Suchergebnisse

The aim of this paper is to analyze the Romanian studies, in postcommunism and inter-war period, upon Montesquieu, more specifically upon his writting, De l'esprit des lois. In order to understand and to create a Romanian tradition of liberalism, one needs to begin from its origins. Montesquieu created a new language, different from that of his predecessors, a moderate one. He used the philosophic reason as an instrument of inquiry. It is said that one cannot understand a philosopher unless one thinks in his terms. Do the Romanian studies upon Montesquieu use this instrument, the philosophic reason? If they used it, they would be able to clarify Montesquieu's writtings and to understand the moderate language of liberalism. It is from this perspective that this paper will analyze the Romanian studies, out of which only two are academic.

The article offers a brief overview of the administrative-territorial organization and reorganization in the former county of Arad. Old medieval boundaries have known significant changes after the installation of Habsburg rule. Political, social and military reasons determined the imperial authorities to make several reorganizations of the area. Institutions were designed to ensure proper functioning of the county, but also contributed to the upgrade of the administrative structures on the Enlightenment spirit.

In Romania, as wel as in all Member States, the judicial cooperation in criminal matters regarding the execution of the european arrest warrant and the surrender of the sought persons in the context of the COVID-19 pandemic was affected and was assesed on a case-by-case basis. Generally, the non compliance with the surrender deadlines or the postponing of the surrender based on serious humanitarian reasons lead to the release of the sought persons without taking alternative measures in order to prevent absconding, giving the fact that there are no national legal basis to take such measures in this type of situations.

By examining some of the letters Romanian volunteers in the International Brigades sent home during the Spanish Civil War, this article explores their authors' experience of the front-line hardships and of the challenges associated with the military life-style. The paper first provides a concise historical account of the Spanish Civil War, with a focus on the emergence of the international military groups, consisting of foreign combatants. It subsequently investigates the reasons that determined the Romanian volunteers to leave their country to fight in Spain, by examining their motivation in the intricate political and social context of interwar Romania. Finally, the article deals with the negative outcomes these letters had for their recipients, translated into the permanent harassment their families and close ones suffered because of this correspondence.

During the first half of the 19th century, social public care was organized along two directions: commitment of professional beggars, without a family, in specialized institutions, and home assistance of beggars with families (by a monthly pension and by an annual change of clothes). The article relies on archive documents, such as potential beneficiaries' help requests, administrative documents issued by the authorities, lists of help beneficiaries, inquiries, etc. It presents aspects related to the practical functioning of the social assistance: types of beneficiaries, pension distribution procedures, abuses and frauds. The legal limitations of the administrative rigidity of the pension system were strictly defined, even before the assessment of the real needs in society. This is the reason the efficiency of the pension system was lower than expected both by the authorities and the beneficiaries.

The development of international online commerce has led to the shift of disputes arising mainly from electronic contracts in the online environment (Online Dispute Resolution, ODR).International commercial arbitration could not be an exception to this development.The digital foreign arbitral award rendered following an online arbitration (e-arbitration) may be enforced in case of voluntary non-enforcement on the territory of a foreign state, following the recognition and enforcement procedure. One of the reasons that the party opposed to the digital arbitral award may invoke to block this procedure is the lack of formal validity of the arbitration agreement concluded by electronic means. This article aims to examine the regulatory framework within which a state court will examine the formal validity of the digital arbitration agreement and the extent to which this ground for refusal of recognition can be found to be well-founded.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

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.

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 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.

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.

Any reflection on the relationship between religion and politics in the Catholic thought cannot do without reminding the Augustinian distinction between the civitas Dei and civitas terrena. The goal and foundation of any just political community should be the orientation to wards the common good. In the contemporary catholic thought, Johann Baptist Metz proposes a political theology revolving around the concepts of the value of the human person, the necessary refusal, on the part of the Church, of any mundane ideology and the necessary use of the socially critical potential of theological thought. Hans Küng criticizes any politicization of theology. He insists on the development of an internal pluralism within the Church and advocates a self-limitation of the magisterial intervention in the world in the name of a necessary "eschato logical reserve". Joseph Ratzinger/Pope Benedict the XVIth , invested with the magisterial authority, relies heavily on official documents of the Catholic social doctrine. He emphasizes the necessity of founding the state on the central value of justice and its acting according to the principle of subsidiarity. In this context, the Christian faith and the Church in particular may have a pedagogical role, as it may guide reason to follow the right priorities. All three thinkers agree on the public significance of the Christian vision of society and on the fact that it may help society both by its critical and by its constructive dimension.

In this study, we analyse the manner of developing a particular system of coordination of European affairs at national level, as well as its efficiency, the aim being to provide suggestions for improving it. The introductory section highlights the need for such a study, given the current political and institutional context of Romania, and it states the objectives of the study. Special attention is given to presenting the theoretical approach (expressing, on the one hand, the authors' vision that European affairs - distinctly from foreign affairs - are part of the complex governance process specific for the European Union (EU) and, on the other hand, operationalizing the idea of efficiency within a national system for coordinating European affairs, etc.) and the research methodology (reasons for choosing a comparative research design to support the presented arguments, as well as the qualitative research performed). In the first part, the paper also provides information on the legislative and institutional configuration of the EU, following the entry into force of the Lisbon Treaty, because the novelties and reforms brought by this regulatory framework (supperior to the one of the Nice Treaty, but inferior to the proposals stipulated within the Constitutional Treaty) have a direct impact on designing the structure for coordinating European affairs in the Member States. Given that in Romania the European affairs coordination system was initially inspired by the French model, while later suffering a series of institutional changes (some inspired by models from other EU states), an important part of the study addresses the need to know, from a comparative perspective, the best practices in European affairs coordination and cooperation mechanisms in other EU Member States. [.]