2. Articole
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Item PARTICULARITĂȚI ALE RĂSPUNDERII JURIDICE CIVILE A ALESULUI LOCAL(CEP USM, 2024) Bordian, MarianaIn this study, we aim to elucidate the particularities of the civil liability of the local elected, on the basis that if the state delegated to it certain major, essential and fundamental competences, it is necessary to determine the specific characteristics of the civil liability of the local elected. in relation to citizens’ consultation and the resolution of local issues of particular interest, the conditions for civil legal liability in case of non-compliance or violation of legal provisions were also to be clearly established. We have used quantitative and qualitative methods to analyze the conditions of civil liability in general and the civil liability of the local elected, in particular by studying the legal framework and judicial practice. The method of bibliographic research based on which we studied the doctrine of the institution of civil liability and the conditions of its occurrence for the local elected. In the result of the study, we concluded that the legal provisions regarding the liability of the local elected are not sufficiently clear, concrete and predictable, but one of the basic principles of a legal norm is predictability.Item RAPORTURILE DINTRE AUTORITĂȚILE ADMINISTRAȚIEI PUBLICE ȘI CULTELE RELIGIOASE(CEP USM, 2023) Bordian, Mariana; Dogotari, VioreliaReligious cults as non-commercial legal persons have equal rights and obligations and enter into certain relationships with central and local public administration authorities. Under the rule of law, the principle of the autonomy of religious cults is established and they are not subordinated to a particular public administration authority and have financial autonomy. However, this principle is materialised by the emergence of other relationships, such as collaborative relationships, fiscal relationships for certain objects, property relationships and electoral relationships. In order to ensure public order and protect the health of citizens, decisions may be taken or restrictions imposed on the activities of religious cults. On the other hand, religious cults can also intervene with addresses and expressions of opinion on the initiatives of the public administration authorities. The state must create the necessary conditions to support the activities of religious cults, granting some privileges and not financial resources as in the case of Belgium. The need to establish a clear vision of the responsibilities of central and local public authorities in the context of relations with religious cults is based on the guarantee of the right to conscience and the principle of autonomy of religious cults.Item IMPEDIMENTE DE INTERACȚIONARE PRIN E-COMUNICARE A ENTITĂȚILOR DE DREPT PRIVAT CU INSTITUȚIILE ADMINISTRAȚIEI PUBLICE(CEP USM, 2022-05-27) Bordian, MarianaThe achievement of economic goals by private law entities is in direct connection with the activity of public administration authorities. Thus, local and central government authorities are directly interested in creating facilities for the operation of private law entities and in removing any impediments, including communication, information and immediate release of permissive documents. In particular, changes in the ownership of immovable property by private law entities are made through various unnecessary and excessively bureaucratic stepsItem IMPACTUL INADVERTENȚELOR ASUPRA PROPORȚIEI DE ½ SAU DE 50%(CEP USM, 2020) Bordian, Mariana; Socolan, Petru