Suchergebnisse

The article explores the rationale of the Romanian political community as defined by its successive constitutional layouts, since the first fundamental law of 1866, including the Communist constitutional settings, and concluding with the post-communist constitutional design. This consistency of the political community is tested by means of an analytical distinction between the Nation-State and the National State. The former is understood as the institutional underpinning of a community bearing a political project. The latter is seen as the institutional outcome of an ethnic group and the warrant of its political integrity. Such an examination of the Romanian constitutional production sheds light on the historical and unambiguous predominance of the National State, while the Nation State emerged briefly and warily in the Romanian setting in the form of the socialist nation state. By the same token, this approach questions the adequacy between democracy and this rationale of the Romanian political community. While the socialist Nation State, as it was constitutionally designed, failed to guarantee the effectiveness of popular democracy, the Romanian National State, as it was shaped by the successive constitutional texts, pre-communist and post-communist, was always unable to accommodate completely with democracy.

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.

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.

I present an analysis of the electorate of the left in Romania in the last 25 years (1990-2014), both longitudinal and comparative. The analysis reveals an electorate that has hardly changed since the early 1990's - it continues to be predominantly poor, old, and rural, with little education, much like the electorate of parties such as the Russian Communist Party or the Hungarian Fidesz. I argue that this profile, and its lack of evolution, is largely a product of the left's (FSN, FSDN, PDSR and PSD) lack of genuine commitment to the institutions and principles of liberal democracy.

The paper explores the merits of Protagoras' view of politics as a possible intellectual source of the post-communist theory of democracy. Unbeknownst to themselves, Romanian politicians and political scientist tend to understand the function of politics in the footsteps of Plato and Lenin, as an art, or science of leadership. Interested mainly in the effectiveness of government, they give no significant heed to the issue of rights and liberties. The great discourse of Protagoras of Abdera could supply, in a normative way, the conceptual tools for a different approach to politics, as a pedagogical rhetoric of legal and political equality.

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.

Republic of Moldova has clearly established the strategic direction of development - the European integration. In this context, it requires a deep reform in all spheres of social life according to the EU standards, including the territorial-administrative delimitation. The system of territorial-administrative organisation of the Republic of Moldova still supports the consequences of the Soviet totalitarian system which is manifested by the excessive fragmentation of the territory. It is analyzed the impact of the excessive fragmentation in small administrative entities as a dimension and capacity for democracy development at the local level. In conditions of the insufficient resources, specific to this system, the local authorities cannot provide citizens with the qualitative public services. It is justified the idea of administrative-territorial achievement whose purpose should be the territorial consolidation by respecting the norms and current practices of the European space, including the accession to the parameters set by Nomenclature of Territorial Units for Statistics (NUTS).

In the interwar Romanian democracy, the main actor in this political mechanism around which the electoral system and the political parties were rounding was the King. He was designating a party in order to form the government, and afterwards the elections organized by the cabinet were inevitably won by the political party in power. As no party was designated one after another to rule the government, the sequence in power was simply and efficiently ensured. Winning the elections for each party in power was closed related to the voters dedicated to the government, meaning those who were giving their votes to the leading power. And this way, the interwar electoral puzzle was completed. The cohort of voters willing to vote for the government was influenced by many indicators such as cultural (literate) and economic ones, so that the electoral behavior differences between regions like Oltenia and Banat were significant, taking into consideration the economic gaps. Therefore, the electoral comparison between Romania and Dobrudja in the interwar period makes sense.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features – within the historiography of the topic – the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar treatment. After 1989, the names of the Romanian volunteers who had joined the cause of the Spanish Republicans went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public. This study also deals with a broader context, including international politics, the reasons behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland and France), as well as details of the fights of which he was a part of during the war.

This study depicts the biography of a young communist (Ion Călin) who volunteered for the International Brigades in Spain, and thus it features - within the historiography of the topic -
the destinies of the antifascist Romanian combatants. Since the vast majority of these combatants was composed of members and supporters of PCdR, the regime of popular democracy honored
and glorified them after March 6, 1945, in the same vein as those Communist inlanders who were
repressed by the "bourgeois regime". The Romanian Communists who fought in the French Resistance received a similar follow-up. After 1989, the names of the Romanian volunteers who had joined the Spanish Republicans' cause went in the shadow due to their political affiliation to a party utterly compromised in the eye of the public.
This study also deals with a broader context, including international politics, the reasons
behind such an enthusiasm binding young people to go abroad to a front at over 2.000 km, the social
strata they derived from, PCdR's efforts to organize and send combatants across the borders, Ion Călin's clandestine journey to the Iberian peninsula (via Czechoslovakia, Austria, Switzerland, or France), as well as aspects and details of the fights of which he was a part of during the war.

The positive, unifying ideological resources of liberal and progressive Islamic interpretations deserve more than ever to be exploited in the contemporary socio-political context. Their conceptual tools, principles and theses could solve the conflictual cleavage, politically manipulated, between Islam and Western modernity, without repudiating the references to an Islamic paradigm. Therefore, liberal and progressive Islamic understandings could avoid the recent superficial oscillation between two ideological -artificially constructed- extremes, namely either confining the discussions to the secular, colonialist or postcolonialist perspectives, or promoting the defensive opportunist neotraditionalist Islamic approaches, specific to the nationalist movements of the last century so-called Islamic revival. Liberal Islam does not fully adopt all liberal theses and does not obediently imitate Western philosophy. Liberal Islamic understandings are defined by the opposition against teocracy and by supporting the democracy. Women, minorities and non-Muslims' rights in Muslim-majority countries, freedom of thought and trust in human progress, are other essential tenets that are fundamented on contemporary understandings of the major Islamic sources. Trying to correct some excesses that the liberal Muslims were accused of, but maintaining the reformist tendencies, progressive Muslims' approach is centered on a "multiple critiqueˮ ‒ a simultaneous critique of the diverse discourses and communities in which Muslims are situated. Not only the authoritarian constructions of literalist, puritanist Muslims, the violation of human rights, freedom of expression and of religion, the oppression of women in some Muslim countries are condemned and deconstructed, but also some political, economic, intellectual hegemonic Western aspects of modernity. In Romania these contemporary tendencies of interpreting Islam are not yet represented at a community level.

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.

In the conservative imaginary, at least in the cases of Constantin N. Brăiloiu and Alexandru N. Lahovary, France was not deemed a functioning political model (i.e., a political or constitutional regime) that Romania should have followed. Compared with the English political model (or rather with the Anglo-Saxon one, since the reference sometimes included the United States of America) and with the Belgian regime, France was certainly a less favoured option. However, without exception and despite all discursive artifice, in the perspective of these two politicians, who were evidently Francophile, both by education and by cultural affinities, France undeniably remained a landmark of civilization or administrative and economic efficiency, and sometimes a beacon of legal inspiration. It must be said that the latter perception was in no way related to Constantin N. Brăiloiu and Alexandru N. Lahovary's conservative convictions. It was commonplace in the local cultural imaginary, which, regardless of one's political, social or cultural affiliation, repeated the encomiastic mantra dedicated to imperial France, to whom the Romanians were convinced that they owed the existence of their nation. In fact, one should not overlook another typical belief of this political imaginary, which is illustrated in our case by Alexandru N. Lahovary: the Romanian politicians were persuaded that the ideals included in the Declaration of the Rights of Man and of the Citizen were exclusively due to the France of 1789.

The last years of World War II have brought, per ensemble, complex problems for the "Regele Ferdinand I" University, which, after the Vienna Treaty of 1940, has been functioning in exile from Sibiu and Timişoara. From 1944 the model of the modern University of Cluj was brutally converted to an instrument of propaganda for a communist ideology, far fetched from its original nationalistic vocation. The period of transition from democracy to totalitarianism, 1944-1947, was marked by a series of events such as: the beginning of the process of politicization within the University of Cluj, the problems related to the foundation of "Bolyai" University, the return in 1945 of the University to its original sight from Cluj, the students strikes in January-June 1946, the university repression generally speaking, and particularly the repressions of students, and, last but not least, the debates of the University Senate concerning the politicization of the academic environment and the dismissal of some "compromised" members of the teaching staff. After 1944, the communists were interested in eliminating all political rivals, therefore the dismissal threats, followed by the contractions within the Departments of the University of Cluj, became a cruel reality between 1944-1948. Like all the other Romanian universities, the Cluj University began compiling "expurgation" dossiers for the so called "fascist" university professors, and substituting the old rectors and deans with new ones from amongst those who had adapted to the "new age". The public stand of the academics has gradually declined after 1944, when their life and activity has been brought to challenge, the changing values after March 1945 favouring the devotion towards the new regime, and praising less and less the academic fulfilment. On the background of "democratic" reforms, the new regime authorities have intensified the brutal isolation, especially of scholars among which a great number of university professors, by means of massive arrests. The most invoked reasons were: denigration of the power of the state, opposition to the construction of socialism, or the need to re-educate the "hostile" elements from within the Popular Republic of Romania.