Facultatea de Drept / Faculty of Law
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Item RAȚIUNI ALE RE-CONSTITUȚIONALIZĂRII DEMOCRAȚIEI ȘI A VALORILOR DEMOCRATICE(CEP USM, 2024) Ciobanu, RodicaThis 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.Item RE - VALORIZAREA DREPTULUI ÎNTRE INTEROGATII ȘI RĂSPUNSURI(CEP USM, 2023-12-01) Ciobanu, RodicaThe 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”.Item THE ANATOMY OF A DOCTRINAL ENTHUSIASM TURNED INTO NATIONAL DESPAIR(2022) Ciobanu, Rodica; Aramă, ElenaThe concept of the rule of law was a rather new one for the former socialist states, including the Republic of Moldova, but it was a necessity since the fall of the totalitarian regimes in the early 1990s. Until then, there was a broad range of scientific studies on the rule of law in Western literature. The domestic doctrine took up the rich Western scientific sources with enthusiasm and without stepping down the democratic character of the rule of law, emphasized the individual’s freedom as a key element, even though the rule of law implies many other defining features. This undue optimism on the possibilities of the institutions to guarantee the rights and freedoms of individuals has not been accompanied by an analysis and a review of the staff of those institutions that should have promoted a new approach of the relationship between the citizen and the state and, as a result should have put themselves in the service of society, to protect citizens. The researchers left out the question of the quality of the human factor, the human resources that originated in a society where everything was controlled by the Communist Party bodies and proceeded to work within a society where nothing (or almost nothing) was subject to society’s control. The independent media was established later, mostly as a response to the communist’s arrival to power (in 2001). Article developed within the Project "Modernisation of Governing Mechanisms Focused on the Protection of Human Rights”, cipher 20.80009.1606.15 in the Scientific Research Laboratory "Compared Public Law and e-Government”, Law Faculty, Moldova State University.