Suchergebnisse

Choosing arbitration as a way of resolving legal disputes, it involves the guarantee of principle regarding contractual freedom. This principle is also established in ECtHR's jurisprudence. In this situation the question is whether the court can impose or sanction an arbitration decision that violates the ECtHR rules. Under the ECtHR's jurisprudence, it is not necessarily an arbitration decision to be canceled because it did not correspond to all the guarantees of Article 6. Each contracting State, in principle, can decide the reasons an arbitration decision should be annulled or not. An arbitration agreement, reached between the parties, restricts voluntarily the right to access to courts and dispute settlement in accordance with their rules of procedure. Thus, the parties to an arbitration agreement must be "fully aware" of giving up this fundamental right and once validly waived this right, they cannot plead infringement of it. European Convention on Human Rights is binding on judges only indirectly, only the proceedings of the court in connection with the arbitration proceedings are subject to the European Court of Human Rights, but not the arbitration procedure itself. So, ECtHR in Article 6 (1) of the Convention is not directly imposed to arbitration courts, but obliges courts of contracting states to establish appeal against arbitral order to verify the correctness of the arbitration proceedings and to quash decisions that disregard the fundamental procedural guarantees laid down in the European Convention on Human Rights.

This paper analyses the perception of the new member states of the EU (the 2004 and 2007 entrants) by the old member states' representatives. The text utilizes an updated version of image theory and it is based on 24 interviews with diplomats from permanent representations of the old member states in Brussels. It argues that the mutual perception between the EU member states has an impact on coalition building and thus also on the decision-making process of the EU. Although the newcomers are perceived positively in general terms, there are several differences between them in terms of their activities and behaviour at the EU level as well as in the cultural area. The paper therefore divides the newcomers into groups according to the image that is ascribed to them (the four general images are those of a close ally, a passive ally, a distant ally, and a detached ally). Adapted from the source document.

The EU crisis has brought about fundamental impacts on the constitutional framework of the EU governance. The internationalization of EU law, the strengthening of the intergovernmental form of decision making with the crucial role of the European Council and the corresponding weakening of parliamentary bodies can be seen as symptoms of a shift of the EU towards an executive form of federal governance. However, this trend may not be interpreted simply as a 'return' of the sovereign state as the key actor within the European polity, as it might be according to traditional theories of emergency powers. The decision making is de facto relocated from the political level to the level of administration. Thus, instead of de-parliamentarization, we can speak about de-politization or a reconfiguration of the political. The crucial role here - even in decisions of summits of the European Council and the Euro Council - is played by administrative bodies, particulary those of the Council Secretariat and the Commission's services. While the economic crisis is (hopefully) already overcome, the overcoming of the crisis of democracy is not in sight. Adapted from the source document.

Analysis of elections to the bodies of self-governing regions in the Slovak Republic Elections are an essential part of any democratic country. With the establishment of self-governing regions, the first elections to the bodies of higher territorial units took place in Slovakia in 2001. Through them, voters can influence decisions at the regional level and be fully involved in decision-making processes. Only through elections is it possible to ensure the full participation of the population in decision-making on regional policy, which is ensured by the second level of regional self-government. The aim of the article is to analyze the constitutional regulation of regional elections in the Slovak Republic, to analyze all regional elections held since 2001 with a focus on voters participation, causes of non-participation and certain specifics that result from individual elections. Last but not least, the aim is to assess the participation of independent candidates and their growing popularity among voters. URL: https://vsas.fvs.upjs.sk/

The article argues that mediation, in its essence, is a mechanism for social development, and solving problems in the public administration system through mediation contributes to organizational change and personal development of civil servants. The problem under investigation is to identify the factors that determine the final states of the social costs and benefits of the parties involved in the conflict and the methods of effective conflict management. According to the specified research problem, the conceptions about conflict are reviewed, which serve as a support for the steps taken in the analysis of the phenomenon of conflict in the public administration. The paper describes the elements of the conflict phenomenon and conflict management styles and states that the constructive approach to conflict resolution, based on active action strategy and the application of the win/win principle, is a mechanism that offers the possibility to change the current conflict situation and improve the decision-making process.

Nicolae Ceauşescu was born in 1918 and he died in 1989. Due to the extraordinary changes that the Romanian society witnessed during his time, the biography of this son of the peasantry may be re-signified in several vastly contradictory ways. For all intents and purposes however, he may be placed in the category of "professional revolutionaries", an extremely positive valuation within the contemporary Leninist ideology. Once in contact with the illegal communist movement, Ceauşescu became an outlaw, practically from the age of 15. The aftermath of WWII thrust him at the core of decision-making and at the focal point of Romanian power, a position he retained uninterruptedly until three days before his death. He held absolute power for nearly a quarter of a century. His atypical biography also dwindled his already scarce grasp of reality. The propaganda that had sustained the cult for "professional revolutionaries", and -during the final decades- the cult of his own personality determined grave distortions in his social perception, leading, in the "Ceauşescu case", to the "ultimate solution".

The structural-functional features of the European political system are analyzed. The author correlates the structure and the functions of the national political system with the functionality of the European supra-national structures. The efficiency of the decision making process and the functionality of any type of political system is influenced by the level of political culture and the degree of maturity of the political actors. The need to correlate interests of different states: EU members, candidates or those in process to adhere to the EU, determines the supra-national structures: European Council, European Union Council, European Parliament, EU Court of Justice, EU Court of Accounts, European Central Bank to honor honestly and responsibly their functions, respecting democratic principles of political communication, of cooperation and co-work. In conclusion, the author states that the European political system is functional, efficient, viable due to the capacity of institutions to ensure a dynamic stability both at community level and national one. The fact that at the moment the European Union is an international political actor with legal status and its components (Member States) that share the same rights and obligations represents a unique experience, interesting for the contemporary political theory.

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.

THE ROLE OF SECURITY SERVICES IN ENSURING NATIONAL SECURITY Throughout historical developments, ensuring national security is a priority for the states of the world. In the mechanism of ensuring the security of the state, the intelligence and security services, through the connotation of its meaning and attributions, have always played a primary role. This is explained by the fact that the role of intelligence and security services is not only to identify security risks, opportunities and vulnerabilities, but also to argue with the representatives of the political power the consequences of decisions they take based on the information presented by the intelligence. The information covered by these institutions is relevant in making the decisions necessary to prevent internal and external threats, as well as to promote national security interests. The Security and Intelligence Service of the Republic of Moldova has an important role in the state security bodies, representing a component of the national security system. Keywords: national security, intelligence and security services, state, national interest.