Facultatea de Drept / Faculty of Law
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Item RĂSPUNDEREA CONSTITUȚIONALĂ A ȘEFULUI STATULUI(CEP USM, 2024) Balaban, MihaiThe head of state occupies an important place in the mechanism of interaction between branches of power, and contributes to ensuring the functioning of state authorities. At the same time, the responsibility of the head of state intervenes in case of violation of the constitutional provisions in the matter. Thus, the forms of responsibility of the head of state in the Republic of Moldova and their grounds are provided by the Constitution. The Constitution of the Republic of Moldova provides for two mechanisms of liability of the President of the Republic, namely: legal liability (criminal) and political liability (constitutional).Item ASPECTE COMPARATIVE PRIVIND SUSPENDAREA ŞI ÎNCETAREA MANDATULUI PREŞEDINTELUI ÎN REPUBLICA MOLDOVA ŞI ALTE STATE(CEP USM, 2021-12-08) Balaban, MihaiThis 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.Item ASPECTE COMPARATIVE PRIVIND SUSPENDAREA ŞI ÎNCETAREA MANDATULUI PREŞEDINTELUI ÎN REPUBLICA MOLDOVA ŞI ÎN ALTE STATE(CEP USM, 2021) Balaban, MihaiThis 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.