Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Ciobanu, RodicaSubject: search.filters.subject.crisis

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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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    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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    Criza pandemică, un imbold pentru modernizarea societății moldovenești
    (2021) Ciobanu, Rodica
    The social order and stability, security and well-being have become essential in the context of the pandemic crisis, highlighting many social and human issues. This article, focusing on the identification of governance mechanisms for the protection of human rights, emphasizes the weaknesses shaped by the pandemic crisis and argues in favor of the need to modernize the Moldovan society. With the assessment of the social-human impact of the pandemic as main objective, the theoretical-methodological framework of synergetics has been used, enabling to deal with the problem within the conceptual, functional, and operational frameworks.
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    Sistematizări asupra profilului științei juridice în condiții de criză
    (Iași, Editura Performantica, 2020-10-30) Ciobanu, Rodica
    Human societies have periodically gone through various crises. Similar to the impact on societies, human activities have been marked by the processes, problems, and crises they go through. In this line of thought, the law is no exception. Back in the 1940s, Mircea Manolescu argued that each generation witnesses crises. Nowadays, the law crisis is framed in relation to either the doctrinal framework or to the established and contradictory legal practices, etc. At the same time, legal science is the one considered to be guilty of all the evils in the world, incapable of being a true science, to offer safe and effective solutions to the problems facing the society, the state, and the person. Moreover, the crisis caused by the pandemic has outlined the need for a review of the legal science´s provision, in terms of raising awareness as well as a social, legal, and civic responsibility.