Facultatea de Drept / Faculty of Law
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Item Independența instituției ombudsmanului, condiție indispensabilă a statului de drept și acces la valorile europene(CEP USM, 2024) Zubco, AlexandruThe institution of the Ombudsman plays an important role in strengthening democracy, the rule of law, good administration, the protection and promotion of fundamental human rights and freedoms. It is the duty of the state to support and protect in this way, the Institution of the People's Advocate and to refrain from any action that undermines its independence. The competence of the Ombudsman regarding judicial or administrative authorities should be limited to ensuring the procedural efficiency and administrative functioning of this system. The People's Advocate will not be involved in the judicial system, for example, but will be able to monitor and report on the level of respect for the constitutionally guaranteed right to a fair trial. The ombudsman will not be able to annul an administrative act, but he will be able to support whether or not it contravenes international human rights standards. The ombudsman will not be able to hold civil servants accountable, but through his reports he will be able to reiterate the degree of respect for human rights by the public/administrative institution or any other entity.Obviously, in his mandate, the Ombudsman will not get involved in political, administrative or professional activities incompatible with his independence and impartiality. In this paper, the authors will analyze the level of compliance with the above-mentioned guarantees by the state authorities in the context of precedents from the Republic of Moldova and other states and how effective they are or can be in a state in democratic transition.Item Provocările actuale privind exercitarea mandatului Avocatului Poporului în contextul angajamentelor de asociere(CEP USM, 2024-09-20) Zubco, AlexandruOn July 1, 2016, the Association Agreement between the European Union and the European Atomic Energy Community and their member states and the Republic of Moldova entered into force. And, on August 4, 2017, the Association Council approved the EU-Republic of Moldova Association Program. Among the short-term priorities of the program in the field of "political dialogue, good governance and strengthening institutions" was, inter alia, the completion of the reform of the People's Advocate institution, by improving Law no. 52 of April 3, 2014 regarding the People's Advocate (Ombudsman), in in accordance with the recommendations of the Venice Commission, and ensuring its financing according to the Paris Principles. In concrete terms, according to the Association Program, the Government of the Republic of Moldova was to strengthen the function of the People's Advocate, including through amendments to the law on the People's Advocate and the law on whistleblowers, by providing human and financial resources and an appropriate headquarters , in accordance with the provisions of the National Human Rights Action Plan, so that the Ombudsman can carry out his duties effectively. In 2023, the Parliament of the Republic of Moldova adopts urgent amendments to the Law on the People's Advocate, which aims at the inviolability of the Ombudsman, the procedure for appointing the People's Advocate, the conditions for early termination of the mandate, the exclusion of the public competition for the Ombudsman's deputies and the imposition of the duty to pay stamp duties in the case of actions in court. These changes were presented to the Association Council in 2023. Then, through the European Commission's 2023 country report, it is mentioned that the institution of the Ombudsman has been fully consolidated; the institution has "A" status; such as that the Ombudsmen enjoy inviolability when carrying out their duties and that the revocation of both lawyers requires a prior hearing by the full Parliament. At the same time, the European document suggests that the office is financed from the state budget, and its representatives have the right to address the parliament if the resources made available are insufficient to fulfill their mandate. Following the 2023 Expansion Package, it was decided to grant the EU candidate status to the Republic of Moldova. On June 21, 2024, the decree on the initiation of accession negotiations was signed. The respective article shows certain aspects omitted during the period of strengthening the capacities of the Ombudsman Institution, as well as some problematic aspects in achieving the full constitutional mandate of the People's Advocate in the context of European association commitments. The paper shows the importance of implementing the recommendations of the Association Council, of the Venice Commission, of the Universal Periodic Review tool by national authorities in order to have an independent and consolidated institution for a real protection of fundamental rights and freedoms.Item AVOCATUL POPORULUI – PROMOTOR AL STANDARDELOR INTERNAȚIONALE PRIVIND DREPTURILE OMULUI. CAZUL REPUBLICII MOLDOVA(2024) Zubco, AlexandruThe respective work highlights the function of the People’s Advocate to promote international standards in the field of human rights in the community and towards the three powers that are meant to ensure, guarantee and realize fundamental human rights and freedoms. The author opines that one of the Ombudsman’s roles is to constantly remind public authorities through its mechanisms of the recognized standards regarding human rights, when they assume decisions/policies/commitments, actions or inactions and to cause public actors to honor their international commitments without prejudice to fundamental rights and freedoms.