Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Cârnaț, TeodorSubject: search.filters.subject.Constitution

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    CONSTITUȚIONALIZAREA PRINCIPIULUI LOIALITĂȚII CONSTITUȚIONALE
    (CEP USM, 2022-03-17) Sfătoiu, Mihaela; Cârnaț, Teodor
    The principle of constitutional loyalty is of interest both nationally and internationally, since loyalty to the values, rules and principles set out in the Constitution must be, both in theory and in practice, a very solid connectivity element in the relations between the various public authorities. In Romania, the principle of constitutional loyalty is not expressly mentioned in the Constitution. The Constitutional Court of Romania has deductively interpreted the obligation of constitutional loyalty from a principle expressly provided for in the Fundamental Law – the separation and balance of powers in the state. Nor does the Constitution of the Republic of Moldova contain express provisions of this principle. Its treatment brings into question the existence of the “constitutionality bloc” in the Republic of Moldova.
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    ACCESUL LIBER LA JUSTIȚIE ÎN REPUBLICA MOLDOVA: PRINCIPIU FUNDAMENTAL ABSOLUT, APLICABIL DREPTURILOR ȘI LIBERTĂȚILOR CONSTITUȚIONALE
    (CEP USM, 2020) Cârnaț, Teodor; Panchiv, Olesea
    Free access to justice in the Republic of Moldova is a fundamental principle applicable to the constitutional rights and freedoms. It is an absolute principle, which means that it cannot be limited by the state. Free access to justice must be guaranteed to all the people, in an equal, impartial and non-discriminatory way, regardless of their quality (citizen, foreigner or stateless person), race, nationality, religion, political affiliation, sex, wealth etc. A genuine rule of law necessarily implies the possibility of every person to defend his rights, freedoms and legitimate interests provided by the Constitution and the national law in force. This supreme purpose of the state is achievable due to this absolute fundamental principle – free access to both common law and constitutional justice.