Facultatea de Drept / Faculty of Law
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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 CONSTITUȚIONALITATEA RESTRICȚIILOR DIN 2022 ASUPRA LIBERTĂȚII DE EXPRIMARE LA ÎNTRUNIRILE PUBLICE. ROLUL OMBUDSMANULUI(CEP USM, 2024) Zubco, AlexandruThe scientific work represents a reflection on the level of respect for fundamental human freedoms, such as freedom of assembly and expression following the actions of the national public authorities from October 2022. In September-October 2022, public anti-government meetings took place in the municipality of Chisinau. On October 13, 2022, by Decision of the Commission for Exceptional Situations no. 42, meetings for a period of more than four hours were prohibited and the removal of meeting participants was allowed, without the involvement of the organizer. On October 16, 2022, the police intervened in force and removed the participants of the protest from the center of the capital. In May 2023 there is a government meeting entitled“Moldova European National Assembly” which is allowed and supported by the authorities and the police. Although, the Republic of Moldova recognizes free expression as a fundamental form of voicing the population’s dissatisfaction with governing act, it seems that from 2022 this constitutional principle started to be affected. The government has initiated a series of processes camouflaged under the aspect of respecting national interests and public order in order to reduce manifestations inappropriate to it. The article in its extended version was addressed in a thematic report of the People’s Advocate, prepared by the author.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.