TOTALITARIAN TENDENCIES IN ROMANIAN LAW
TOTALITARIAN TENDENCIES IN ROMANIAN LAW

Summary/Abstract: The present study aims, starting from the more general theme of dealing with aspects related to the Romanian normative system, taking into account its recent history, to contribute to a clearer outline of the place that Romania occupies in this corollary of the states that it forms the great European family, in the light of the legislative picture, of the models and forms of regulation adopted by our country. Regarding the research hypothesis, we start from the premise that the analysis of the Romanian legislative system cannot ignore the recent communist past, the discussion being on the wider field of totalitarianism analysis, as well as its present and past ramifications. Therefore, when trying to analyze a normative system or a part of such a system, meant to highlight the legislator's vision of some legal institutions, the aspects related to the theoretical substantiation of a certain type of vision should not beomitted, in relation to which can also be understood as the need for regulation and its purpose.We notice that the elaborated study has as objective the identification and analysis of some totalitarian aspects present in the legislative system with special inclination on the matter of property.Regarding the research results, it was concluded that the law in force has a tendency towards totalitarianism, exemplifying some of the features identified and their implications for property.Regarding the theoretical and practical implications of the study, they consist in understanding the reality of the Romanian legislative system, the difficulties faced by both practitioners and doctrine, as well as creating a bridge between history and law, in terms of how the former influences a certain type of vision of the legislator, being able to outline regulatory models based on two different ways of understanding the relationship between individual and state, namely totalitarianism and liberalism, an aspect to which it is observed that Romania's place in the family of the states that make up the European Union is indisputably that of a former totalitarian state.

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