Suchergebnisse

The Romanian Ombudsman (the Romanian People's Advocate) is an autonomous and independent public authority, as provided for by the law on the organization and functioning of this public institution, which is not part of any of the three powers in the state - legislative, executive and judicial. The decision of the constitutional legislator not to include this public institution in any of the three classic powers was determined, in our opinion, by the desire, but also the need, to configure an impartial institution that would exercise its constitutional and legal role with complete objectivity. In this context, through this paper, we propose to analyze, through specific research methods, such as the comparative, sociological, and teleological method, if the way of appointing and, respectively, revoking the head of this institution is one that does not affect this role, risking politicizing the institution of the Ombudsman.

The state is that form of organization specific to human society even today, although several thousand years have passed since it was set up in the Ancient Orient. Over time the concept of state has evolved, perhaps even sometimes didn't evolve, on the contrary, it has certainly undergone complex adaptations generated by the challenges that have arisen over different historical periods, as well as by historical, political, social, economic, cultural phenomena, etc. Nowadays, globalization is a phenomenon or even a complex process generated by a multitude of causes, shared, more or less, by human society, but whose existence and effects can neither be ignored nor denied. In this briefly presented context, are witnessing the encounter of two different concepts, perhaps even antagonistic, concepts, namely the state, and globalization. These two concepts and more had to find a way to live together. We ask ourselves, however, whether this coexistence between the state and globalization is a temporary compromise or in time the nation-states will disappear leaving the place of another form of organization that responds better to globalization or, on the contrary, we will return to the classic nation-states, abandoning or diminishing the effects of globalization? We ask ourselves if nations, especially in the current international context, are ready to abandon the states they have created in favor of a multinational but unique international community. Using methods of scientific research, such as the comparative, historical, or teleological method, in this paper, we aim to identify possible answers to the previous questions.

According to the current constitutional provisions in force, the President of Romania has duties in regard to the naming of the Government, as he is the one who begins this procedure by appointing a candidate for the position of prime minister; the President is also the one who concludes this procedure, based on the vote of confidence granted by the Parliament. Considering these constitutional provisions, state practice, doctrine, jurisprudence of the Constitutional Court of Romania, but also the constitutional provisions of other states, we aim to analyze certain delicate aspects which occur in the exercise of these duties. We will appreciate on the existence or inexistence of a discretionary power of the head of state in the exercise of these duties. In this scientific endeavor, we will use specific methods of research, as is the comparative one, the logic one, the systemic and/or the teleological one.