Suchergebnisse

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)

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The "family" could acquire different forms as compared to the "official" one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in "dangerous and shameful relationships". The peasant "forgot" to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside.
The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests' endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

The internationalization of national constitutions includes an eventual unification of constitutional rules deemed necessary to intensify international relations. So, in a broader way it is invoked the impact of international law and international relations on constitutional law. The result of the internationalization of national rights is a progressive harmonization of concepts and legal rules. In the current state of international law, constitutions' internationalization corresponds a concrete impact of international law on constitutional norms. The current trend of constitutions is to regulate in a more accurate and comprehensive way the relations between the state and international law. International law does not require any particular form of the conclusion of international treaties. In intensification of international relations, international conventions and integration of states in international organizations, the Parliament carries important consequences for both on normative function and the control function. Such legislative activity is guided by international treaties concluded by the state. While the executive and the legislative are involved in the development of international law, the jurisdictional power intervenes to reconcile domestic and international legal norms. States do not devote supremacy of international law over their constitution. Because international treaties to be part of the national legal order is not enough that the procedure for concluding treaties to be respected. It is also necessary that treaties do not contravene fundamental state constitutional principles of human rights and the relationship between public authorities. The control of international treaties' constitutionality can be mandatory or optional. In the process of ratification of the treaty on EU European constitutional courts tend to create a similar design to establish the limits of European integration. In reality, the issue of constitutionality of international treaties control is a political issue and it is difficult to apply legal principles purely political matters. There are three categories of states in the aspect of national courts on constitutional regularity control concluding treaties.

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

Divorce is, irrespective of the perspective of approaching the phenomenon from the point of view of the society typology, a form of social deviance that has as effect the dilution of family image and norms. We do not discuss here of a dilution of the traditional norms concerning family, as someone might misunderstand, it is an erosion of the idea of family in general. "Family" starts to have other forms than the "official" ones. Divorce is the last step in the process of erosion and dissolution of the central axis of the family – the marital couple. Despite the fact that we have considered the divorce as the last step in this process of dissolution, we have to admit the fact that, after the divorce, considering that the old couple had children, the existence of the family does not cease, it just takes a new form.
The research of the archives, preserved due to the parish notes (often duplicates), provides the opportunity of identifying the main issues at a certain epoch in the Romanian rural world concerning divorce and the act of divorcing. Our research is structured in two directions: 1. a broad one, through which we will make a quantitative analysis of the size of the phenomenon in the counties of Bihor and Satmar (by observing the particularities in the county seats) – in this way, we will try to calculate the divorce gross rate (by calculating the number of divorces at one thousand inhabitants); 2. the other direction, through a case study on the Greek-Catholic parishes of the diocese of Oradea, will pursue a rather qualitative analysis without ignoring the quantitative aspect. The choice of the Greek-Catholic parishes was made for several reasons: the first is the quality of the materials preserved; the second is the fact that the confession, unlike the Roman-Catholic one for instance, accepts the divorce, thus providing the opportunity of bringing to light the separations undoubtedly existing in the Catholic environment; the third is that we think that, by its position as compared to the two Churches (Catholic and Orthodox), the Uniate Church provides an image that is closer to the reality as shown on the level of the whole population in the region.

Europa steht an einem historischen Wendepunkt. Die Krise ist vielschichtig geworden und manch einer läutet dem Gesamtprojekt »Europa« schon die Totenglocke. Was würden Sie vermissen, wenn es Europa nicht mehr gäbe? Europäerinnen und Europäer aus acht Ländern haben sich in einem gemeinsamen Projekt diese Frage gestellt. Frauen und Männer aus der Arbeitswelt, aus Unternehmen und Gewerkschaften, der Wissenschaft und aus der Bildung haben wichtige europäische Fragen vor ihrem jeweiligen persönlichen und kulturellen Hintergrund ausführlich diskutiert. All diese gemeinsam handelnden Menschen sind Europa, und sie sind sich viel näher und haben viel mehr gemeinsam, als manche Apologeten des Untergangs zu wissen scheinen. Diese zwischenmenschlichen Begegnungen und Gespräche machen Europa auf eine ganz andere Weise erfahrbar als Berichte aus Brüssel. Deshalb umfasst das Buch alle vier Texte der Autoren in insgesamt sieben Sprachen, die man nicht alle verstehen muss, aber vergleichen und einander gegenüberstellen kann. Die Menschen Europas haben mühsam eine gemeinsame Kultur- und Sozialgeschichte erworben – Sie haben Europa längst geschaffen. Das Buch"stellt, alles in allem, eine anregende und bereichernde Lektüre dar, die zugrundeliegende Idee ist überzeugend, das Buch ansprechend gestaltet. Die Autoren erheben ihre Stimmen, sprechen Beobachtungen und Warnungen aus, und zeigen aktuelle sowie historische Kontexte auf. Angesichts der prekären Lage Europas, der rapiden politischen Veränderungen und Entwicklungen erscheint das Buch jedoch an manchen Stellen in Gestus und Nomenklatur recht antiquiert. Wie funktionabel und tragfähig beispielsweise sind die zitierten Konzepte von Utopie und Bildung? Kann politische Bildung tatsächlich noch ihre Kraft und Legitimation aus Begriffen und ideellen Gehalten der Kritischen Theorie beziehen? Welchen aktuellen Status haben Termini wie "sozialer Kampf" und "Gleichheit"? Wie kann sich die Herstellung von Würde als Norm konkret gestalten? Wo und in welcher Weise zeigt sich die als Richtschnur imaginierte Würde realiter? Wie ist es um einen Begriff wie Identität bestellt – im persönlichen wie im kollektiven Zusammenhang?" (literaturkritik.de)

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).