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.

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.

This article is a case study of the Romanian Artists' Union during the Thaw as an institution potentially capable of renewal by creatively applying the rules imposed in the totalitarian communist State. The methodology used is that of archival research through the use of the concepts of Repressive State Apparatus, Ideological State Apparatus (Althusser), dispositif (Foucault), and habitus (Bourdieu). The text shows that from 1953 until 1957, in the context of similar changes in the Soviet Union, the Union of Romanian Fine Artists underwent a gradual transformation, which culminated with the change of the Management Board and a professionalization on specific criteria of the structure. The characteristics of the modern foucauldian dispositif, that the Union acquired in the period of the Thaw, remained valid in the next period, of reideologisation (1958-1963). The conclusions are that even in conditions of totalitarianism, subjects and structures can introduce creative elements into the process of reproduction of a given order, by modifying this order.

The article questions, in a sceptical and prospective way, the institutional outcomes of this major trans-national trend of administrative reformism known as "New Public Management". In our view, the main cross-border legacy of the process of acclimatizing NPM precepts and recipes to various national configurations consists essentially in institutional rearrangements and in a repertoire of managerial tools and recipes, embedded into different institutional orders and hybridized with many other key features of various administrative cultures. Backing up major administrative reforms started several decades ago, the NPM rhetoric claimed to furnish the universal cure for the "bureaucratic" disease which was supposedly affecting the developed states at the end of the 1970s. From then on and although it never acquired the inner coherence of a real doctrine, it spread all over the world at the point of becoming both a "policy paradigm" and a "praxeologic". However, once implemented and in order to endure, the NPM-inspired logics, instruments and methods have fatally begun to suffer a process of routinisation which transformed them significantly. Hence, far from achieving their initial goal of "de-bureaucratizing" the state, NPM reformism became part of the endless processes of bureaucratic reproduction inescapably affecting modern states and ensuring their resilience.

The European Union is a rather new player in international relations. The European Union is neither a state nor international organization. With the accession to the European Union, the states transfer some attributes of sovereignty and, thus, the governing is done by the European Union mostly, taking part in its relations with third countries. At the same time, it contains some elements of the union (confederation, federation). Therefore, the European Union is more than an international organization. We find elements of the federation, confederation without being identified as such, being established on a system of organization. The European Union aims for integration of societies within a single economic, social, political, legal area. The European Union acts as a proper system based on an idea of creating strong Union bonds between the people of Europe, by establishing an internal market, an economical Union. The European Union, in its relations with the member states, keeps the ultimate goal that it has, being an international legal person, special competences, realizing common goals established with the member states. The legal basis of the European Union is represented by two treaties: the Treaty on European Union and the Treaty on the Functioning of the European Union. The well-known Lisbon Treaty represents legally an amending treaty of the previous legal instruments - a compromise between the need for reform, on the one hand, and the need to live in a united Europe, on the other hand. The member states of the EU relate to two legal systems. As a result of their participation in an international organization with supranational character, Member States of the European Union assume a number of commitments with repercussions to their state sovereignty. The Member States coexist with the European Union. The European Union has become, along with its Member States, a matter of international law; even if it shows itself as a conglomerate of states - international organization; it is a union of states established by state attributes, an entity more complex and powerful, with a higher importance with its relations with the Member States, but also with an increased influence on international arena.

The theoretical and pragmatic potential of the constitutional regulations and the comparative analysis of the peculiarities related to the normative fixing and the ways of implementing the local public power in the CIS countries, which have a common historical past and similar trends on building national sovereign states, can serve as a confirmation of the institutionalization and the need for a specific form of public power called local power in a democratic society. The rationale for recognizing the local autonomy in the constitutions of the states is determined by the following circumstance, namely, the recognition of the local autonomy principle in the fundamental law of the states constitutes a guarantee that it will be developed and deepened into the national law. Without such a constitutional basis, the local autonomy cannot be successful. From this perspective, it is important to conduct a comparative study of the constitutional texts of the states because the national legislative systems governing this phenomenon are designed under the constitutional provisions. The modalities of placing the local power in the supreme laws differ from state to state. The comparative study of the constitutional texts was carried out based on the following criteria: a) the inclusion and ensuring the local autonomy in the constitutional text; b) the interpretation of the concept of local autonomy in the constitutional text; and c) the approach and recognition of local autonomy.

The treaties and the regulations of the Council of Europe offered greater protection to minors against the attacks on their lives and health. However, the effective implementation of this is carried out through national criminal laws. In the European countries, the criminal laws set certain infringements against the minor's life and health including aggravating offenses, which are committed by a certain person against minors. Some of them are similar, others, though, differ from one state to another, which consequently requires their unification to ensure a minimum of protection.

The key issue examined in the article is to elucidate the impact of the cooperation between local and state authorities in terms of the efficient functioning of public power in the state. There are presented arguments in favour of the cooperation of the two forms of the public power, as well as the necessary conditions for this. There were highlighted the principles of the effective cooperation between the local and state authorities. It was insisted that any administrative control of the local authorities' activity should only take into account the respect of legality and constitutional principles. In conclusion, it is mentioned that the state power cooperating with the local one contributes to ensuring the integrity and unity of the state, thus facilitating the integration of the interests of the society and state.

In the article the author tackles a contemporary issue that is important for institutional strengthening of the Republic of Moldova. Developing a mechanism for efficient interaction of institutions of state power with political parties, ruling ones and in opposition, with the groups of interests, especially those institutional and associative, represents a strategic objective for the Republic of Moldova. Assessing institutions with "rules of the game", the contemporary political science updates the significance of the Constitution for organisation and good unfolding of the political process, for ensuring stability and at the same time dynamism of the socio-political system. The conclusions of the investigation of complex issues like dynamic political processes, functionality of political institutions in conditions of instability / political crisis, contain an educational, instructive message, important for the political actors of the Moldovan society.

The article takes issue with the deeply entrenched historical conception about the shaping of social policies in pre-communist Romania, which indicates socialist politics and socialist-enlisted worker trade-unionism as the only significant agents of change, also depicting the non-socialist political forces of the time as participating to the process by merely employing the strategy of stern resistance and piecemeal concessions. The alternative view offered stresses the pivotal roles performed in the context by the ideological trend of socially-minded liberalism, by the movements of professional representation with petty entrepreneurial and white-collar constituencies and by the corporatist design for the representation of professional interests. The successive stages of the inquiry leading to the formulation of such interpretative theses - and inaugurated as a research on the relation between fascist modernism and the corporatist vision of rapid economic growth under an authoritarian political cover in the local milieu - are disclosed all throughout.

The implementation of the principles of local democracy has proven to be one of the most complicated tasks of the political and administrative reform in the Republic of Moldova. To overcome this situation, it is important to develop and substantiate theoretically such concepts as "local power", "the subject of local power", "local territorial collectivity". A clear scientific definition of those notions would serve as a foundation for developing an appropriate legal framework and public policy in the field. In order to elucidate the notions mentioned above, the existing essential approaches in the contemporary social sciences regarding the public territorial collectivities have been analyzed. The factors affecting the formation and existence of the local territorial collectivities have also been emphasized. Two types of authorities: private and public have been briefly considered. This paper analyzes the concept of "local authority" in contrast to the term "territorial administrative unit" with which the legislator operates in the Republic of Moldova. It was concluded that the concept "local collectivity" is more acceptable because it is the appropriate expression of the phenomenon of the territorial organization of public power in general, as opposed to the concept "administrative unit" which refers only to the territorial organization of state public power. So, from this point of view, the territorial administrative units and the local territorial collectivities are two different phenomena. In a strictly legal sense, the territorial-administrative unit is an inhabited territory which has no heritage (in the territory there is the state property or another kind of heritage) and it is administered by an official appointed by the state. The local collectivity has its own heritage that is managed on its own account and in order to solve local problems. The issues belonging to state power can be delegated to local authorities by sending financial and material resources needed to achieve them. A territorial community of the residents becomes local authority if it possesses and uses democratic institutions, creates bodies of self administration on the basis of the elective principle, takes binding decisions for the community, and has its own financial and material resources in order to regulate the internal life. These indicators make public territorial collectivities to be different from the territorial administrative units, in which only administrative methods of management are used. The defining elements of the identity of a local collectivity, such as: a) name, b) territory, c) population, d) the public authority of the eligible authorities, e) the Statute, f) the distinctive insignia of the local collectivity, have been identified. These elements make the local territorial collectivity to be distinguished from other similar collectivities.