THE OPPOSITION OF THE MARK OF GENDER IN THE FRENCH META-LEGAL LANGUAGE

L’OPPOSITION DE LA MARQUE DE GENRE DANS LE MÉTALANGAGE DU DROIT FRANÇAIS

Author(s): Nina Cuciuc / Language(s): French / Issue: 1/2011

Keywords: motion; motional feminization; motional flexions; sexual paradigm; motional term.

In the meta-language of Legal French feminization is undergone by means of an active procedure, which we call “motion”, a term borrowed from the Romanian linguistic terminology. The “motion” procedure signifies the formation of feminine human animated nouns from the masculine ones, as well as of masculine human animated nouns from the feminine ones, by adding motional lexical morphemes (synonyms: motional flexions, motional suffixes). The motional flexions paradigm includes a series of derivational suffixes used to form, in the French legal vocabulary, motional noun-terms designating feminine instances of professions, functions and qualities. In the case of common gender, la motion sees its derivational productivity diminished. The most resilient, in case of motional feminization, remains the class of epicene noun-terms with the masculine form. The specialized language of Juridical French is less amenable to motional feminization in the case of noun-terms that designate a criminal quality, such as: agresseur, bandit, escroc, interlope, malfaiteur, pickpocket, etc. The legal style, conservative and solemn, suppresses the use of feminine nouns attested in lexicographic sources and in the literary language, in accordance with the rules of normative grammar.

PATERNITY IN THE LEGISLATIVE VISION OF THE NEW ROMANIAN CIVIL CODE

PATERNITY IN THE LEGISLATIVE VISION OF THE NEW ROMANIAN CIVIL CODE

Author(s): Irina Apetrei / Language(s): English / Issue: 1/2011

Keywords: paternity (affiliation); new Romanian Civil Code; legislative novelties and changes

The present paper analyses the legislative novelties and changes brought by the new Romanian Civil Code (287/2009 Act) regarding the affiliation (towards the father) as compared with the existing regulations of this institution stipulated in the Family code (4/1953 Act). Concretely, the paper deals with the legislative changes and novelties regarding the paternity presumption of the child resulted from inside the marriage, the presumption of the legal period of conception, the action for denial the paternity of the child resulted from marriage and the action for proving the paternity of the child resulted from outside the marriage.

CONTRIBUTIONS OF ORTHODOX CLERGY BELONGING TO THE SUFFRAGAN BISHOPRICS OF MOLDOVAN METROPOLITAN CHURCH TO SUPPORT THE STRUGGLE FOR NATIONAL INDEPENDEN

LA CONTRIBUTION DU CLERGÉ ORTHODOXE APPARTENANT AUX DIOCÈSES SUFFRAGANTS DE L’ÉGLISE METROPOLITAINE DE MOLDAVIE AU SOUTIENT DE LA LUTTE POUR INDÉPENDA

Author(s): Laurenţiu Nicolae Stamatin / Language(s): French / Issue: 1/2011

Keywords: war of Independence; orthodox clergy; contributions; prayers

The War of Independence in the years 1877-1878, waged against the Turks, has resulted in international recognition of the independence of Romania. The Romanian state was not prepared to wage this war. He appealed to the spirit of sacrifice of the Romanian people, all citizens being involved in the collection of offerings to support the military. The contribution of the masses across the country and from other Romanian provinces under foreign ownership, has resulted in: collection of offerings for the soldiers, raising funds for the purchase of advanced weapons, support the operation of hospitals, caring for wounded, transport of supplies and equipment for front, housing Russian and Turkish prisoners, organization of cultural activities by charitable societies or individuals to raise funds to support the military effort, etc. Romanian Orthodox Church, bishops, priests and faithful, could not stand aside in those watershed moments for the Romanian nation, but was actively involved in supporting the Romanian army sorely tried. Clergy and faithful of the Dioceses of Roman, Huşi and Lower Danube had an important contribution to collective efforts to support the front. In this article we present in detail the acts and deeds that church ministers in this part of the country have taken for the purpose aforesaid.

SOME CONSIDERATIONS ON THE LEGISLATIVE PROPOSAL CONCERNING THE OFFICIAL NAME TO BE USED IN ORDER TO DESIGNATE THE ROMA ETHNIC COMMUNITY

QUELQUES CONSIDÉRATIONS SUR LA PROPOSITION LÉGISLATIVE CONCERNANT LE NOM OFFICIEL À EMPLOYER POUR DESIGNER L’ETHNIE ROME

Author(s): Mihaela Roxana Prisacariu / Language(s): Romanian / Issue: 1/2011

Keywords: national minority; discrimination; Roma ethnics; Gypsy; Law regarding the terminology used for the Gypsy ethnic group.

The study analyzes the new legislative proposal regarding the terminology used for the Gypsy ethnics, highlighting that the subject of the right to choose one’s ethnic name belongs only to the ethnic group itself, as an expression of the person’s right to self-determination. Any public decision disregarding this right is deemed to be rejected by the ethnic group and by the European institutions as contrary to international law and to European values, as well.

HUMAN RIGHTS IN THE ERA OF GLOBALIZATION

HUMAN RIGHTS IN THE ERA OF GLOBALIZATION

Author(s): Aurora Ciucă / Language(s): English / Issue: 1/2011

Keywords: human rights; globalization; democracy; development; citizenship.

Two forms of universalism, two global phenomena, Human Rights and Globalization involve states in different manners. The way globalization acts on the economic, political rights and which are the visible consequences of this process and, at the same time, which is the role of human rights in the context of globalization are some of the questions which we intend to meditate on in these pages.

A POSTMODERN PERSPECTIVE IN ANALYZING SOCIO-LEGAL PHENOMENA

A POSTMODERN PERSPECTIVE IN ANALYZING SOCIO-LEGAL PHENOMENA

Author(s): Antonio Sandu / Language(s): English / Issue: 1/2011

Keywords: Postmodernism; Deconstruction; Social Constructionism; Epistemology; Legal Discourse; Foucault

The characteristic of postmodernism as a cultural paradigm is deconstruction. The fact that this concept – deconstruction- allows a hermeneutical adrift, centrifuge and without poles, shows the difficulty of understanding the ways of thinking, supreme tolerance, which accepts any text. No interpretation of Deconstruction, in Derrida's way as the sense of universality of language, it is not possible, because any interpretation goes in same direction as deconstruction. From the deconstructive-reconstructive hermeneutic methodology we can analyze the existential meaning of historical or social phenomena in terms of understanding the socio-historical reality as a construct that was generated by a "reframed" interpretation. Philosophical issue is "a pretext" of the hermeneutical process of creating the significance. Constructionist epistemology is a structure close to postmodernism perspective in manner of the vision of Lyotard, under which our image of reality is a narrative one, a consensus of speech. The legal discourse is a particular form of speech and can be analyzed in constructionist manner as a textual analysis. The analysis of the legal system must take into account the collective character of interpretive construction. Radically changing the interpretation or the context we modify the interpretation of the representation of reality which consciousness substitute for reality itself. In Foucault's view, Power is internal and constitutive to the discourse.

JOURNALISTIC STYLE AND POLITICAL LANGUAGE IN ROMANIAN

JOURNALISTIC STYLE AND POLITICAL LANGUAGE IN ROMANIAN

Author(s): Sorin Cristian Semeniuc / Language(s): English / Issue: 1/2011

Keywords: style; journalistic language; political language; features

In royalist France, one had to be Catholic in order to have city rights. Today, to claim the throne of the democratic city, one has to be telegenic. Regis Debray's analogy reaffirms the close connection between the field of politics and that of journalism, which materialize mainly through language. Moreover, both fields are similar by the attempt to trick reality, either to prove the existence of a reaction, even if irrational, to any event and to stop the doubts regarding the politician's incompetence, or due to the pressure of the market or of sensational news, in the mass-media.

THE GUIDING CONSTITUTION AND THE CRISIS IN THE THEORY OF THE CONSTITUTION

LA CONSTITUTION DIRIGEANTE ET LA CRISE DE LA THÉORIE DE LA CONSTITUTION

Author(s): Gilberto Bercovici / Language(s): French / Issue: 1/2011

Keywords: constitution; politics; state; public law; constitutional law

The article examines the complex and strained relations between politics, the State and the Constitution, both by means of the famous debate over democracy and constitutionalism, and by means of the paradoxes of the legal formalism associated with the constitutional law, the political law par excellence. It describes the occurrence of a cycle of master-ideas, developed throughout the history of Public Law. The Constitution was the master-idea during the era of revolutions, in the 18th and 19th centuries. The State became the master-idea only in the 19th century, with the “General Theory of the State” as the most important discipline within Public Law. However, as a result of the challenges to the purely juridical method during the Weimar era, the Constitution becomes the master-idea of the new “Theory of the Constitution”, which replaces the old General Theory of the State. This new discipline aimed at inserting politics in the constitutional analysis, especially in the Post-War period. The fundamental debate within the Theory of the Constitution fluctuated between the substantive and the procedural theories of the Constitution, both seeking to direct politics and the State or to eliminate both of them from the constitutional analysis. This master-idea culminates with the “Guiding Constitution” – which aims at establishing itself as a plan for the future of the entire society – and with the Constitutional Courts and the exhaustion of the debates over politics and legitimacy in contemporary Constitutional Theory. In order to overcome this deadlock, a “return to politics” and also a “return to the State” are required, alongside a new and wholly revised Theory of the State.

THE EUROPEANIZATION OF ROMANIAN CONSTITUTIONAL LAW FOLLOWING THE ACCESSION TO THE EUROPEAN UNION

L’EUROPÉANISATION DU DROIT CONSTITUTIONNEL ROUMAIN APRÈS L’ADHÉSION DE L’ÉTAT À L’UNION EUROPÉENNE

Author(s): Genoveva Vrabie / Language(s): French / Issue: 1/2011

Keywords: Europeanisation; Constitutional law; European Union; Romania; state; sovereignty

Starting from the description of how the fundamental law of Romania had been revised in 2003, so that its texts be in ordance with the fundamental principles that govern the European legislation, the author promotes several critical ideas, regarding the manner in which the revision of the Constitution had been made. The autor comments on the texts that contradict each other, highlights the “silence” of the law and, furthermore, she ascertains an essential fact: in most European constitutions, the “European provision” is pasted in the fundamental constitutional texts, without the constitutional norms being harmonized. This is the reason why the author suggests the elaboration of a Constitution of a “European model”, the result of esteemed specialists’s work, a model that could inspire, persuade and attract the national constituent. The new ideas of state, sovereignty, constitution and its supremacy should be thought in accordance to this model. And also, it should be reasoned upon the juridical nature of the European Union which, without being a STATE, exercises state functions.

THE ROLE OF THE NATIONAL PARLIAMENTS IN THE EUROPEAN UNION TODAY IN THE LIGHT OF MULTILEVEL CONSTITUTIONALISM

THE ROLE OF THE NATIONAL PARLIAMENTS IN THE EUROPEAN UNION TODAY IN THE LIGHT OF MULTILEVEL CONSTITUTIONALISM

Author(s): Kinga Anetta Trufan / Language(s): English / Issue: 1/2011

Keywords: Lisbon Treaty; National parliaments; subsidiarity; IPEX; scrutiny

The Treaty of Lisbon has granted significant prerogatives to the European Parliament, as part of an effort to make the European Union more democratic, efficient and transparent, and to place the citizens in the centre of the European project. The extension of the co-decision procedure (henceforth known as “ordinary legislative procedure”) has enhanced the European Parliament’s status as a legislative power, giving it more influence in certain fields, including domains in which its role had previously been absent or limited – judicial cooperation in criminal matters, police cooperation, as well as in several aspects of trade and agricultural policy. The treaty enshrines the well-established practice of the multi-annual financial framework, which requires Parliament’s approval, and creates a balance between the role of the Parliament and that of the Council, in the adoption of the EU budget. The international agreements in the fields subject to the ordinary legislative procedure also require the assent of the European Parliament. The Treaty of Lisbon consolidates the role of the national Parliaments, which will be able to participate more actively in the working of the Union. They gain more influence over the policy evaluation mechanisms in the field of freedom, security and justice, and the procedures for treaty revision. Most significantly, they have acquired powers to monitor the observance of the principles of subsidiarity and proportionality in the fields that do not fall under the EU exclusive competence. National parliaments should continue to be an important source of legitimacy for the European institutions and policies.

A DESIGN FOR THE EVALUATION IN PUBLIC ADMINISTRATION

A DESIGN FOR THE EVALUATION IN PUBLIC ADMINISTRATION

Author(s): Dorina Ţicu / Language(s): English / Issue: 1/2011

Keywords: types of evaluation; stages of evaluation; public actors; public policies; public decision

The assessment of public policies is a step rousing interest both by comparison to the entire cycle of public policies, and related to the implementation of policies, especially seeing that the two steps were separately described in the specialty literature due to their specificity. The assessment assumes various actors, specific steps and sub-steps; it uses its own techniques, methods and tools. This specific framework of the assessment process will be followed at the level of this article and will be generically named the design of the assessment process. The design of assessment tries to define assessment related to the existence of assessment, its targets and functions, actors, steps and typologies. This study proposes to find the specificity elements of assessment and to outline what they have previously defined as being an evaluative design specific to local administration which can lead to good public policies as long as there is no assessment recipe.

FACTORS TO BE TAKEN INTO CONSIDERATION BY THE JURISPRUDENCE IN THE ANALYSIS OF THE SUPERIOR INTEREST OF THE CHILD, ACCORDING TO THE RULES OF THE NEW R

FACTEURS A CONSIDÉRER PAR LA JURISPRUDENCE DANS L’ANALYSE DE L’INTÉRÊT SUPERIEUR DE L’ENFANT SELON LES RÈGLES DU NOUVEAU CODE CIVIL ROUMAIN

Author(s): Iolanda Boti,Victor Boţi / Language(s): French / Issue: 1/2011

Keywords: Civil Code; Romania; child; interest; parental authority; adoption; guardianship; family

The authors present in a structured way, the principle of the child’s superior interest as it is regulated in terms of the new Romanian Civil Code, focusing on factors that the case law should take into consideration according to the new regulations. In the first part of the article, the authors develop a pertinent analysis on this principle in the global context of the new legislation. Thus, they analyze article 263 which establishes child’s superior interest as the principle of general application in all areas of law. In this context, the authors conduct a comparative analysis of this principle with other institutions regulated by the new Civil Code, such as parental authority, adoption and guardianship. In the second part of the article, following a review of case law and foreign literature, the authors suggest factors that could be taken into account in analyzing the application of the principle of the child’s superior interest, in family matters, with the coming of the new Civil Code in force. In conclusion, we can say that this article, by the novelty of the addressed subject, is a contribution to the doctrine which arises as a result of the new Civil Code of Romania.

NICOLAE TITULESCU – PROFESSOR AT THE UNIVERSITY OF IASI

NICOLAE TITULESCU – PROFESSOR AT THE UNIVERSITY OF IASI

Author(s): Marius Hriscu / Language(s): English / Issue: 1/2011

Keywords: Nicolae Titulescu; professor; students; Faculty of Law; University of Iasi

After graduating with remarkable results from the Faculty of Law in Paris, Nicolae Titulescu was appointed a substitute professor, at the Department of Civil Law, at the Faculty of Law, University of Iasi. In his teaching capacity, Professor Titulescu tried to eliminate outdated methods and courses, designing attractive lectures and emphasizing the nature of law as a social science. The academic work of the future Romanian foreign minister was guided by the principles of professional ethics. He left the University of Iasi on January 29, 1910 when the Minister of Education, Spiru Haret, decided to transfer him to the University of Bucharest, where he remained until 1931. The scientific and academic work developed by Nicolae Titulescu in Iasi earned him the respect of colleagues and students alike.

ADVERTISING SPEECH. ICONIC RHETORIC

ADVERTISING SPEECH. ICONIC RHETORIC

Author(s): Carmen Neamţu / Language(s): French / Issue: 1/2011

Keywords: advertisement; advertising speech; iconic rhetoric; text; colour; chromatic code

The crucial concern of advertisers is to make the advertised product (quickly) noticed and (easily) remembered. The use of the image thus becomes the solution, since, as compared to the verbalized expression, our mind can much more easily analyze images, in fractions of a second. It can argue, raise questions and create fictions. Few of the readers of a newspaper or magazine go through the entire text of an advertisement, so that the construction of the advertising text must have special features, preparing for the reader a visual path of reading. This approach implies a visual organization or construction of the statement, which should strengthen the argument. The article reviews the models selected in advertisements (the proper framework, the chromatic code in the advertisement, disposition, graphics, visual metaphors) emphasizing the iconic significations at the first level of image reading, and the connotations at the second level. Finally, some considerations are made regarding the images in perfume ads (which in most cases stress communication via image, rather than the persuasive, linguistic message) and the role of the “letter image” (width, height, type of character).

ROUND TABLE DISCUSSION “CHALLENGES TO ECONOMIC THOUGH IN THE NEW CENTURY”: Asymmetry in Managerial Process - Advantages and Disadvantages

КРЪГЛА МАСА “ПРЕДИЗВИКАТЕЛСТВАТА ПРЕД ИКОНОМИЧЕСКАТА МИСЪЛ ПРЕЗ НОВИЯ ВЕК”: Асиметрията в управленския процес – предимства и недостатъци

Author(s): Kamen Kamenov / Language(s): Bulgarian / Issue: 5/2006

Organisational-structural and behavioural discrepancies in the implementation of the managerial process have been discussed. Specific situations of a discrepancy have been analysed, as well as the relation between them. It is pointed out that there will be always asymmetry. However, the possibilities for developing the human potential and the results from the realisation of the managerial process will depend on the extent to which specific discrepancies are known and controlled. JEL: D20

ROUND TABLE DISCUSSION “CHALLENGES TO ECONOMIC THOUGH IN THE NEW CENTURY”: Outlook on the Development of Economic Science in Bulgaria

КРЪГЛА МАСА “ПРЕДИЗВИКАТЕЛСТВАТА ПРЕД ИКОНОМИЧЕСКАТА МИСЪЛ ПРЕЗ НОВИЯ ВЕК” : Възгледи за развитието на икономическата наука в България

Author(s): Mitko Dimitrov / Language(s): Bulgarian / Issue: 5/2006

The development of economic science before 1989 has been analysed. The spectrum of research works between 1948 and 1989 has been outlined, including the influence of Western theories. The change of paradigms after 1990 has been underlined; as well as new institutional structures; overcoming the international isolation of the Bulgarian economic thought. The main thematic and theoretic and methodological issues of the economic thought have been pointed out, as well as opinions and academic debates on its further development. JEL: A11; B25

Establishment of Bulgarian Association for Statistical Studies

Учредяване на българско “Сдружение за статистически изследвания”

Author(s): Aleksandar Dimitrov / Language(s): Bulgarian / Issue: 5/2006

INFORMATION: Establishment of Bulgarian Association for Statistical Studies

ROUND TABLE DISCUSSION “CHALLENGES TO ECONOMIC THOUGH IN THE NEW CENTURY”: Strengthening Systematic Approach in Economic Theory

КРЪГЛА МАСА “ПРЕДИЗВИКАТЕЛСТВАТА ПРЕД ИКОНОМИЧЕСКАТА МИСЪЛ ПРЕЗ НОВИЯ ВЕК”: Утвърждаване на системния подход в икономическата теория

Author(s): Kamen Mirkovich / Language(s): Bulgarian / Issue: 5/2006

A conclusion has been drawn that the economic theory suffers from syndrome of methodological insufficiency, which could be overcome by apply fully the systematic approach. With regard to this, the need to apply mathematical modelling has been justified, as well as the introduction of new terms from the theory of sets and the systematic analysis, spaces and congruence, the revival of economic cybernetics. JEL: B40

Useful Study on Economics of Tourism

Полезно изследване на икономиката на туризма

Author(s): Vladimir Tsarevski / Language(s): Bulgarian / Issue: 5/2006

REFERENCE to: Иван Дунов. Икономика на туризма: глобални, регионални и национални измерения. Благоевград, 2006.

ROUND TABLE DISCUSSION “CHALLENGES TO ECONOMIC THOUGH ...”: The Key Problem of Economic Theory in 21st Century Is the Methodological One

КРЪГЛА МАСА “ПРЕДИЗВИКАТЕЛСТВАТА ПРЕД ИКОНОМИЧЕСКАТА МИСЪЛ ...”: Ключовият проблем на икономическата мисъл и теория през ХХІ век е методологическият

Author(s): Iliya Balabanov / Language(s): Bulgarian / Issue: 5/2006

The economic theory falls behind the completely new social-economic and environmental realities in the last 10-15 years. The main problem is methodological. The new realities demand more and more persistently a common methodological approach, which is holistically-systematic both on a national and a globally-historical scale. The key to this approach is a complex of several fundamental interrelations of the highest synthetic nature. They can be defined and formalised only theoretically. JEL: B41