Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Balaban, MihaiSubject: search.filters.subject.head of state

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    RĂSPUNDEREA ȘI ROLUL ȘEFULUI DE STAT ÎN CADRUL SISTEMULUI CONSTITUȚIONAL MODERN
    (CEP USM, 2023) Balaban, Mihai
    Historically, the institution of the „head of state” was imposed due to the necessity of the existence of a “national arbiter” vested with the competence to ensure both national unity and the proper functioning of state institutions. In this position, any head of state has a well-defined legal status, he has rights and obligations, but at the same time he bears responsibility for his actions in the exercise of his mandate. In this paper we will focus specifically on the role and legitimacy of the responsibility of the head of state, especially the President of the Republic of Moldova.
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    ASPECTE COMPARATIVE PRIVIND SUSPENDAREA ŞI ÎNCETAREA MANDATULUI PREŞEDINTELUI ÎN REPUBLICA MOLDOVA ŞI ALTE STATE
    (CEP USM, 2021-12-08) Balaban, Mihai
    This article aims to highlight the mechanisms for avoiding constitutional bottle- necks, in particular if the head of state refuses to fulfill his constitutional duties. Thus, the political will of the heads of state cannot be a source of institutional deadlock. To remove constitutional bottlenecks Both the Parliament and the Prime Minister are to use the in- struments expressly established by the provisions of the Basic Law, in particular the sus- pension of the Head of State and the establishment of an interim function. Therefore, the application of government reshuffles is a solution to eliminate institutional bottlenecks, given that there are currently no alternative mechanisms to overcome a possible institu- tional deadlock.
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    REFLECȚII CONCEPTUALE PRIVIND RĂSPUNDEREA ȘEFULUI DE STAT: FORMELE RĂSPUNDERII
    (CEP USM, 2023) Balaban, Mihai
    The institution of the head of state, in the constitutional systems, exists regardless of the appointment that carries it and differs from one state to another considering the traditions and particularities, the attributions, as well as the responsibility. At the same time, by virtue of the fact that the state assumed, through the Constitution, important obligations towards society and the individual, it is necessary and inevitable to answer for honoring them through its institutions, especially through the institution of the head of state. Thus, regarding the reasons for the responsibility of the head of state, the doctrine identifies as those circumstances or circumstances in the presence of which the responsibility arises according to the constitutional norms.
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    ASPECTE COMPARATIVE PRIVIND SUSPENDAREA ŞI ÎNCETAREA MANDATULUI PREŞEDINTELUI ÎN REPUBLICA MOLDOVA ŞI ÎN ALTE STATE
    (CEP USM, 2021) Balaban, Mihai
    This article aims to identify the mechanism of suspension and the assessment of the institution of termination of the head of state, in relation to other states, to substantiate the necessary support for establishing a standardized model of good governance, based on respect for the principle of separation of powers. compliance with constitutional provisions. The main objective is the analysis and scientific knowledge on the institution of suspension and termination of the head of state in other states, in order to identify and propose methods to improve these mechanisms in the regulatory framework of the Republic of Moldova.