2. Articole

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Author: search.filters.author.Cîrnaţ, TeodorHas files: Yes

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    DREPTUL ACHIZIŢIEI PUBLICE CA INSTITUŢIE SAU CA SUB-RAMURĂ A DREPTULUI ADMINISTRATIV
    (2023) Postolachi, Oxana; Cîrnaţ, Teodor
    The public procurement mechanism ensures the transparent and fair procurement of goods, the execution of some works or the provision of services for public needs either at the central or local level. Obtaining an efficient and credible public procurement system is one of the important elements in the development of quality public services. State regulation of the field of procure- ment involves the activity of competent public authorities, in executive terms, regarding the rules, standards and requirements according to which public procurement procedures are carried out. As the main competent authority in the field of public procurement, there is the Public Procure- ment Agency (AAP), which is an administrative authority subordinate to the Ministry of Finance, established for the purpose of supervision, ex-post control and interbranch coordination in the field of public procurement. Public procurement law is subordinated to administrative law. Our research involves framing public procurement law as an institution or as a sub-branch of administrative law, depending on its evolution over time.
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    ACCESUL LIBER LA JUSTIȚIE ÎN REPUBLICA MOLDOVA: PRINCIPIU FUNDAMENTAL ABSOLUT, APLICABIL DREPTURILOR ȘI LIBERTĂȚILOR CONSTITUȚIONALE
    (CEP USM, 2020) Cîrnaţ, Teodor; Panchiv, Olesea
    Free access to justice in the Republic of Moldova is a fundamental prin- ciple applicable to the constitutional rights and freedoms. It is an absolute principle, whi- ch means that it cannot be limited by the state. Free access to justice must be guaranteed to all the people, in an equal, impartial and non-discriminatory way, regardless of their quality (citizen, foreigner or stateless person), race, nationality, religion, political affilation, sex, wealth etc. A genuine rule of law necessarily implies the possibility of every person to defend his rights, freedoms and legitimate interests provided by the Constitution and the national law in force. This supreme purpose of the state is achievable due to this absolute fundamental principle – free access to both common law and constitutional justice.
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    CONSTITUȚIONALIZAREA PRINCIPIULUI LOIALITĂȚII CONSTITUȚIONALE
    (CEP USM, 2022-03-17) Săftoiu, Mihaela; Cîrnaţ, Teodor
    The principle of constitutional loyalty is of interest both nationally and internationally, since loyalty to the values, rules and principles set out in the Constitution must be, both in theory and in practice, a very solid connectivity element in the relations between the various public authorities. In Romania, the principle of constitutional loyalty is not expressly mentioned in the Constitution. The Constitutional Court of Romania has deductively interpreted the obligation of constitutional loyalty from a principle expressly provided for in the Fundamental Law – the separation and balance of powers in the state. Nor does the Constitution of the Republic of Moldova contain express provisions of this principle. Its treatment brings into question the existence of the “constitutionality bloc” in the Republic of Moldova.
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    GARANȚIILE CONSTITUȚIONALE ALE DREPTULUI DE PROPRIETATE
    (CEP USM, 2020) Ungureanu, Andrei; Cîrnaţ, Teodor
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    INFLUENȚA PREVEDERILOR CEDO ASUPRA APLICĂRII MĂSURILOR PREVENTIVE
    (CEP USM, 2020) Cîrnaţ, Teodor; Tintiuc, Ion
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    PROTEJAREA DREPTULUI LA EDUCAȚIE PRIN PRISMA LEGISLAȚIEI REPUBLICII MOLDOVA ȘI A JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI
    (Artpoligraf, 2020) Cîrnaţ, Teodor; Polisca, Cezara-Elena
    The right to education is one of the fundamental human rights, enjoying today a universal recognition, both in international and regional conventions, as well as in the constitutions of modern states. The proof to this serves the fact that the most widespread provision is the right to education, which is contained in the constitutions of 43 Council of Europe Member States [1, §85]. The fundamental nature of this right stems also from its inherent connection to human dignity [2, p.127]. Despite the fact it does not have a long history as a fundamental material right in the Republic of Moldova, the concern for education, as we can easily see, was incorporated at constitutional level in 1994, by adopting the Moldovan Constitution. We tend to believe that the Protocol no. 1 to the European Convention on Human Rights has served as an impetus to this.
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    ANALIZA JURISPRUDENȚEI CEDO CU PRIVIRE LA ÎNCĂLCAREA DREPTULUI LA VIAȚĂ DE CĂTRE REPUBLICA MOLDOVA
    (Artpoligraf, 2020) Pavlovschi, Stanislav; Cîrnaţ, Teodor
    In the contemporary era, great steps were taken towards the development of the principles and standards in the field of the protection of human rights. Human life has thus obtained a central position within treaties, among which, the European Convention on Human Rights. The Republic of Moldova, following its membership to the Council of Europe and its ratification of the Convention, has committed to respect all the rights guaranteed by the latter, including the right to life.However, over the years, the state has failed to exercise its obligation fully, as the European Court of Human Rights has found violations which resulted in Moldova’s conviction. The article aims to analyze the cases lost by Moldova,which are relevant to the topic, as well as the position of the Supreme Court of Justice and the Constitutional Court on the matter.