Facultatea de Drept / Faculty of Law

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    Independența instituției ombudsmanului, condiție indispensabilă a statului de drept și acces la valorile europene
    (CEP USM, 2024) Zubco, Alexandru
    The 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.
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    Citizens' participation - as a decision-making factor at local level
    (CEP USM, 2024) Slusarenco, Svetlana; Turlukowski, Jaroslaw
    Citizens' participation in decision-making processes is a key element of achieving democracy at central and local level, ensuring transparency and contributing to holding public officials accountable for decisions taken. The effectiveness of participatory democracy implies simultaneous and mandatory observance of the principles of information, consultation and transparency of the decision-making process. Participatory democracy involves citizens' participation in public decision-making; citizens' control over spending public money; public consultation of civil society as a whole. Participation is a mechanism of representation, a means by which governors are informed about the preferences and needs of the public. The purpose of involving citizens in the decision-making process at local level involves providing citizens with quality services and services necessary for citizens, improving the content of decisions developed by local authorities, as well as orienting the activity of local public authorities towards citizens' needs and increasing citizens' credibility towards local public authorities, through the effort of representatives of local public authorities to give their mandate vigour and efficiency.
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    Impactul exercitării dreptului la întruniri asupra bunăstării şi securităţii societăţii
    (CEP USM, 2024-09-20) Roşu, Cristian-Marius
    The right to assembly is a fundamental freedom, a democratic constitutional form of dialogue between society and the authorities, but sometimes the right to assembly can be manipulated by political actors. The role of the state is to increase collective awareness of the decision-making power of the right to assembly. An important outcome of the meetings on the topic of violence against women led to the criminalization of the notion of femicide. The right to assembly allowed women to be heard and to obtain full civil and social rights, equality in social and political rights with men, especially gender security.
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    Provocările actuale privind exercitarea mandatului Avocatului Poporului în contextul angajamentelor de asociere
    (CEP USM, 2024-09-20) Zubco, Alexandru
    On 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.
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    PARTICULARITĂȚI PRIVIND ANALIZA NATURII JURIDICE A DREPTURILOR ŞI LIBERTĂŢILOR FUNDAMENTALE ALE OMULUI
    (USEM, 2021-12-03) Ceban, Cristina; Zaharia, Virginia
    The study design, we aimed to research the legal nature of the rights and freedoms of the human being, because of the issue of human rights has been, is, and will always be in the spotlight, and it will be the object of concern of the experts in the field of law, political scientists, sociologists, politicians, and the whole of the companies, given the fact that human rights have become one of the central ideas of the day that tend to be accepted by all the countries of the world, beyond the differences in the historical, cultural, and economic factors.The purpose of this research is to carry out a comprehensive analysis of fundamental human rights and freedoms. The field of human rights is a widely discussed topic of vital importance to every state. According to them, their observance leads to a prosperity of each state, to a liberation and tranquility that dominates the whole world. In the process of drawing up this article, methods were used: logical, analytical, comparative.
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    DEMOCRAȚIA EUROPEANĂ ÎN PRACTICĂ: ROLUL ȘI LIMITELE PRINCIPIULUI TRANSPARENȚEI CA PANACEU
    (Print-Caro, 2023) Leonte, Marie
    Articolul de față încearcă să introducă un anumit relief în dezbaterea privind natura principiului transparenței în dreptul Uniunii Europene, pe de o parte, prin prisma teoriei generale a principiilor de drept, iar pe de altă parte, prin cea a felului în care este codificat și interpretat, în diversele domenii ale dreptului european: cu precădere instituțional, prelucrarea și protecția datelor personale, intermedierea on-line, achizițiile publice, concurență. Evoluția continuă a activităților care fac obiectul transparenței, ce are drept rezultat caracterul în permanență lacunar al reglementărilor axate pe principiul transparenței, căreia i se adaugă încălcările frecvente ale textelor de natură infralegislativă, sunt doar câteva din limitele inerente acestui principiu: luat ca atare, principiul transparenței nu este un supra-principiu, ci, ca principiu procedural, trebuie înțeles ca subsumându-se principiilor și valorilor fundamentale ale Uniunii Europene.
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    PARTICULARITIES OF THE MODEL OF CONSTITUTIONAL JUSTICE APPLICABLE IN THE REPUBLIC OF MOLDOVA
    (Editura ASEM, 2017-04-28) Zaporojan, Corina
    This article intends to examine the evolution of the constitutional justice applicable in Republic of Moldova, with the establishment of the Constitutional court, analyzing the key differences between European model of Constitutional court and the mechanism created in the Republic of Moldova over the years, while focusing on the concrete Moldavian historical-political background which had an impact on the shaping of the Constitutional Court.
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    CONGRUENȚA SOLIDARITĂȚ II SOCIALE CU RESPONSABILITATEA RECIPROCĂ A INDIVIDULUI ȘI A STATULUI
    (CEP USM, 2024) Guceac, Ion
    The present study starts from the undeniable assumption that society and the state as its highest form of organization cannot exist if the individuals who compose it are not held accountable for their actions. In this context, the thesis that the scope and guarantee of freedom are directly proportional to the depth and inviolability of the principles of social responsibility is further developed. New arguments are put forward in support of the idea that the extent of a person’s social freedom depends on the degree of responsibility of the individual. In a democratic society, the individual freely and independently determines his or her choices, and this possibility is the basis for responsibility, which finds legal expression and consolidation in the Constitution and the legislation in force, the extent and guarantee of freedom being directly proportional to the depth and inviolability of the principles of social responsibility. Finally, it is recommended that the Constitution of the Republic of Moldova be supplemented with rules on social solidarity and ways of ensuring it.
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    RAȚIUNI ALE RE-CONSTITUȚIONALIZĂRII DEMOCRAȚIEI ȘI A VALORILOR DEMOCRATICE
    (CEP USM, 2024) Ciobanu, Rodica
    This article, synthetically, discusses the issue of consolidating democracy through the identification of essential challenges to current political and legal institutions that call for action. In this regard, the separation of powers and the need to strengthen the mechanisms for ensuring compliance with the rule of law, including through specific examples such as political corruption, lack of integrity, etc. Indirectly, it suggests the major role of the constitutional authority in ensuring the reform and consolidation of democracy in the Republic of Moldova and increasing citizens confidence in fundamental constitutional values.
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    AVOCATUL POPORULUI – PROMOTOR AL STANDARDELOR INTERNAȚIONALE PRIVIND DREPTURILE OMULUI. CAZUL REPUBLICII MOLDOVA
    (2024) Zubco, Alexandru
    The 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.