2. Articole

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Start date: 2020Subject: search.filters.subject.constitutional law

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    Классификация форм автономий в конституционном праве: анализ подходов и критериев [Articol]
    (Editura USM, 2025) Костромицкий, Анатолий
    This article analyzes approaches to the classification of autonomies in constitutional law. Various criteria are considered, including the scope of powers, forms of normative status and the degree of financial independence. The main attention is paid to the division into political and administrative autonomies. Political autonomies have legislative powers and elements of statehood, while administrative autonomies have limited rights in the sphere of local self-government. It is noted that a clear distinction between these types is often difficult due to the presence of transitional forms. The author proposes a more flexible classification system based on the degree of independence in the legislative, executive, financial and judicial spheres. This approach allows to consider the diversity of forms of autonomies and avoid ambiguity in determining their status. The article emphasizes the importance of a comprehensive analysis of various aspects of autonomy to understand its role in the modern state structure.
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    Impactul exercitării dreptului la întruniri asupra bunăstării şi securităţii societăţii
    (CEP USM, 2024-09-20) Roşu, Cristian-Marius
    The right to assembly is a fundamental freedom, a democratic constitutional form of dialogue between society and the authorities, but sometimes the right to assembly can be manipulated by political actors. The role of the state is to increase collective awareness of the decision-making power of the right to assembly. An important outcome of the meetings on the topic of violence against women led to the criminalization of the notion of femicide. The right to assembly allowed women to be heard and to obtain full civil and social rights, equality in social and political rights with men, especially gender security.
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    Constituționalizarea dreptului fundamental la un mediu sănătos – condiție sine-qua-non a societății ecologic inoffensive [Articol]
    (CEP USM, 2020) Guceac, Ion
    The actuality of the present research is determined by an essential requirement for new knowledge, which, for the moment, does not have a generally recognized interpretation in doctrine and university legal education, does not have a scientifically argued content and a well-defined place in the structure of the university course Constitutional Law. One such example is the notion of a “harmless ecological society” whose importance is also argued by climate change, considered to be “a real crisis”.Starting from the fact that establishing and guaranteeing this objective is possible only through legal means, a comparative analysis of the constitutions of several states is presented. As a result of this exercise, it was found that the texts of the constitutions of the states of the world, irrespective of the established political regime, are trying to comply with the exigencies of the time, establishing certain significant provisions regarding the environment.The study emphasizes the fact that one of the indispensable conditions for the creation of the ecologically harmless society remains the increasingly deep constitutionalization of the fundamental right to a healthy environment. Such an outlook offered to this fundamental right will contribute to the amplification of the constitutional matter, ensuring the long-term rendering of this notion.The constitutionalization of the right to a healthy environment will involve the mandatory reporting of environmental policies, ecological legislation and the practice of applying the right to the content of the constitutional norm.