Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Ciobanu, RodicaStart date: 2022

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Now showing 1 - 10 of 15
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    Tradiţia constituţională şi inovaţia legislativă: un echilibru necesar [Articol]
    (Editura USM, 2025) Ciobanu, Rodica
    The article discusses the importance of maintaining the balance between the preservation of constitutional tradition and the adaptation of legislation to contemporary circumstances. It analyzes how the past, the present, and the future merge into a formula that expresses the modern spirit and emphasizes the role and importance of the Constitutional Court and the Constitution. To accomplish the proposed aim, a review of criticized decisions has been made, which reinforces the argument of the balance between tradition and innovation in modern society. The Constitutional Court is often criticized for the way in which it interprets and applies the fundamental law, with decisions of the Court sometimes seen as failing to respond to the dynamic needs of the society. The article also examines the tensions between the preservation of traditional constitutional values and the need for legislative changes to reflect socio-political shifts. The content of the article reflects the convergence of tradition and innovation, which needs to be valorized through both research and practice (of judges, lawyers, prosecutors, etc.), indicating a combined effort and a transversal perspective of theoretical and practical evaluation of the topics that are the center of attention in ensuring legal safety in a constantly changing world, while not compromising constitutional stability.
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    Riscurile sunt ubicui – securitatea trebuie să fie acum şi aici
    (CEP USM, 2024-11-07) Ciobanu, Rodica
    The paper outlines the roadmap concept for joint research on the constants of ensuring the individual’s security in times of transitions and social reform by determining the standards to increase the effectiveness of national security mechanisms. In order to explain the research milestones, relevant topical issues of current security challenges and vulnerabilities are referred to. At the same time, the focus is placed towards the individual’s security, to provide a long-term boost of cross-sectoral research into the adjustment processes of the national regulatory framework to the European one, and how security guarantees would facilitate the increase of the nexus between citizens and authorities. Consequently, using a diversified methodology, it aims to: - define security standards in line with the individual’s needs to forecast the security risks; - define indicators to guarantee an adequate security environment or security balance; - define the interactions that will increase the effectiveness of the protection and security mechanisms.
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    Constante și variabile în măsurarea eficienței mecanismelor de protecție a drepturilor omului [Articol]
    (CEP USM, 2024) Ciobanu, Rodica
    This article introduces in a generalizing and argumentative form of the need for methodological consistency in the implementation of state legal policies in the field of human rights. The content of this article is based on research carried out in recent years, which has been oriented towards defining the means of ensuring the effectiveness of human rights protection mechanisms. The human rights are seen as a fundamental need and a benchmark for the degree to which people perceive their own human worth.
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    Dilema modernizării și construcția credibilității [Articol]
    (CEP USM, 2024) Ciobanu, Rodica
    The content of this article formulates questions on the wide reform processes that the Republic of Moldova has gone through in the context of its reform and modernization initiatives. The questions addressed outline some processes and reasons that reveal potential directions of analysis and propose solutions in order to maintain progress towards good governance, protection of the individual, and efficiency of law. In this context, the law is seen as an instrument capable of contributing to socio-political stability and responding to the challenges of digitization and globalization.
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    Rațiuni ale re-constituționalizării democrației și a valorilor democratice
    (CEP USM, 2024) Ciobanu, Rodica
    This article, synthetically, discusses the issue of consolidating democracy through the identification of essential challenges to current political and legal institutions that call for action. In this regard, the separation of powers and the need to strengthen the mechanisms for ensuring compliance with the rule of law, including through specific examples such as political corruption, lack of integrity, etc. Indirectly, it suggests the major role of the constitutional authority in ensuring the reform and consolidation of democracy in the Republic of Moldova and increasing citizens confidence in fundamental constitutional values.
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    Integritatea - rațiunea de „a fi” și necesitate de modernizare
    (CEP USM, 2023) Ciobanu, Rodica
    Pe fundalul aspirațiilor europene ala Republicii Moldova se înregistrează priorități care necesită a fi evaluate, prezentate și trecute printr-o abordare critică care să identifice aspecte specifice prin prisma unor dimensiuni (sociale, etice și juridice), care definesc probleme și impedimente, dar și prioritățile în spiritul solidarității și consensului social, a încrederii într-un viitor prosper și o societate care creează oportunități cetățenilor săi pentru dezvoltare. În acest conținut, în temeiul principiului rațiunii suficiente se dezvoltă subiectul integrității în cheia unei premise suficiente și necesare pentru dezvoltarea Republicii Moldova și aderarea la comunitatea țărilor europene. Se pune problematica integrității prin prisma necesității de modernizare a activității instituțiilor de drept, pentru asigurarea unei ordini juridice în care drepturile omului sunt protejate.
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    RE-valorizarea dreptului între interogatii și răspunsuri
    (CEP USM, 2023-12-01) Ciobanu, Rodica
    The subject matter that we propose can be seen as an inquiry of the problems that we face in today’s world, where the law has been placed at the centre of criticism from both society and the authorities. The rationale justifies in certain dimensions the way in which the perception of the crisis of law has been shaped and the need to determine the ways in which the current state can be resolved by returning to the fundamental values of law connected to the professional and personal attributes of those involved in the development of law, being part of the most diverse professional backgrounds. At the same time, it suggests the need to revise the standards of professional training, by returning to values such as justice, equity, legality, etc., as well as establishing evaluation criteria that are set from the beginning of a professional career. The research is part of a more comprehensive investigation developed in the project „Modernization of Governance Mechanisms focused on the Protection of Human Rights”.
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    Modernizarea și paradoxul dreptului și al drepturilor
    (2022) Ciobanu, Rodica
    The research behind this paper has been directed towards identifying the governance mechanisms focused on the protection of the human rights, being accompanied by studies that have defined states and processes occurring in societies that are increasingly interconnected. Several stages are shown when referring to these studies: identification of the demands made by citizens towards institutions and authorities; definition of the government’s perspective on the issues of the citizens and the society; determination of solutions so that in the Republic of Moldova the transition to a modernized society occurs, in which rights and freedoms are protected. As a result, there have been identified several problems not only of conjunctural nature (such as the pandemic crisis and the war in the region, presented in the paper as a case study), which constitute impediments to the development of the Republic of Moldova, but also deeper problems rooted in society, such as lack of trust, lack of will, lack of integrity, lack of efficiency of legal institutions etc. All these have generated a paradoxical state of law and legal institutions. Thus, the article examines the combined analysis of the modernization-crisis-law concepts through theoretical and methodological incursions that make the individual-collective connection, highlighting the way modernization is seen in the Republic of Moldova and indicating the need to review the role of law in the society.
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    De ce tranziția la standarde de ordine și securitate publică sunt pe agenda instituțiilor de invățământ?
    (CEP USM, 2022-05-16) Ciobanu, Rodica
    Given that we assign to higher education an important role in training the skills of future professionals, then standardisation may be explored as a tool for sharing theoretical knowledge, designed and accessible to support the development of practice. Change, transition, and reform are dependent on the human factor, that is willing to transfer the knowledge, and the existing good practices into realities translated into state policies, action plans and development strategies. The objective of this article is to highlight the benefits that can be brought about by an educational process in accordance with the standards of efficiency, performance and quality, as well as detailing some key aspects that make legal education a facilitating factor in the transition to standards of order and security acknowledged and promoted at European level. The contextualisation of three major topics: transition, standards and education is carried out in the context of a strong preference for the modernisation of the Republic of Moldova, in the hope of a significant impact through time, in particular for ensuring security, order and protection of citizens.
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    Cultura juridică [ne] ajunsă la maturitate. O necesitate de revalorizare? [Articol]
    (CEP USM, 2023) Ciobanu, Rodica
    This article discusses the problem of legal culture through the lens of the benchmarks of the current legal systems, and in line with today’s challenges. The article offers the possibility to look for alternative opinions based on rhetorical inquiries. The purpose is to reiterate the importance of some value constants for both theory and current legal practice.