Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Milicenco, ȘtefanHas files: Yes

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    OBIECTUL ÎNCREDERII PUBLICE ÎN INSTANȚE JUDECĂTOREȘTI. DELIMITĂRI CONCEPTUALE
    (CEP USM, 2024-11-07) Milicenco, Ștefan
    The goal of this study is to establish the conceptual delimitations regarding the object of public confidence in the judiciary. In accordance with Article 6 § 1 of the European Convention on Human Rights, the courts in a democratic society must inspire confidence in the public. The measurement of public confidence in the judiciary has become common practice in the Republic of Moldova. However, there is no common ground on the terms used in surveys to express the object of assessed confidence: the terms „justice” and „judiciary” seem to be used interchangeably. The paper argues that precision is of paramount importance, as ambiguous wording can affect the quality of collected data and subsequent conclusions. Also, the paper proposes the most suitable term in this respect.
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    IMPACTUL CONSTITUȚIEI ROMÂNIEI DIN 1923 ÎN REALIZAREA CONTROLULUI CONSTITUȚIONALITĂȚII ÎN REPUBLICA MOLDOVA
    (CEP USM, 2023) Milicenco, Ștefan
    In a country governed by the rule of law, constitutional control is one of the fundamental guarantees of the supremacy of the Constitution. Until the Republic of Moldova declared its independence in 1991, except for the interwar period, there had been no separate body of the state empowered with the function of jurisdictional constitutional control in this geographical area. Starting from the fact that the first Fundamental Law applied throughout the Romanian historical territory was the Romanian Constitution of 1923, the aim of the study is to determine the nature and extent of the impact of these regulations on the realization of constitutionality control in the Republic of Moldova. Consequently, it is necessary to identify the specific features of the model of constitutionality control regulated by the Romanian Constitution of 1923 and those inherent in the model provided for by the Constitution of the Republic of Moldova, and to highlight the common features and differences between these models. The study reveals that although the institution of constitutionality control in the Republic of Moldova is distinct from the one existing under the 1923 Romanian Constitution, the latter was still able to ensure the preeminence of law, in accordance with the spirit of the times. The fact that at the end of the 20th century both in the Republic of Moldova and in Romania a different model of constitutionality control was imposed demonstrates the relevance of the common constitutional heritage of these states, based on the Romanian Constitution of 1923.