Facultatea de Drept / Faculty of Law

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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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    Constituţionalismul în Uniunea Europeană: provocări şi perspective [Articol]
    (Editura USM, 2025) Tudor, Florin
    In the last period, we have witnessed in the European Union some trends that we can identify as worrying, of erosion of the concept of con- stitutionalism which represents, in a broad sense, a set of norms and principles that advance the idea that authority, as an act of governance, derives from their observance. This crisis reveals that agreements between the governments of the member states, and the supranational political and legal institutions of the European Union are insufficient to maintain unity and make decisions con- cerning priorities. In other words, the political and legal sustainability of the European Union requires a certain methodological support that could contri- bute essentially to the construction, interpretation, and coherent evaluation of the theoretical and practical problems of the political and legal reality of the European Union which is more than an international organization or a con- federation of states, without having become a federal entity. The legitimacy of constitutionalism as a theory of political action increases the gap between the important political decision-makers in the European Union and the legi- timate, objective interests of the member states. This paper aims to analyse three main themes: the challenges to constitutionalism that the states of the European Union have been facing in recent times; opportunities and strate- gies to combat the erosion of democratic constitutionalism; and the future of constitutionalism in the European Union. The research results reveal that the apparent inability of the European institutions to strengthen the rule of law and the democratic legitimacy of the Union can only be overcome through an innovative perspective of reforming the EU treaties and a firm political com- mitment to promote solidarity and mutual respect between the Member States.
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    Теоретические основы стратегий выживания в условиях кризиса
    (CEP USM, 2024-09-20) Socolova, Anna
    To function successfully in a crisis, it is important for companies to develop strategies aimed at risk and crisis management, which helps not only to survive, but also to develop in the face of constant change. Many authors, researchers and academics have dealt with the issues of sustainable development of organizations, highlighting various aspects of the impact of crisis on business and ways to overcome challenges. The most significant research questions were related to strategic management in instability and crisis, in terms of adaptive, innovative and digital strategies, ideas of resilience and adaptation in the face of global shocks, the impact of crises on digital transformation, business strategies and the survival of companies in the face of technological change. The theoretical foundations of crisis survival strategies include a wide range of approaches developed from economic, managerial and sociological theories. Some of the most prominent approaches that reveal the concept of survival strategies include crisis management theories, resilience theories, social network theories, evolutionary survival strategies, organization and institutional theories, and others. A key finding is the need to learn from past crises (e.g., the COVID-19 pandemic). It is important to understand that no strategy is one-size-fits-all, and success will depend on the flexibility, creativity, and ability of an organization or community to adapt to rapidly changing conditions.
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    Aspecte privind rolul Organizației Națiunilor Unite în calitate de instituție principală în soluționarea diferendelor internaționale
    (2021) Zaharia, Virginia; Frunze, Ion
    Misiunile ONU de menținere a păcii și misiunile politice speciale sunt un instrument esențial pentru eforturile de promovare a stabilității. În prezent, accentul este pus pe coerență și sinergii, făcând uz în mod efectiv și eficace de ansamblul de variante de răspuns la crize. Un număr fără precedent de evaluări/rapoarte cheie ale ONU solicită la unison să se depună eforturi mai semnificative pentru a se preveni crizele și a se căuta soluții politice. Diplomația preventivă și eforturile de mediere sunt intensificate. ONU joacă un rol esențial în combaterea terorismului, inclusiv în prevenirea extremismului violent. Strategia globală a ONU de combatere a terorismului cuprinde o serie completă de măsuri care trebuie să fie puse în aplicare în totalitate, evidențiind gradul sporit de implicare a ONU în menținerea climatului de stabilitate și ordine mondială, atât de fragil și de instabil în contextul noilor provocări și amenințări.
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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.
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    Reziliența electronică în domeniul judiciar: cerință a timpului și expresie a bunei guvernări [Articol]
    (Artpoligraf, 2021) Mocanu, Veronica
    Resilience is defined as the capacity of communities in complex socio-ecological systems to learn, cope, adapt, and transform in the face of shocks and stresses. Our role is to understand how systems support the communities we serve, and to ensure that the poor and vulnerable have options and opportunities to become fully integrated into resilient systems. The COVID-19 crisis has had a significant impact on the legal profession and the judiciary in general. Therefore, the presented paper is oriented on highlighting the critical importance of building resilience in judicial sector, by extending use of videoconferencing. The Study presents potential prospects line agencies can follow to extend the scope of videoconferencing in the justice sector and offers a preliminary assessment of the actions and steps that need to be taken. The papers’s conclusions indicated that videoconference appeared to be an effective tool for organizing court hearings and its scope might be extended to other types of court cases (including civil and contraventional) and/or procedural actions and that might include the institutionalization of local videoconference centers or virtual courtrooms.