Suchergebnisse

Through the public procurement rules, protection of competition, equality of choice & transparency of the procedure in relationships between the public & private sectors are provided, to the greatest extent possible, in the EU rules. All the contractual relationships between the public & private sectors cannot be subject to strict & formal rules on public procurement primarily due to the special nature of business operations, complexity & duration of the relationships. Concessions or public-private partnerships of a concessionary nature are excluded from the legal regime that applies to public procurement. This paper analyses the contractual relationships of the concessionary nature & the EU efforts for ensuring a certain degree of equal treatment of private partners entering into public-private partnerships. Adapted from the source document.

The history from ancient times to the present has demonstrated the inherent conflict in inter-human relations. Conflicts are a result of the interaction and communication of individuals, so they persist as long as man is. At present, conflicts are greatly influenced both by the nature of the people and by the specific nature of the work of social-political organizations and institutions. The issue of conflicting conflicts and situations has become a key issue for many philosophers, psychologists, sociologists, political scientists, etc. But regardless of the high interest and long history there is no unanimously accepted understanding of the essence and nature of the conflict. The political sphere is a specific area that has a permanent and obviously conflictual character compared to other spheres of social life. Its origin is in the very nature of political relations, as relations of power, which presuppose the leadership of some and the subordination of others. That is, the power relations are based on the dominance of some people and their interests over others, which gives birth to clashes and confrontations. Political conflicts are a consequence of confrontations in a complex and multi-level system of leadership and subordination. This article will determine the conceptual, functional and structural dimention of conflicts, in particular will analize the multitude of theories that explane the expression of the conflicts in social and political life, constructive and negative approaches on functions of conflicts, dynamical dimension and paerticularites of political conflict management.

In this paper, the author gives a detailed critical discussion of the conditions of possibility of the politics &/or ethics of enjoyment such as that conceived by Sade. She begins by discussing the hypothesis advanced by a set of eminent interpretations of Sade's work according to which there is an irreducible antagonism between disruptive passions & social bonds. The central theme of this essay -- that society is rooted in the imperative of enjoyment -- is elaborated on. As a consequence of this discussion, the author turns to the question of the evil inherent to enjoyment. She concludes that the entire project of the politics & ethics of enjoyment is centered on the deculpabilization of passions & enjoyment since, in Sade, the evilness of enjoyment is imputed to Nature. It could thus be said, argues the author, that Nature is Sade's "symptom," denouncing in this way that Sade, the theorist of enjoyment, is unable &/or unwilling to assume the evilness of enjoyment. Adapted from the source document.

The aim of this paper is to provide the reader with an insight analysis of the postcommunist Romanian constitutionalism. In order to achieve this objective, it is concerned with the way in which the constitutional framerwork has been build. Another topic of the paper is an attempt to clarify the political nature of the constituonal regime, starting from the very institution of the presidency.

The article is an attempt to draw a brief historical comparison between censorship in interwar and in communist Romania respectively. Paradoxically, there are not too many genuine scientific studies on censorship, in a country well-known for its repressive approach against culture during its recent and not so recent history. The analysis uses the works of the novelist and historian of religions, Mircea Eliade, as an illustrative case study among other prior to 1989 examples, especially in order to prove the much harsher nature of the communist regime.

The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public & private interests meet (two parties cooperate for mutual benefit) is characterized by intertwining of general rules of obligation law & special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative & private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, & a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies & dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law/administrative law. Thus, the French legal order has best developed the rules of the public contractual law & the legal institute of the administrative contract that the Slovenian administrative theoreticians try more & more to introduce also into our legal order. References. Adapted from the source document.

Political behavior research starts from the assumption that democracy cannot function properly without citizens' political involvement. In general, studies of political activism aim to understand democratic processes, focusing on the nature of the relationship between citizens and public authorities. Despite a relatively large number of studies devoted to this research topic, many controversies remain regarding political participation in contemporary democracies. What is the optimal level of political engagement in a democracy and the consequences, how do citizens get involved in political processes, and what factors best explain the differences between participants and non-participants, respectively? These questions guide the study of the relationship between political participation and democracy in the present book.

This book, whose author spent half his professional life under communism, is the result of his longstanding interest in researching and above all understanding the causes that influenced the evolution of Romanian architecture within the conditions of a communist state, with direct reference to the architecture of Bucharest in particular. The book is aimed mainly at those who had little direct experience of the period from 1945 to 1989 or who were not practising architects at the time, and therefore it was regarded as opportune that the first part should be general in nature, focussing on the political transformation that took place within the practice of the profession, particularly in the early years of the regime, when the "single model" was imposed and the status of the architectural profession altered radically

A concise characterization of the political-administrative system of the Greek Republic with an emphasis on its decentralized nature & territorial division/composition. It begins with basic information about the state, including official name, government type, territorial units, total area, population, population density, capital city, EU membership, official language, & currency. The synopsis describes briefly: (1) the historical foundation & constitutional basis of the state, (2) the government structure: the division between the legislature (a unicameral parliament), the executive branch, & the judiciary; the composition, election/appointment, & functions/powers of each; the term, election, & powers of the president, (3) regional & local governments, (4) division into regions, departments, & communes, & (5) local government structure (regional council, general secretary of the region, municipal council, & the office of mayor). Adapted from the source document.

The article examines a few episodes during the 1866-1871 legislatures of the Romanian Parliament. The debate on the annual budget for 1867 represents a good opportunity for the members of the Parliament to define politics as a matter of opinion, with negative connotations, in opposition to the face-value and clearness represented by the mathematical percentages and figures. The latter ought to guide, in their opinion, good governance, which does not belong to the realm of politics. According to such a mental scheme, the members of both Chambers of the Parliament appear to be convinced that majoritarian politics and the fragmentation of the political parties must be utterly rejected in order to adequately realize representation. The difficulty of the Romanian members of the Parliament to define politics influences their difficulty to define their own role, namely the nature of political representation.

Abstract. The article addresses the question of the role of the state in the protection of human rights and freedoms. Like states, rights and freedoms are also created on the basis of social conventions, and any reference to the universal nature or natural character of rights and freedoms is only an ideological moment in the pursuit of political goals. The basic prerequisite for the protection of rights and freedoms is the establishment of organised coercion in the form of state power which brings under its authority the multitude of different interests and diverse ways of implementing justice. The conclusive findings show that for its successful introduction into the lives of individuals, the moral discourse of universal human rights and freedoms needs effective state authority that embeds these rights and freedoms into the foundations of the legitimacy of its own existence. Keywords: Constitutionalism, the state, human rights and freedoms, Leviathan, Thomas Hobbes

Agamben's paradoxical treatments of potentiality seem to leave little room for any robust theory of the subject, political or otherwise. His Aristotelian conception of potentiality entails, in the highest instance, "that potentiality constitutively is the potentiality not to (do or be)," which suggests that even if potential is realized, it is realized only by its lack of activity. Agamben's Aristotelianism is a thread that runs throughout his work, and by looking back to The Man Without Content, particularly his discussion of Marx, it is clear that the framework of potentiality means that it is impossible for him to see in Marx anything other than an odd combination of a "metaphysics of will", and man simply as a kind of natural, living being. This in turn shapes his later discussion in Homo Sacer of the entry of zoe into the polis, which founds Agamben's entire claim vis-a-vis bare life. His wager, namely that the question "In what way does the living being have language?" corresponds exactly to the question "In what way does bare life dwell in the polis?", equates the living being with its political, linguistic, and natural potentialities so completely that there seems to be no room for any kind of historically anomalous or collectively unprecedented subject, one that would break with history or disrupt everyday order. Agamben's work could easily be criticized from the standpoint of a Marxism that would stress the constructed nature of human potential and the necessity to think through forms of organization from within shifts in the nature of work. However, in order to stay closer to Agamben's Aristotelianism, it is far more productive to compare him to a thinker for whom questions of linguistic capacity and politics are also central, and also stem from a certain complex relation to naturalism, namely Paolo Virno. This paper will thus, via a careful reading of Agamben's Aristotelian conception of praxis and potentiality alongside Virno's work on the relation between language and labor, demonstrate the constitutive reasons why Agamben cannot consider any kind of substantial notion of the subject, and why Virno's more nuanced conception of capacity, which draws upon both rationalist and naturalist theories of the subject might constitute a more relevant alternative. Adapted from the source document.