerful in time imposed itself and promoted a new perception of mixed marriage through a lay legislation. On the other hand, in the mixed Greek-Catholic and Roman-Catholic communities, inter-confessional marriages were more easily accepted officially as both confessions were under the same hierarchic authority, the Pope. It is important to get a glimpse of the ethnic structures and their dynamics, as well as of the confessional realities to have a clear image in the analysis of interethnic or inter-confessional marriages. Marriage may be one of the social mechanisms to change the demographic volume of certain communities not only quantitatively, but also qualitatively, and to alter traditional spiritual values.

"The present volume unites 44 studies to honor Prof. Dr. Dorin Oancea, Romanian-Orthodox theologian and religious studies scholar, well known as a bridge-builder between Eastern and Western Christian Traditions. The manifold studies reflect upon the fundaments of interfaith and inter-confessional openness, offer insightful examples from past and present, or point to the loci where this openness can and should be achieved today. A meaningful collection for all those interested in present day ecumenical theology, in inter-confessional studies or theology of religions."--Provided by publisher, back cover

One of the essential objectives of this work is to change the optical approach of the local power phenomenon, opting for the approach of the territorial organization of local power from the perspective of the realities of the contemporary world. Within the thematic framework of the paper, I have pursued that the territorial organization of local power to be treated from the perspective of political and administrative sciences, referring to the Moldovan realities, but also to the influences of the integration in the European space. In order to solve the theoretical and practical problems related to the efficient territorial organization of the public power, I have used the paradigm of the territorial organization of the public power as the basis of the phenomenon investigation. The key idea of the paradigm is that the phenomenon of public power in the contemporary democratic state must be tackled not only in relation to the state but more broadly in the aspect of the existence of both the public power of the people and the existence and functioning of the local collectivities' public power as a power that has the same social nature but is different as form and content from the state one. These communities have their own public power, based on two essential elements: the local population and the local electoral system through which its representative bodies (decision-making and executive) are elected. The chapters of the papers imply complex researches regarding the territorial organization of the local power, in the idea that they would allow to identify a model of territorial organization of the local power in terms of the interests and needs of local collectivities in the Republic of Moldova. The final objective of the paper was to develop a theoretical vision of the reform of the territorial organization system of local power in accordance with the new realities and that would meet the political, social and economic challenges facing the Republic of Moldova. Reforming the territorial organization of the local public power on the basis of the recommendations made in the paper will help to overcome the negative tendencies that occur in the processes taking place in the society. Searching solutions to solve or identifying possible ways to resolve a problem does not necessarily mean finding an undoubtedly mean to solve the problem or a definite answer to the existing issue. In many cases, scientific researches does not put the end point in a scientific dispute or in a contradictory approach of a phenomenon, they only develop it, broaden the knowledge space and update it, providing research space to other researchers concerned about that issues and opportunities of choice and documentation for political decision-makers.

In society, at different levels, public territorial collectivities exist as component parts of
the whole - the people in its entirety. Each of these collectivities perform, abiding by the principles of local
autonomy, their respective public power which is exercised directly by the population or by the
population's representative authorities. The functions of public power are realized at those levels where
for their efficient realization there are adequate conditions and possibilities.
As a consequence of the diversity and hierarchy of the public territorial collectivities, many
authorities of different public powers may coexist in a single territory. The compatibility of activities of
different public powers is solved by clearly delimiting the competences and responsibilities of said public
powers.
The objectives of public power regarding the order of the public relations determines the functional
dimension of representative public authorities. This activity should be directed exclusively in realizing the
interests of the collectivity by political, economical, social and spiritual development.