Suchergebnisse

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 family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community. More often than not, the individual behaviour acquired the expression of the collective behaviour. Such an influence of the community was obvious in the traditional rural societies. However, in time, it became progressively diluted under the pressure of modernity.
We can see that there were deep changes as the area integrated to an economic circuit that would lead to imposing new mutations in several economic sectors. The economic development and the dissemination of non-agricultural activities associated to urban development whose influence went growing brought about alterations in the family relations. Then, there were mutations in the relationship between the family, the domestic group and the household resources. These changes were not obvious in all localities in the region: some of them were still anchored in the traditional as the new managed to penetrate more difficultly, while major changes on the level of the collective mental could not be perceived on a short span of time. Nevertheless, under the influence of modernity, society influenced the family not only in point of form, but also insofar as its role and functions were concerned. Mentalities changed together with the form and nature of society. Family was no longer big; it did no longer accept the interference of the relatives and even less that of the community. Changes were more visible in the city; however, once the social, cultural and economic changes, they became obvious in the countryside too. The nuclear family was the new family model where interference from the outside was insignificant.

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.

This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code "Rocco" (1930), the Romanian Criminal Code "King Carol
II" (1936) formulates a new type of criminal sanctions, explicitly designed to
address and combat the social dangerousness. Regarded as a major challenge to
the classic criminal system based on free will and guilt, the "security measures"
were formalizing new types of offenders defined as such not by their criminal
acts but by their criminal potential, redefining the scope and the goal of the
criminal prevention. Major debates in the epoch reveal the possible threats this
new type of criminal sanctions and of a criminal policy orientated towards risk
prevention, seen as closely connected with authoritarian tendencies, carried for
individual freedom and the rule of law. The legal issues discussed in the epoch prove significant for the current debates regarding the negative consequences the
preventive War on Terror have for individual freedom and the rule of law.

The paper shows that Jewish memory and Israeli memory are two distinct and sometimes even opposite, intellectual constructs. In order to assess this statement, we chose one specific topic: the birth of the evenimential perception in Jewish eyes, a phenomenon linked to the Zionist thought. A real intellectual revolution were achieved in the 19th and 20th centuries, which returns up side down the antique, medieval, and even early modern paradigms of Jewish time perception. It is precisely this reversal that led to the political activism and the foundation of state of Israel.

Since its origins, in the context of the Cold War's beginning, NATO has been a robust defensive alliance, acting in accordance with UN Charter, as a collective defence structure based on solidarity and mutual trust. Nowadays it has 28 member states and one can say that it fulfilled its main role: to protect the West against communist/Soviet threats using the deterrence and containmemt tools. Neither USSR nor its main instrument, the Warsaw Pact dare to attack the Euro-Altantic area. Our main assumption is that because the specific national interests of each member state, because of the domestic-constitutional issues and bureaucratic obstacles, the Alliance cannot yet forge a common strategic culture for all its members and also lacks a common lens for detecting real risks and therats, be they nation states or non-states actors. Nowadays, Russia and Islamic State are the main adversaries for the Western states, thus NATO should be more effective in dealing with them. And there is a need for reform and transformation. Divergences between adepts of territorial defence and those of pro-active "out of area" missions go in addition to divergences concerning the neeed for increased defence budgets for all members and especially concering the attitude towards Russia. Moscow used economic and energy tools trying to divise some allies like Hungary, Greece and Bulgaria and it partially succeeded. Using some theories of alliances and of democratic peace, resorting to recent facts and figures related to NATO's activities and plans, will help the reader understand the problem of increasing the power vs. increasing the security dilemma and the prospect of future conflicts.

This article aims to follow up the institutionalization process of the primary education in the rural areas of Bessarabia (today Republic of Moldova), during the inter-war period (1918-1940), from the perspective of the application of the corporal punishment in the public schools. The application of the corporal punishment also interacted with certain matters related to the everyday process of the primary education in the villages, such as the teachers' relationships with the local community, the school attendance, or the internal group dynamics within the pedagogical collectives in the rural schools. The corporal punishment was codified and became increasingly scarce in the inter-war years, correspondingly with the change of the attitudes both of the teachers and the pupils' parents towards the primary school.

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)

Scopul acestui studiu este de a identifica argumentele realismului stiintific, formulate de catre Alexander Wendt, pe baza carora statul se defineste ca persoana sau ca actor in sistemul de state. Voi vorbi despre aceste argumente si motivele pentru care acestea pot explica comportamentul statelorca actori rationali. In prima parte mi-am propus sa identific componentele teoretice din cadrul realismului stiintific, conform carora statele sunt autoorganizate, seamana cu organismele biologice, adica au o structura interna cu elemente constituente functionale care actioneaza in sens colectiv in virtutea reproducerii si supravietuirii sistemului, iar spre exterior acestea isi stabilesc limite/granite pentru a se defini ca o identitate. Pe baza componentelor biologice ale sistemului voi identifica si componenta cognitiva a unui stat, ceea ce il defineste ca o persoana psihologica cu interese, constiinta si memorie, astfel elementele constituente actioneaza in sensul supravietuirii identitatii colective. Fiind date functiile cognitive ale statului acesta isi va putea proiecta si strategii de relationare cu ceilalti actori statali. In a doua sectiune a lucrarii voi vorbi despre paradigma realismului ofensiv, din cadrul relatiilor internationale. Astfel pe baza structurii teoretice din realismul stiintific voi extrage conceptele cheie si le voi operationaliza, sau cel putin le voi asocia cu asumptiile mai aplicate din realismul ofensiv formulate de John J. Mearsheimer care susþine ca principalul factor motivant pentru state in sistemul international il reprezinta dorinta de putere astfel voi testa asumptia principala a lucrarii conform careia statele sunt persoane supradimensionate.

The author tackles the controversial problem of the relation between theory and ideology in Karl Marx's and Friedrich Engels' political writings. The article is structured into two main parts: the first one is focused on Marx's vision of a revolutionary intellectual as a base for the development of both theory and ideology. The second one deals with Marx's posterity, as it was established by the contribution of Friedrich Engels.

The article focuses on projects, which are managed by the EU in the field of education and training, recent changes to the EU policy in educational programmes. Erasmus+ unites programmes and actions in the field of education and training, fostering the EU added value in education and European dimension. It gives an insight into the concept of projects management in education, European legal regulations, specific European programmes in education and training.

Cinematography was deliberately organized, financed and oriented towards the purposes of the system and consequently became the most effective element of political and cultural pedagogy. The synchronic correlation between word and image, the power of visual suggestibility, empathy as an emotional response to the actors' performance - all these had immediate effects on the collective imaginary, on the perception of reality as a social and identity-forging project determined by the emergence of the ideological discourse. The Romanian socialist cinematography from the time of Ceauşescu synthesized and systemized a coherent and explicit system of values wherein it integrated the message of literary and other artistic works, of variegated forms of cultural expression, so that Romanian cultural axiology could find new possibilities to stand out in strict dependence to the institutional and optional structures of mass culture. The cinema per se thus became a sort of pedagogy for universal use, rendering the past heroic, as it exacerbated the national ego via the instruments of entertainment. Highly permeated ideologically and quasi entirely subordinated to the Communist cultural policies, the cinema production, carried out because of the appeal to emotions and collective memory, thus became part of the official discourse and orientated its issues, especially after the 11th Congress of RCP, according with the political and ideological interests of the national Communist project. The analysis focuses on the Romanian historical films with subjects and episodes relevant for the ancient and mediaeval history, in relation with the efforts of identity reconstruction, coordinated during the Communist regime in relationship with the project of the socialist nation's building and, after 1989, in relationship with the attempt of reconsolidating, sometimes from a radical perspective, the nationalist mythologies. Socialist patriotism thus incorporated many stereotypes drawn out from the ante-bellum, as well as from the inter-bellum Romanian spirit: the lyric of self-identification expressed by the film soundtrack and by the majestic character of the heroic gestures, the heroic epic obvious in the popular ballad pattern of pre-modern nature, the activist pedagogy specific to all forms of identitarianism. Despite all this ideological infusion, the mythology of Romanian historical films during the Communist nationalist times remains one of a sadistic-masochistic nature, cultivating the fear towards the Other, fatalism, expectation and obedience, all chronic and historicized.

The trans-ethnic voting ant the current cooperation between the Saxon and the Romanian communities in Sibiu/Hermannstadt could easily make believe in a perennial peaceful cohabitation. But the ethnic relations at the beginning of the XXth century are rather dissimilar, since they are marked by the strong affirmation of the Romanian community - especially by its political and cultural values - in the cadre of a multi-ethnic state - as Austria-Hungary - and of a Saxon dominated city - as Sibiu/Hermannstadt. The conflict between elites is pointed out by the prejudices enounced and by the symbolic weight of the disputes. More deeply, there is a conflict between two diverging political projects: the preservation of autonomy and of collective rights by the Saxon community, and the political, economic and cultural integration of the city into the recently made Romanian National state, in the aftermath of the Paris Peace Treaties. The two political projects originate -in fact- into distinctive models of citizenship: an exclusive citizenship, promoted by the Saxon community as a heritage from the Middle Ages; an integrative citizenship, preferred by the Romanian state in order to obtain a full allegiance from the new citizens. Since Romania has unexpectedly become a multi-ethnic state and minorities were more educated, urbanized and politically active, supporting the Romanian element became vital. The unsuccessful political strategies of Romanian elites, before 1920 -and of Saxon elites afterwards- lead to external sources of power: the Romanian National state and Nazi Germany. Whether Romanian authority proves to be quite successful, the German influence has disastrous consequences for the Saxon community. The persecutions and vexations following the German defeat in 1945 mark out the beginning of the great migration for the German community in Transylvania, following eight hundred years of coexistence.

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.

The unification process for the workers' movements was the final step for the communists in their effort to gain total control of the political power. The tactics of the Romanian Communist Party (PCR) were labeled "the salami tactics" because the party progressively eliminated all their enemies and used conjectural allies -such as the social democrats (PSD)- in order to reach their aim. This article describes the process whereby the organization of the PCR in alliance with the PSD obtained political power in the period 1945-1948 in the Ialomiţa county. The author focuses his analysis on two types of actions: the violent overtake of the local power (including mayors, police officers, governmental representatives, etc.) and the unification of the PCR and PSD in order to achieve a Single Workers' Party, in which the communists prevailed. As a result of the unification process, according to the official records, almost 7% of the population in this county was a member of the Single Workers' Party in February 1948. The Ialomiţa County is a very interesting, yet paradigmatic case, because in that period the region was a predominantly agricultural, with a small working class (2%), and the communists could not seize power by legal means. The study mainly relies upon local archival documents and upon the contemporary local media reports, which are carefully examined to discern between actual relevant data and their propagandistic content.