Suchergebnisse

The international academic community is currently exploring the development of the intelligence studies domain as a social science project. The current position paper argues for a project to connect, in content terms, the Romanian political science with the domain of intelligence studies. It takes into account the international and local context, and presents some of the benefits to be generated by the intersection of these two domains.

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.

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.

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.

The article contains a peer analysis of European primary legislation concerning enhanced cooperation within the European Union between the member states in accordance with their will on agreed issues. The research includes the forms of enhanced cooperation, the procedure of enhanced cooperation, the spheres of its application, the instruments of enhanced cooperation and the legal effects of enhanced cooperation both for participating and third countries.

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)

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 present article brings to the fore several details, which had been either unknown, or only partially familiar to the Romanian historiographers. The author refers to academic trajectories of the 14 young Romanians (almost half originating from Bucharest or Iaşi), who obtained their PhD in political and administrative sciences at the Free University of Brussels between 1885 and 1899. Over a third of them were also doctors in law. Of the 92 PhDs in political science awarded in Brussels between 1885-1899, the Romanians were on the second position in a formal hierarchy of the students who were not of Belgian descent. The foreigners counted 51 students, and the list was dominated by the Bulgarians, who had obtained 21 diplomas, while the Japanese held a distant third place with merely 4 PhD degrees.

The article explores the way political participation, representation and governance
are conceptualized and rationalized by the Romanian legislation on parties. The
plurality of parties was initially set up as a way to discipline and organize the
political pluralism manifest in society in order to contain it within the boundaries
imposed by the Constitution. This disciplinary vocation of parties was confirmed
and reinforced by the laws enacted in 1996 and 2003 that embedded parties into
a functional vision of democracy where they were explicitly endowed with
the public mission of ensuring the political integration of Romanian citizens.
The detailed rationalization of parties' mission to organize citizens' political
participation and to contain the expression of their political will contrasted
sharply with both the ambiguity of their governmental role within the "eclectic"
institutional design of the Constitution, and with their organizational friability.

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.

This study aims to answer the question whether Christian Orthodoxy can inspire political movements. In so doing we start from the political theories of modernity where the link between Christianity and democracy is central. Our result sounds unexpected: interaction between Orthodoxy and democracy seems to not have a perspective. It is too late for it since most political movements in post-communism do not have the religious identity of their members as criterion. The situation was not different before. As an example the effort of the orthodox theologians and laymen in Romania before the outbreak of the Second World War is quoted here. Almost without an exception all focused and restricted their interest on the question of the nation. Therein we see the principal reason for the above postulated perspective of an orthodox political doctrine until now. On the European level the situation looks also no better. Even the parties, which attribute themselves the Christian values, have at present large difficulties to convey their message. It remains only to hope that the political actors rediscover the social and actively support the Christian ethics in the public area. Only so can democracy be regarded as one of the most important binding forces also under the Christians.

The Judge plays a decisive role in promoting respect for human rights. His activity is governed by the fundamental principles of the "rule of law" concept. The principle of separation of powers is a principle that any democracy, that wants to be real, must necessarily take it into consideration and implement it. Delimitation of powers is, broadly speaking, a different jurisdiction to establish institutional authority, and to exclude other forms of mutual intrusion than those permitted by law. At European level, the criteria and conditions of the judicial domain, and the judges, receive a broader notion, more complex. The structure of today's European Union is based solely on the rules of law. Rule of law is ensured through creation of Community law that is independent and uniform for all Member States. To ensure judicial protection of individual rights conferred by Community law, transparency is indispensable to national procedural law. Therefore, the national legislation must be put in harmony with European law and the national legislator is obliged to respect the decisions of the EUCJ, which decided that, in principle, the conditions imposed by national law will not have to render virtually the rights conferred by Community law. Any judge, seized within its jurisdiction, is required to apply the provisions of Community law and protect rights which are conferred to individuals, leaving all provisions inapplicable, possibly contrary, the national law, either before or after the Community rule. European law clearly reinforces cultural and legal national judge. Community law isn't a foreign law, it is an outside law. This law is proper to each of our States as its national law, but it also has this feature to be at the same time a common value for all.

Pierre Manent is viewed as a French thinker that develops in modern times the liberal tradition of political thinking. One of the most important issues of Manent's thinking that was not enough underlined it is the relationship between religion an politics and how this evolved from the beginning of Christianity until the main consequences of modernity. Manent view on religion and politics is the core of this paper analysis. The main contributions of Manent, such as Naissances de la politique moderne. Machiavel, Hobbes, Rousseau (1977), Histoire intellectuelle du lib.ralisme (1987) La cit. de l'homme (1994), Cours familier de philosophie politique (2001), La raison des nations. R.flections sur la d.mocratie en Europe (2006) are analyzed from this perspective. Our conclusion is that in the way Manent deals with the relationship between politics and religion there are some constants that may be found in all his work. These are: the relationship between the Church and the different forms of political organization in Europe (Civitas, Imperium, monarchy); the fact that Christianity is one of the few current relevant concepts for political, due to the failure of totalitarian ideologies; the idea that secularization in Europe is not irreversible; we live in "an age of separations", and Church-State is one of these separations; we witness the religion transformation process and the .tat la.que cannot survive to .tat-nation; the role of Islam in modern societies and his perpetual finding of a political form; the relationship between Judaism, state and nation; the issue of the Christian identity of Europe.

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.