Suchergebnisse

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.

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.

In international relations, international security combines that set of international relations that ensures global stability. In other words, international security is a state in which states are not threatened by war or by any breach of their sovereignty or independent development by other states. In accordance with the UN Charter, the Security Council currently has the main task of ensuring world peace, also having the sole right to impose sanctions against aggressors. The idea of international security, its realization in practice is determined by historical, economic, political, social conditions, as well as other factors. The problem of international security arose with the formation of the state institution, being always close to the problem of war and peace. Over time, there has been a change in the ability to analyze and report security issues. Along with these, both the policies and the security strategies of contemporary societies have undergone a process of metamorphosis.

This article discusses the recent debate between Jürgen Habermas and Wolfgang Streeck on the relationship between capitalism and democracy in Europe. The article recounts Streeck's analysis of the financial crisis, the transformation of the tax state into the debt state, and the development of the EU towards an international consolidation state, which informs Streeck's call for a retreat from Europe to the nation-state as the last line of defense against neoliberal capitalism. The article proceeds to sketch Habermas's criticism of Streeck's argument, and it illustrates how Habermas' proposal for a reconstitution of the EU as a supranational democracy is motivated by foundational concerns in his critical theory of society. Finally, the article argues that the debate results in an unresolved dilemma: while only a democratized EU can reestablish the supremacy of politics over globalized markets, the EU is more likely to become further entrenched as an international consolidation state.

The phenomenon we have tried to approximate in our work is that of Romanian inter-war spirituality. The "protagonists" of this research belonged to the so-called "young generation" or "generation 27", that is "The Criterion group": Mircea Eliade, Emil Cioran, Constantin Noica, Mircea Vulcanescu, as well as other two representatives of a different generation: Nae Ionescu and Nichifor Crainic.
The first chapter, entitled "Steps and traps in the perception of Romanian inter-war spirituality" stipulates the topic of our research. The novelty of the approach lies in our desire of deciphering the way in which these persons had perceived themselves and their role in what we are going to refer to as the great inter-war experiment. We intend to regard reality as the sum of various images, arising from different layers of perception, coming from the respective personalities, their critics and exegetes. These images overlap to an extent that does not justify the metaphor of a "mirror broken into pieces" and reconstructed; they merely form a sort of kaleidoscope whose images are recomposed in ever changing pictures every time the object one looks through revolves. In the same time, we make a starting point in an idea suggested by social psychology, which leads to our belief that the way in which the protagonists under discussion perceived themselves was defined by their representations on the events of the time, a sort of intellectual projection of collective consciousness.
We made clear some terms such as "post-event perception": the type of cognitive reflection upon a cultural background that occurs under the circumstances imposed to the subject, situated at considerable distance in time, capable of placing him in a favorable position – as the absence of subjectivism cannot contaminate direct, synchronic perception of events; possible reiteration of the moment achieved by means of reading, an experiment possessing the supplementary cognitive charge of an anticipatory knowledge of the denouement, as well as a series of disadvantages – such as the informational deficiencies caused by the passing of time, the reality of events being an indirect, secondary one; the contamination of hypothetical decisions and post-event judgments by the bulk and value of information on the events, as well as their subsequent evaluation, jeopardizing the accuracy of perception.
Evaluating the working hypotheses we notice that there is a considerable difference between the way in which we, who were not directly involved in the events, perceive the "epoch", and the way it was perceived by the persons whose intentions we are striving to decipher, together with the ideas and attitudes they shared, the people they came into contact with, the events they took part in or carried them along a sometimes disagreeable, often ungrateful History. Our protagonists observed that whatever culture consecrates or recovers is in possession of another type of reality. It is a relatively continuous reality; even if it becomes the subject of ever renewed evaluation, it constantly perpetuates a series of values, while history is anthropophagous, swallowing in an equally inconsiderate manner both geniuses and jesters, bringing together in its terrifying ignorance both illustrious characters and the most ordinary of all people.

11. september-angrepene og USAs svar utfordret folkerettens regler. Basert på et argument om selvforsvar, lanserte Bush-administrasjonen en global krig mot terrorisme, med fangeleirer, bruk av tortur og utenomrettslige henrettelser. Essayet gir en oversikt over tre folkerettslige hovedproblemstillinger som oppsto i årene etter 2001. Folkerettens regimer om samarbeid for å motarbeide terror var for svake, FN-pakten gav lite klare regler om staters selvforsvarsrett mot ikke-statlige aktører på fremmed jord, og angrepene utfordret folkerettens todeling mellom krig og rettshåndhevelse (humanitærrett og menneskerettigheter). Essayet gjør opp status for hvordan folkeretten utviklet seg på disse områdene etter 2001, og tar stilling til om dette gir grunnlag for å betegne 11. september som et vannskille i folkeretten.
Abstract in English:International Law and 9/11 – a Watershed?The 9/11 attacks and the US global response was a challenge to international law. Based on an argument of self-defense, the Bush-administration launched a global war on terror, established prison-camps, opened up for torture and engaged in targeted killings. The essay provides an overview of the main challenges that arose after 9/11 from the perspective of international law. The international regime for prevention of terrorism was weak, it was unclear to what extent the UN Charter provided states with an independent right to self-defense against non-state actors in foreign states, and the attacks challenged the dichotomy between war and crime (humanitarian law and human rights). The essay analyses how these areas of international law have evolved after 2001 and concludes by assessing whether 9/11 can be deemed a watershed in the development of international law.

Dezbaterile publice privind administraţia publică sunt de neconceput fără analiza problemelor ce vizează autoadministrarea colectivităţilor locale. Carta Europeană a Autonomiei Locale tratează colectivităţile locale ca fundamente ale democraţiilor contemporane, recunoscându-le dreptul şi capacitatea de a rezolva o parte considerabilă din problemele cu caracter local sub propria responsabilitate şi în interesul populaţiei locale. Pentru exercitarea acestui drept, fiecare stat elaborează cadrul normativ, care, sub influenţa mediului politic, social şi economic, este supus unor permanente modificări, operate pentru a da mai multă forţă sistemului de autoadministrare. Prezenta lucrare îşi propune să faciliteze cunoaşterea, înţelegerea şi însuşirea problematicii autoadministrării colectivităţilor locale. Pe planul informaţiei sunt prezentate rezultatele cercetărilor analitice, obţinute fie în cadrul unor eforturi de cercetare, fie în programe de consultanţă. Rolul acestora este de a sugera pe de o parte importanţa cunoaşterii potenţialului colectivităţilor locale, constrângerilor şi resurselor în planificarea unor măsuri asumate formal şi de o manieră sistematică. Pe de altă parte oferă soluţii practice şi sugestii privind aplicarea unor acte normative şi soluţionarea diverselor probleme generate de practicile cotidiene. Înserarea în conţinutul lucrării a problemelor de natură juridică şi teoretică urmăreşte nu doar înzestrarea cititorului cu informaţii relevante şi actuale. Acestea apar mai degrabă ca un reper pentru contemplare, pentru clarificare şi sistematizare şi mai ales pentru a le situa corect în raport cu misiunea activităţilor circumscrise administrării. Lucrarea va fi utilă celor implicaţi în procesul decizional local, funcţionarilor publici din instituţiile administraţiei publice locale, angajaţilor întreprinderilor municipale, studenţilor şi masteranzilor, tuturor celor interesaţi de problemele autoadministrării locale.

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.

As a sovereign and independent state, the Republic of Moldova has been going, for more than two decades, through a long process of asserting the country globally, certifying the status of the Republic of Moldova as a member of the international community and subject to international law. An important role in this sense is also the membership of our state in various regional and international organizations, and of increased interest are those specialized in combating all forms of organized crime. Taking into account its geographical position, but also the socio-human factor, we can not neglect the strategic role played for this purpose by the organizations from the Community of Independent States, those from the Black Sea Basin, or the Western Balkans. Thus, this article aims to review the most important regional and international organizations fighting cross-border organized crime of which our country is a member, with the presentation of the activity and role of the Republic of Moldova within them