2. Articole

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Author: search.filters.author.Erhan, IanușSubject: search.filters.subject.public order and security

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    Conceptul statului de drept în Uniunea Europeană
    (CEP USM, 2024) Erhan, Ianuș
    În poziția UE cu referință la negocierile de aderare ce vizează epublica Moldova este indicat că urmează să adopte integral acquis-ul UE și să asigure implementarea și aplicarea deplină a acestuia.Acesta încorporează metodologia revizuită de extindere, care prevede o atenție și mai puternică asupra reformelor fundamentale, iar ţara noastră va trebui să îmbrățișeze pe deplin și să continue să implementeze reformele în domeniile statului de drept. Pentru ca un stat să devină membru al UE urmează să realizeze o multitudine de condiționalități şi cerințe, dar una care este omniprezentă chiar de la început ca şi condiție sine-qua-non pentru a iniția discuțiile de aderare şi durează pe tot parcursul procesului de integrare, este anume garantarea „statului de drept”.Statul de drept în accepțiunea acquis-ului UE, dar şi cerințelor şi condiţionalităţilor solicitate, reprezintă unul din pilonii de bază pe care se vor baza negocierile de aderare, iar dedicația care va fi demonstrată, dar şi consecvența necesară va determina dacă deținem sau nu capacitatea necesară pentru a garanta statul de drept în înțelesul său unional. Astfel, statul de drept este una din valorile fundamentale ale UE care, chiar şi după accederea statului în cadrul Uniunii, este un deziderat necesar de realizat, asigurat şi garantat fără careva condiționări şi restricționări, în caz contrar statul membru poate fi responsabilizat prin mecanismele instituite prin TUE, dar şi la nivel decizional şi funcțional de către instituțiile UE.
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    Condiţiile de garantare şi asigurare a bunei guvernări în domeniul securităţii publice
    (CEP USM, 2024-11-07) Erhan, Ianuș
    Today, the need to ensure and guarantee public security becomes a priority that needs to be achieved without discussions and arguments in the sense of diminishing their impact and importance. The current systems and some states, even if they are considered democratic, do not reach the desired level of public safety, and the explanations are different, starting from the inability of the competent authorities to carry out their duties effectively and ending with the state’s inability to create viable and democratic systems. Regarding human rights and freedoms, they are partially respected, certain areas are exposed to corruption factors, and citizens do not feel safe. More than that, the fragility with which public security guarantee mechanisms are built make them vulnerable to both internal and external crises, and public security is not guaranteed at the expected level. Good governance, including the security sector, means applying certain principles in the exercise of power that ensure uniform and consistent application of public service standards based on democratic values. This is why the analysis of the field of public order and security through the prism of the principles of good governance has the role of determining what is the state of affairs within it, what are the existing problems and deficiencies, as well as possible ways to remedy them.
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    THE PROTECTION OF HUMAN RIGHTS IN THE PROCESS OF MAINTAINING AND ENSURING PUBLIC ORDER AND PUBLIC SECURITY
    (2022) Erhan, Ianuș
    Human rights are considered supreme values in any modern state with an advanced democratic regime, and their guarantee by the law enforcement forces implies both respect for them and protection.In turn, public order and security is ensured, through all the measures taken by law enforcement, to achieve, maintain and, ultimately, restore public order. The law enforcement forces represent the institutional framework of the system of public order and public security, respectively this is a determining factor in the process of protecting human rights, and from the analysis undertaken, we highlight two public authorities with competences in the field of public order and public security, namely the Police and the Inspectorate General of the Carabineers.Maintaining public order is the main mission of the Police carried out through specific activities carried out by the responsible subdivisions, and restoring public order is the main mission of the Inspectorate General of the Carabineers. As for ensuring public order, it is the secondary mission, both for the Police and for the Carabineers and it can be carried out independently or through mutual support.The approach based on human rights must be the basis of all the activities of maintaining and ensuring public order, which requires to be unconditionally respected at all levels of activity and by all employees of the mentioned authorities, being, at the same time, incorporated in the regulations that determine these processes.
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    DEZVOLTAREA DOMENIULUI ORDINII ŞI SECURITĂŢII PUBLICE PRIN PRISMA ANGAJAMENTELOR DE INTEGRARE EUROPEANĂ ALE REPUBLICII MOLDOVA
    (2022-05-16) Erhan, Ianuș
    The European Union is, first of all, a community of values open to European democratic states that wish to join it, and the EU enlargement policy accompanies and materializes this process. In this respect, the enlargement policy implies investment in peace, security, prosperity and therefore stability in Europe. In terms of public order and security, from an institutional and functional point of view, it is up to the Member States to choose their own models, but, when it comes to its impact on the common space of freedom and security, it is of Union interest. Similarly, those common risks or challenges to public order and security that exceed the territory of the Member States are in the focus and interest of the European institutions. The common space of freedom and security requires the responsible national authorities to have a proactive role in this regard, carrying out the activities and actions prescribed in the policy documents, as well as assuming the commitments determined within the broad European accession process of our country.
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    IMPACTUL DOCUMENTELOR DE POLITICI NAȚIONALE ÎN DOMENIUL ORDINII ȘI SECURITĂȚII PUBLICE ASUPRA PROTECȚIEI DREPTURILOR OMULUI, CARACTERISTICI DISTINCTIVE ȘI MECANISME DE IMPLEMENTARE
    (Tipografia Artpoligraf, 2020) Erhan, Ianuș
    The Republic of Moldova is making strong progress in promoting and protecting human rights, including through the ongoing process of bringing national legislation in accordance with international standards, but also through the development and promotion of major human rights policies. The Ministry of Internal Affairs is the central specialized body of public administration, which ensures the implementation of government policy in several areas of responsibility, including those aimed the public order and security, as well as ensuring respect for fundamental human rights and freedoms. At national level, several policy documents with reference to the human rights, as well as those in the field of public order and security contain prescriptions with an impact on them. Thus, in the last period it is stated the fact that most of adopted policy documents in the area of public order and security focus primarily on the protection and respect of human rights, for which reasons we have proposed a brief analysis of them, highlighting the most important features.
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    ASIGURAREA DREPTULUI LA LIBERTATEA ÎNTRUNIRII ÎN CONTEXTUL ORDINII ŞI SECURITĂȚI PUBLICE
    (CEP USM, 2021-12-08) Erhan, Ianuș
    The right to peaceful assembly to protest, manifest, celebrate, commemorate and pass collective opinions to authorities and other citizens is at the foundation of functional democratic systems. It is acknowledged that the state must guarantee and ensure the security of peaceful assembly and this aspect must be stipulated in its national legislation related to the freedom of assembly as well as the police powers and duties. In accordance with international provisions, practices and recommendations from specialized organizations, the main duty of the police consists in granting the right to as- sembly, assuring public order and security. Hence, an approach based on human rights must be at the foundation of all activities oriented towards maintaining public order du- ring meetings and demonstrations. In this respect, public authorities in charge, particularly the Police and the Gene- ral Carabineer Inspectorate, will ensure and guarantee the freedom of assembly of all citizens in line with national and international provisions. It is paramount to establish clear-cut procedures concerning the management of public events as well as of crises that might arise during such events. Hence, it is crucial that all factors involved, especially de- cision-making ones, are familiar with them and instruction is necessary and mandatory in this regard.
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    FUNDAMENTELE CONSTITUŢIONALE ALE DOMENIULUI ORDINII ŞI SECURITĂŢII PUBLICE
    (CEP USM, 2023) Erhan, Ianuș
    Public order includes all social relations conditioned by society’s needs and which correspond to general interests, regulated by social norms, in order to ensure the inviolability of the person, honor, dignity and other values protected by law. What is related to national public order is established by the state itself, which is sovereign as regards the regulation of social relations on its territory between citizens, between citizens and its authorities, between its authorities. At the level of national legislation, in most European countries, the constitutional act specifies that the exercise of rights and freedoms must not harm public order, the public interest or good morals. Ensuring public order is a social necessity, carried out through specific activities of special bodies – public order forces, which represent authorities holding powers and attributions in matters of public order and who, by law, are given tasks in the exercise of the state’s police right. Thus, public order is the notion, the term, the generalized state that is guaranteed, first of all, by the constitutional norms. In this sense, based on the fact that the Constitution is the fundamental law of the country, all the legal construction that determines the field of public order and security must be consistent with its provisions.