Facultatea de Drept / Faculty of Law

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    Independenţa justiţiei – aspiraţie invariabilă a constituţionalismului european [Articol]
    (Editura USM, 2025) Popovici, Cristina
    European constitutionalism aims to energize European societies by serving as a means of regulating social and political relations of paramount importance, leading to the continuous development of the principles of the rule of law and the establishment of a system of checks and balances. In this context, justice represents one of the fundamental ways of ensuring and safeguarding respect for citizens’ rights and freedoms without any discrimination. It is carried out solely in the name of the law and exclusively by judicial authorities. Any judicial activity must be grounded in the fundamental principles of the organization and functioning of justice, designed to ensure the unity and efficiency of the act of justice. The goal is the realization of legitimate human rights and freedoms.
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    Constituţionalismul în Republica Moldova: multidimensionalitatea percepţiei şi previziunea oportunităţilor [Articol]
    (Editura USM, 2025) Guceac, Ion
    The present scientific endeavour is driven by the appreciation of constitutionalism as a phenomenon of primary scientific importance for the science of constitutional law in the Republic of Moldova. Such an assertion requires a clear understanding of the historical retrospective of the formation and development of ideas that underscore the relevance of this phenomenon. According to the conducted study, constitutionalism is presented as a theore- tical, ideological, and practical political and legal system of the constitutional construction of the state, which includes: constitutional legal consciousness as a subjective system of constitutional knowledge and values; constitutional law postulates (including legal principles and definition norms) that reflect the concept and essence of the constitution and the practice of its implementation; constitutional legal relations involving the recognition and protection of hu- man rights and freedoms; and constitutionality, which serves as a barometer of the acts, actions, and inactions of constitutional law subjects.
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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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    Enunţarea juridică a preceptului solidarităţii sociale ca principiu fundamental al constituţionalismului
    (CEP USM, 2024-11-07) Guceac, Ion
    In this article the doctrine of social solidarity is associated with the evolution of all the fundamental principles of constitutionalism. it is found that despite the consecration of this principle in some constitutions, this trend being motivated by a set of reasoning, its unmediated reflection has not yet acquired a widespread. Some constitutions proclaim solidarity as a universal general principle, goal or objective of society, the state and the constitution itself. Sometimes the principle of solidarity is formulated as one of the ideological foundations of the legal status of man and of the citizen. The principle of social solidarity is also mentioned in the constitutional regulation of social relations and institutions. Some constitutions declare solidarity as one of the aims of the educational system. Constitutions shall also grant, a remarkable importance of solidarity in the framework of the regulation of conditions for ensuring cultural identity Solidarity is also proclaimed in several constitutions as a principle of the foreign policy of the respective states, or as a principle of territorial administrative organization. Regarding the Constitution of the Republic of Moldova, it is assessed that it does not operate with the notion of social solidarity and does not contain provisions to ensure such an important objective of society. in this situation, it is recommended to supplement the Constitution with rules on social solidarity and ways to ensure it. Finally, it is found that the primary task of the science of constitutional law is to design such a model of constitutionalism that has as major premise the dynamic development of a state capable of promoting peace and social cohesion as necessary conditions for the upward development of society.
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    Impactul constituționalismului asupra democrației directe și reprezentative în statul de drept
    (Editura ASEM, 2022) Zaporojan, Veaceslav; Zaporojan, Corina
    The development of direct and representative democracy, as the essence of the rule of law, imposes the need to exercise political activities based on the Constitution, but also a control of political activities exercised by the rulers - constitutionalism. Constitutionalism, through the control of constitutionality, allows society to exercise verification of governance measures. Constitutionalism exercises differently the assessment of the sovereignty of the people in the direct and representative execution of the rulers of democracy. The research evaluates through the historical prism of applying the constitutional law and controlling the constitutionality of the processes of exercising direct and representative democracy in developing democracies, such as the Republic of Moldova, in relation to developed democracies. The study found the application of direct democracy to the adoption of the Constitution of the Fifth Republic in France unacceptable. In comparison, the study considered inadmissible the adoption of a law to revise the Constitution through the direct exercise of sovereignty, as attempted in Moldova in the absence of a procedure directly regulated by the Constitution, supported by the indirect agreement of the Constitutional Court. The positive and intense political application, including publicity, of this procedure, guided the people of the Republic of Moldova, through their great thought, to ignore this initiative without even 1/3 of the voters running in the referendum.
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    Constituția României din 1923: sursă de modernizare și dezvoltare creatoare a constituționalismului [Articol]
    (CEP USM, 2023) Smochină, Andrei; Smochina, Carolina
    100 years ago, on 26 and 27 of March, the adoption of the Constitution of Romania set modern standards and legal norms, being very advanced and democractic in many aspects during interwar period. Romania was defined as a unitary and indivisible national state, with an inalienable territory. With these evaluation criteria, The 1923 Constitution of Romania became Romania’s visiting card. In this historical context, today we celebrate important national democratic values, which have prevailed despite totalitarian and authoritarian experiences. At the same time, the scientific conference is organized in honor of academician Ion Guceac. We take this opportunity to express our most sincere congratulations to one of the most well-known and outstanding scholar in the area of his expertise, the Constitution and constitutionalism.
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    Constituțiuonalizarea dreptului național. Provocări actuale și perspective de evoluție [Articol]
    (CEP USM, 2023) Guceac, Ion
    Being concerned with the particularities of the process of constitutionalisation of law, this study, for the most part, starts from the postulates of dynamic legal theory. Among other arguments, it is pointed out that the process of the concept of ‚constitutionalisation’ is taking place in an atmosphere of competition with other concepts, which also attempt to reflect social dynamics in all its manifestations. In this context, it is considered incorrect for legal science to be on the periphery of efforts to generate processes for modernizing the law. Constitutionalisation is seen as the totality of efforts to improve the institutional and normative image of the state and the content of the law. The following are recognized as objects of constitutionalisation of a society’s legal system: legal awareness, the legal system, and legal practice. It is recommended that the process of constitutionalisation should evolve in its ontological format, based on normative provisions of a fundamental nature. In the process of constitutionalisation of law it is necessary to pay attention to human rights and freedoms, but also to constitutional duties. Another crucial task of constitutionalisation is to promote the formation of a high legal culture in all possible ways.
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    SOLIDARITATEA SOCIALĂ – TENDINȚĂ CONSTANTĂ A CONSTITUȚIONALISMULUI
    (Artpoligraf, 2021) Guceac, Ion
    The purpose of this study is determined by the idea of social cooperation and solidarity in the conditions of contemporary constitutionalism, where the state must evolve as an instrument of consent and social compromise, ensuring the formation of a balance of diversity of private and collective interests in society. Starting from the fact that any constitution must ensure the balance between the values of freedom and the mutual responsibility of the citizen and the state, it is recommended to include in the normative content of the Constitution of the Republic of Moldova provisions on social solidarity and ways to ensure it.