Facultatea de Drept / Faculty of Law
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Item APARIŢIA, DEZVOLTAREA ŞI DEFINIREA CONSTITUŢIONALISMULUI CONTEMPORAN DIN REPUBLICA MOLDOVA(2007) Cârnaț, TeodorThe notion of constitutionalism represents an exertion of the acts of all state and non-state institutions according to basic human rights within the conditions of equality in rights, legal security, effective protection of rights, and separation of state powers and exclusion of all forms of discrimination. Therefore, the main gaps of contemporary constitutionalism of Republic of Moldova seem to be the poor training of legal conscience, the important difference between legal constitutional theory and practice of realization of constitutional ideas in legal norms. At the same time, constitutionalism is a social phenomenon in continuous evolution, which should be studied according to specific features of historical evolution of each nation. The present stage of the constitutionalism in Republic of Moldova has begun with the adoption of some acts of historical importance on sovereignty, independence, power and, not in the least, the Constitution of Republic of Moldova of the 29th of July 1994.Item EGALITATEA ÎN DREPTURI – CONDIŢIE PRIMORDIALĂ A STATULUI DE DREPT ÎN GARANTAREA NONDISCRIMINĂRII(2007) Cârnaț, Teodor; Cobăneanu, SergiuEquality as constitutional principle is when people can equally use all the rights stipulated in the Constitution and other in force laws, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, everyone can equally participate in political, economic, social and cultural life, without discriminations, equally treated by all the public authorities and citizens. The principle of equality requires for equal situations to be applied an equal legal treatment, same as, implies the right to differentiation in legal treatment, because once the equality is not natural, imposing an equal treatment would lead to discrimination. In other words, to equal situations should correspond an equal legal treatment and to different situations – the treatment should be different.Item NATURA JURIDICĂ A RAPORTULUI DE SERVICIU APLICABIL FUNCŢIONARILOR PUBLICI DIN ROMÂNIA(2008) Cârnaț, Teodor; Viorescu, RăzvanThe Law No. 251/2006 (and the related secondary legislation) amending the Law No. 188/1999 represents an important stage within the legislative development in the field of civil service and civil servants. The legal framework had also been improved through adoption of the Law no. 161/2003 on certain measures for ensuring transparency within the exercise of civil service positions, public dignities and the business environment, prevention and sanctioning of corruption. The distribution of civil servants between central and local levels of administration has been changed.. The Law No.251 of 23 June 2006 to amend the Law No.188/1999 as to the Status of the civil servants. Extensively amends the said Law No.188/1999 that is going to be republished with up to date modifications and having its articles renumbered. The amendments deal with the scope of action of the amended law, with the definition of the public function and of the public servant, with the classification of public functions, with the appointment of the public servants and with the conditions to be met by candidates to the public functions, with the assessment of the individual professional performance, with the right of the public servants to affiliate with trade unions and with their right to strike, with the continuous improvement of their professional performance, with their promotion, with their legal responsibility, with the disciplinary action against them, with the ceasing of the work relation and with several other provisions specific to the matter.Item ASPECTE TEORETICE ŞI PRACTICE ALE PROTEJĂRII DREPTURILOR OMULUI ŞI ELIMINAREA DISCRIMINĂRII PRIN INTERMEDIUL ORGANIZAŢIILOR OBŞTEŞTI(2008) Cârnaț, Teodor; Guceac, IonIn the Republic of Moldova there is a discrepancy between the provisions concerning human rights and their realization in practice. These problems come up because of the economic instability, corruption, lack of legal culture, moral degradation, things which lead to appearance of discrimination on different criteria. Human rights respect and exclusion of discrimination depends on correct application by the state, institutions, organizations and citizens the legal provision referring to human rights, same as good functioning of national and international bodies which activate in order to guarantee and protect human rights.Item PROTECŢIA ÎMPOTRIVA DISCRIMINĂRII ÎN PROCESUL REALIZĂRII DREPTULUI LA MUNCĂ(2008) Cârnaț, Teodor; Guceac, IonWithin the definition of the right to work there are included: freedom of choice of occupation, freedom of choice of employment (meaning the possibility of the citizen to carry out a freely chosen or accepted job in the economic, administrative, legal, social or cultural fields according to its education – an opportunity guaranteed by the State); work remuneration; unemployment aid; safety and hygiene working conditions. Thus, the right to work encompasses the right to protection, safety and hygiene of work, involving the life and health insurance of the worker during the service performance, accident prevention, and professional decays, taking special measures for women and youth protection and security.Item PROTECŢIA ÎMPOTRIVA DISCRIMINĂRII ÎN PROCESUL REALIZĂRII DREPTULUI LA ÎNVĂŢĂTURĂ(2008) Cârnaț, Teodor; Guceac, IonThe right to education includes the guarantee of: primary compulsory education; a free and accessible education to all; general secondary education accessible and free to all; higher education accessible to all, in full equality; material needs for carrying out a modern and efficient education process (competent teachers, laboratories, libraries, educational materials, etc.). All these imply correlative and firm obligations of the State for the development of all the levels of education, in order to ensure an appropriate system of grants, and improving the material conditions of teaching staff.Item PROBLEME TEORETICE REFERITOARE LA ORGANIZAREA ŞI FUNCŢIONAREA INSTITUŢIEI OMBUDSMANULUI ÎMPOTRIVA DISCRIMINĂRII ÎN REPUBLICA MOLDOVA(2008) Cârnaț, TeodorOnce the law on non-discrimination is adopted, it will be harmonized with the legislative system of Republic of Moldova. The institution of Ombudsman against Discrimination is competent in sanctioning the acts considered contraventions; the terms are corresponding to the contentious-administrative procedure. Once the person had appealed to all the levels of the legal system of Republic of Moldova, he can appeal to the European and International instruments which are competent in discrimination cases. It is logical that the institution of Ombudsman against Discrimination and the institution of national Ombudsman should be setlled together in the organic law, as in the Constitution.Item CREAREA PRECEDENTULUI JUDICIAR ÎN DOMENIUL NON-DISCRIMINĂRII DE CĂTRE CURTEA EUROPEANĂ A DREPTURILOR OMULUI(2007) Cârnaț, TeodorNon-discrimination within the Council of Europe represents one of its targets. The European Court of Human Rights shows each year a different content for the non-discrimination provisions, by its jurisprudence. It also should be mentioned that not all the differences in treatment represent a discrimination against the Article 14 of the European Convention of Human Rights. The individuals and the groups of individuals are discriminated against the aims of this provision, so if the invocation of this article is just, then it was established that the situation of the alleged victim may be considered similar to those individuals who were better treated.Item ASPECTE ALE PREVENIRII ŞI COMBATERII DISCRIMINĂRII PERSOANELOR SOCIALMENTE VULNERABILE(2007) Cârnaț, TeodorProvision aspects in combating discrimination of socially vulnerable persons. Social integration is a complete part of social development, where equality of opportunity is an essential issue. Nowadays, it is widely needed to pay special attention to social integration in order to achieve a society for all requires: a people-centered approach to development, coherence between principles and practice, and effective social policies to ensure the rights and opportunities in society of various population groups, especially disadvantaged and vulnerable groups, and in such areas as education, employment, social protection and social service provision. The principle of equality is crucial to Republic of Moldova and requires more effective social policies and legal instruments to protect vulnerable groups from discrimination and to ensure their rights and opportunities in the society.Item ASPECTE CONCEPTUALE PRIVIND PRINCIPIUL TRANSPARENŢEI(2009) Cârnaț, Teodor; Chiveri, Galina