LIBERTATEA RELIGIOASĂ A CULTELOR DIN ROMÂNIA INTERBELICĂ

Author(s): Nechita Runcan / Language(s): Romanian Issue: 2/2022

After the achievement of the Great Union of 1918, a series of fundamental actions followed in Romania to strengthen the unity in all plans, with priority in the administrative and legislative one. In this context, one of the issues of major importance for the evolution of the Romanian society and of the reunited national state was the regulation of the regime of religious cults in Romania. The Romanian state had to clarify its relations with those minority cults from the reallocated Romanian provinces - Bucovina, Bessarabia, Banat and Transylvania - non-existent in the Old Kingdom and which functioned in Romania by virtue of the legislations of the states in which they had been incorporated before 1918. In the conditions created after the Great Union, by increasing the share of the followers of the minority cults and diversifying their activity in Greater Romania, the Romanian state was facing a novel problem, difficult to solve by conceptions and ways of governing the Old Kingdom and that is why it was necessary to adopt a special law to regulate the general regime of religious cults in the country, a requirement also stipulated in the Constitution of 1923, Article 22. The representatives of the cults also pronounced themselves, in the interwar period, for the necessity of legal regulation of their relations with the Romanian State. However, there were also pressure factors that determined the approval of the Law on Cults of 1928, recalling here the conclusion of the Concordat with the Vatican on May 10, 1927, on the one hand, and on the other hand, the insistence of the representatives of the Baptist cult to the Romanian government for its legal recognition, asking for support in this regard, through Nicolae Titulescu, at the League of Nations. The Law of Cults of 1928 ordered the relations of the state with all minority cults in Romania, so that their being leads to a normal functioning of the Romanian society. It was a modern law, inspired by the concrete historical, spiritual, and confessional realities of Greater Romania and based on the norms of international law, but which did not consider the legitimate demands of the Romanian Orthodox Church. For this reason, the Law on the General Regime of Religious Denominations in Romania was received with many reservations by the Romanian Orthodox Church.

Les départements durant la période du régime totalitaire (1948-1989)

Author(s): Stéphane Guérard,Antoniu Tudor / Language(s): French Issue: 03-04/2020

During the period of the totalitarian regime (1948-1989), the “county” was called « raion » by Law n°5 of September 7, 1950 concerning the new administrative and territorial division and its recreation was operated by Law n°2 of February 17, 1968 on the new administrative division in Romania.

Autonomia, un concept abordat multidimensional. Privire specială asupra autonomiei nonteritoriale

Author(s): Flavia Lucia Ghencea / Language(s): Romanian Issue: 03-04/2020

The general concept of non-territorial autonomy is analyzed in the specialized doctrine from various perspectives, considered, in fact, as its attributes – cultural, linguistic, educational, traditional or religious –, all considering the identity of the minority group that lives in a majority community. The present paper, part of a larger research, proposes, on the one hand, to present the concept of NTA and, on the other hand, an analysis of the legal framework regarding the non-territorial autonomy in Romania, from the perspective of international regulations regarding the establishment, organization and functioning of the authorities with role in the election of the administrative structures from the local level and, on the other hand, what is the role played by the minority groups in this framework. The objectives of the whole research aim, first, to use the data obtained in national reports and secondly, to formulate recommendations on how most effectively the mechanisms of NTA can be used to apply legislative rules regarding minorities’ protection, focusing on costs, human and financial resources.

Politica fiscală privind scutirea de impozit a lăcaşurilor de cult – cadru şi conţinut

Author(s): Nicolae Stanciu / Language(s): Romanian Issue: 03-04/2020

This study aims to highlight the main aspects that characterize the specificity of the framework and the content of the Romanian state’s fiscal policies, regarding the tax exemption of places of worship, owned by recognized cults. Regarding the granting of fiscal facilities for the places of worship owned by the recognized cults, the study emphasizes that the attributes of the fiscal policy framework are: the competence of the Romanian state regarding the regulation of the religious field, in relation to EU norms and requirements; the constitutional-legal definition of the regime of the relationship between the Romanian state and cults: institutional partnership through the system of recognized cults; the social-cultural profile of the Romanian society, a society in which religion is a concern in most European states; the role of the place of worship in the manifestation of the right to religious freedom in its collective dimension and public manifestation. According to the content of the fiscal policy regarding places of worship, the Fiscal Code provides for the exemption from payment: of the building tax and building charges; land tax and land charges; the fee for issuing certificates, approvals and authorizations, as well as exemptions for energy products and electricity. These exemptions are a consequence of the qualification of places of worship in relation to the provisions of Law no. 489/2006 on religious freedom and the general regime of cults, according to the right to religious freedom, as sacred goods – intangible, imprescriptible and inalienable real estate, intended for public utility activities.

Rolul administrației publice locale în stare de urgență

Author(s): Cristina Cornelia Feurdean / Language(s): Romanian Issue: 1-2/2021

Public health and pre-university education are two areas hard tried in Romania by the pandemic created by the SARS CoV-2 coronavirus, among the reasons for the problems being existing conflicts between the central and local public administration. Among them, the paper analyses the constitutional principle of local autonomy and the collaboration relations between public authorities.

Ofensiva instanțelor de contencios administrativ. Controlul de legalitate a hotărârilor adoptate de Plenul Curții Constituționale în materie jurisdicțională

Author(s): Tudor-Nicolae Bonifate,Alin-Constantin Toma / Language(s): Romanian Issue: 1-2/2021

On the 22nd of July 2017, the Plenum of the Constitutional Court adopted Decision n° 1/2017. Surprising by nature and controversial through content, the act in question was, and still is, the object of multiple lawsuits in front of courts, who were forced to quickly adapt to a new administrative contentious paradigm. Two things are certain: the records are no longer useful, and traditional theories of the national doctrine need to be revitalized in order to correspond to current realities. In this present study, we aim to carry out an exhaustive analysis of the matter in question, based on two aspects: returning to the forefront the administrative actjurisdictional act distinction, respectively the capitalizing on European jurisprudence (which is often avant-garde) in relation to constitutional procedures (mostly rigid). As for the conclusions we shall reach, only time will be able to confirm or refute them, but we believe that they can constitute a solid starting point for any future analysis of legal acts belonging to those public authorities foreign to the traditional executive.

Libertatea religioasă în România – doar un concept teoretic sau și unul practic?

Author(s): Andrei Noaţă / Language(s): Romanian Issue: 01/2022

According to the Law no. 489/2006 on the Freedom of Religion and the General Status of Religious Denominations, non-State actors that promote the interreligious and interconfessional dialogue in Romania are the 18 religious denominations, 42 religious associations and many associations and foundations that also carry out religious activities. Naturally, the Romanian state facilitates the initiatives related to the promotion of interfaith and interreligious dialogue through various institutions, such as the Presidential Administration, the central public administration (through the State Secretariat for Religious Affairs – the main institution of the Romanian State that elaborates and articulates public policies in the field of religious life and the relationship between the State and religions), the Ministries whose activity may concern the development of religious life in Romania and the relationship between the State and the religious denominations (Ministry of Foreign Affairs, Ministry of Education, Ministry of Investment and European Projects, Ministry of Labor) and last, but not least the local public administration (Mayor’s Office, Local Councils, County Councils etc.). Romania has a dynamic religious life, where religious denominations are very active in society through a large number of social, educational, cultural projects with which they contribute to the common good of society. Romania has the opportunity to be a country where interethnic and interfaith peace reigns, where there are friendly relations and cooperation between religious organizations both locally and central.

Protejarea drepturilor minorităților prin aplicarea principiului multiculturalismului la nivel european

Author(s): Mădălina-Elena Mihăilescu / Language(s): Romanian Issue: 04/2022

Today's Europe is far from being a Europe of stereotypes, of boring uniformity, but it is considered to be an interesting mosaic of nations, traditions and cultures that constructively interfere every day. In our opinion, cultural diversity is at home in a Europe „of nations", where everyone fights more or less visibly to maintain their own state and cultural identity, thus militating for „diversity in unity". This article will focus on the presentation of the inherent problems related to the ethnic and cultural rights of minorities in various European states and the legislative ways through which various national or European authorities make serious efforts to respect them.

Konstytucyjne uwarunkowania organizacji posiedzeń Sejmu RP w czasie pandemii

Author(s): Piotr Chybalski / Language(s): Polish Issue: 38 (2)/2022

The problem of functioning of the Sejm in time of the SARS-CoV-2 pandemic is currently a matter being, due to obvious reasons, often discussed by Polish legal doctrine. The purpose of the paper was to carry out a dogmatic analysis of constitutional rules with determine the allowed scope of modification or organising plenary sittings of the Sejm, what allowed to draw conclusions regarding the constitutionality of the so-called hybrid model of sittings introduced as a result of the adoption of the amendments of the Standing Orders on 26th March 2020. While a practical value of the model of hybrid plenary sittings, i.e. with a possibility of a remote participation of Deputies, cannot be questioned, the legal solutions in question raise doubts as to their conformity to the Constitution. Still it should be mentioned that there various doctrinal standpoints regarding this matter. A separate part of the paper was focused on the possibilities of reorganising plenary sittings of the Sejm on the basis of general, having been in force for many years, rules of the Standing Orders, i.e. in a hypothetical situation, if no normative changes regarding this issue had been in March 2020.

Consacrarea constituțională a inegalității în republicile comuniste românești

Author(s): Cristian Bocancea / Language(s): Romanian Issue: 1(39)/2023

During the 42 years of "official" communism, Romania had three successive constitutions (1948, 1952 and 1965), which served as the legal basis of the Soviet-style social, economic and political order. The main paradox of these texts was the constitutional enshrinement of inequality between citizens, despite the proclamation of their equality, the criteria for discrimination being private property and political capacity. Thus, the 1948 Constitution established for the first time the 'qualitative' difference between state property (generating general prosperity) and private property (susceptible to nationalisation); in the 1952 Constitution, the owners of private property came to be labelled exploiters and enemies of the people. Finally, the 1965 Constitution heralds the victory of socialist property, ignoring the crumbs of private property, which are harmless to the 'working people'. From a political perspective, communist constitutions forge inequality on the basis of membership of the workers'/communist party (the leading political force of the whole society): citizens who have achieved advanced workers' consciousness form the "vanguard detachment" of society; the others - of the second rank - must follow the communists, enrolled in the great Front of Socialist Democracy and Unity

THE SUCCESSION OF STATES TO INTERNATIONAL ORGANIZATIONS UNDER PUBLIC INTERNATIONAL LAW

Author(s): Titi Sultan / Language(s): English Issue: X/2022

Diplomacy is a permanent negotiation, probing, a way of convenience in relations with the accrediting state or between states with a diversified development. It is the task of diplomats to best represent the mutual interests of the state they represent and of the state to which they are sent, which requires careful and constant information in order to act in accordance with them. From this perspective, participants in international legal relations have a decisive role to play in implementing the basic principles of diplomacy. In order to participate in international legal relations, it is necessary to be a subject of international law, which implies the ability to be the holder of international rights and obligations. A state acquires legal personality from the moment the constituent elements are assembled, provided that most of the consequences of the existence of its personality are subject to recognition in order to take effect from the date fixed by it. The conventional commitment to create a state in fact eliminates the need for recognition, but in this case the state does not exist until the date when its elements are assembled. The expression of the international legal personality is made in the context of the existence of international relations, of relations based on equality and in accordance with the international legal norms. International law is a system of legal rules of coordination, proper to a horizontally organized society. The international personality substantiates the position of the state within the international community. A State shall cease to exist from the date on which one of its constituent elements disappears and, as a result, its status as an international legal person is affected2. Also, a state ceases to be an international person in the event of a merger between two states or the annexation, following a war, the division of a state into several states or the separation from a state of parts that are annexed to the states neighbor. The changes that take place in the leadership of a state, of the dynasty, of the way of organizing the state or of its territory, do not affect the legal personality of the respective state. Among the changes affecting states as international legal entities are: the merger between two states3, the partial loss of independence. The international doctrine4 prevails from the point of view according to which in order for an entity to have a state-type legal personality, it is necessary to meet four elements: - the existence of a determined territory; - a permanent population (organized and with a considerable number of members); - a relatively stable government; - the ability to enter into relations with other states.

GENDER EQUALITY AND THE INSTITUTION OF INHERITANCE A COMPARATIVE LAW PERSPECTIVE: INDIA AND ROMANIA

Author(s): Marieta Safta,Prabhpreet Singh / Language(s): English Issue: X/2022

India and Romania are two legal areas between which there are considerable differences, determined by historical, cultural developments and specific traditions, which have left their mark on the evolution of legal norms. From this perspective, the legal regime of the institution of inheritance is one of the most marked by the cultural differences and traditions existing in the two countries, especially when the principle of equality in general and gender equality is at stake. The study aims to explore the constitutional and legal basis of the right to inheritance in the two states from the perspective of the principle of gender equality, revealing both the history of regulations and the influences that global developments in this field have on the regulations and jurisprudence of the two states.

THE LEGAL STATUS OF THE HUMAN EMBRYO. TIME OF CONCEPTION AND TIME OF ACQUIRING PERSONHOOD IN MEDICALLY ASSISTED REPRODUCTION

Author(s): Nicoleta-Ramona Predescu / Language(s): English Issue: X/2022

If we did an imagination exercise and imagined a „person”, how would that person look like? Would it be an adult human being of discernment? A minor with limited capacity for exercising their rights and assuming civil obligations? A child or a new-born? Or maybe even an embryo that has been conceived in a laboratory? Medical technology today has made it possible to have eggs fertilised with spermatozoids in a laboratory and so to create human embryos in an extracorporeal environment. The best-known medical procedure of this kind is in vitro fertilisation (IVF), through which approximately 8 million[2] children were born. There are numerous international legal instruments and national documents that protect human beings and their inherent rights. In a legal perspective, a person is a human being that holds rights and obligations. However, inevitably, a question comes to mind: Can we extend personhood to human embryos too? Can human embryos enjoy the same protection granted within the scope of human rights like any born person does? This article is intended to analyse the complex issue of the legal status of the human embryo, starting with the time of acquiring civil capacity and with the identification of the time of conception in those situations when assisted reproductive technologies such as IVF are involved. The analysis is concerned with the right to life, which is closely connected with the human embryo, as established both in international instruments relevant to the matter of human being protection and in national documents, pursuing to demonstrate that assigning personhood to the human embryo is incompatible with the right to private and family life, the right to life and the reproductive rights. This assertion is supported by a presentation of the relevant case-law.

Ogólnopolska konferencja naukowa imienia Profesora Stanisława Czepity „O pojmowaniu prawa i prawoznawstwa” Szczecin, 25–26 listopada 2021 roku

Author(s): Jakub Cieśla,Patryk Kupis / Language(s): Polish Issue: 39 (3)/2022

Беларусь на перепутье конституционного развития

Author(s): Mihail Ivanovič Pastuhov / Language(s): Russian Issue: 62/2021

The article analyzes the possible options for the constitutional development of the Republic of Belarus. Among them: amending the current Constitution, the adoption of a new Constitution and the restoration of the 1994 Constitution. The author substantiates his approach to the forthcoming constitutional reforms.

CONSIDERAŢII PRIVIND SOLUŢIONAREA LITIGIILOR PROVENITE DIN EXECUTAREA CONTRACTELOR ADMINISTRATIVE DIN ROMÂNIA ŞI DIN REPUBLICA MOLDOVA

Author(s): Constantin Mihalescu / Language(s): Romanian Issue: 02/2023

Disputes arising from the execution of administrative contracts should be given greater attention by the social actors involved. The situation created by the pandemic crisis and the war in Ukraine requires from the legislators in Romania and the Republic of Moldova greater attention to the speedy resolution of such disputes in order not to cause unjustified losses. A plausible opportunity to counteract the effects of the current prolonged crises and help to simplify and expedite the resolution of disputes arising from the execution of administrative contracts can be provided by the reanalysis of the legislation in this field. The Republic of Moldova could take advantage of Romanian legislation if it started from the assumption that the theories and principles that govern administrative contracts in Romania are valid for it. In principle, we consider that, in the case of Romania, through the interpretation, harmonization and reconsideration of art.7, Art. 8 para. (2) and para. (3) of the Administrative Litigation Law no. 554/2004, and of art. 131 C. proc. civ, in which we consider that a legislative intervention is required in order to clarify and cancel the negative consequences for the private entrepreneur, part of an administrative contract, following the procedural defect of not invoking, ex officio, by the court, at the first term, of functional material competence. After such an approach, the legislature of the Republic of Moldova could also be inspired, and could improve and harmonize the provisions of the Administrative Litigation Law no. 793 of 10.02.2000. Anyway, in the Republic of Moldova, by virtue of its status as a candidate country for the EU, many legislative harmonizations will take place, and Romania's experience would be helpful.

POLITICA DE STAT A REPUBLICII MOLDOVA PRIVIND MANAGEMENTUL FRONTIERELOR ŞI COOPERAREA TRANSFRONTALIERĂ. ABORDĂRI PRACTICE

Author(s): Corneliu Radu / Language(s): Romanian Issue: 02/2023

This article summarizes the research of the practical aspects of the implementation of the internal and external policy of the Republic of Moldova regarding the management of the state border, as well as the impact on cross-border cooperation. From the analysis of the role, the place of the state border, the peculiarities of its management within different systems, it is concluded that border security, the stimulation and promotion of cross-border cooperation, as well as the development of the territories of the border areas are interdependent compartments of the state policy of the Republic Moldova, which promotes good neighborly and friendly relations with neighboring countries. At the same time, the success of the policies addressed will essentially contribute to the achievement of the country's strategic objective - joining the European community space.

ОБЛИК ДРЖАВНОГ УРЕЂЕЊА ПРЕМА НАЦРТИМА ПАРЛАМЕНТАРНЕ ОПОЗИЦИЈЕ У КРАЉЕВИНИ СХС У ВРЕМЕ ДОНОШЕЊА ПРВОГ ЈУГОСЛОВЕНСКОГ УCTABA

Author(s): Olga Popović / Language(s): Serbian Issue: 3-4/1987

Two groupings have existed among opposition political parties represented in the constituent assembly of the Kingdom of Serbs, Croats and Slovenians, according to their attitude regarding the solution of the problem of regions or provinces in the common state. The one has been made by the parties which in terms of the general lines of this problem have been more or less close to the conception of Pašić’s radical-democratic government. At the division of the state into districts, they rejected, in principle, any falling back to historical borders, while in the sphere of regulation of relations between the regions and the central power of the state, they opted for the classical form of a unitary state, although with some more decentralisation of the executive branch as compared to the constitutional draft by the goverment. This group has been made by the Farmers’, Socialist and the Republican parties. The opposing side was taken by the National Club (Croatian Community), the Yugoslav Club and the Yugoslav Muslim Organisation. Their drafts had two basic joint characteristics, namely: firstly, all had envisaged large regions whose frontiers were partly corresponding to historical administrative-political entities, while partly they were, in relation to them, changed in concordance to respective national, namely political-territorial community; and secondly, they have prescribed the decentralisation of legislative power favouring the regions, namely provinces, which meant departing from the frameworks of classical unitary state. Thes drafts were, on the other hand, rather dissimilar regarding further position of provinces. First of all, the Yugoslav Muslim Organisation did not provide for the participation of provinces, as such, in enacting of constitution and state laws, which meant keeping in the sphere of decentralisation of power at the lavel of the state-legal autonomy. As opposed to that, constitutional drafts of the National and Yugoslav clubs provided for the participation of provinces in the central legislative and constitutive powers, by which they ensured to the state the character of a federation. However, regarding the real degree of independence of the provinces as federal units, the draft of the National Club went condierably further than that of the Yugoslav Club. This refers, first of all, to the larger number and significance of affairs left over to genuine legislative power of the provinces and, secondly, to considerably larger participation by these units in the constitutive power. This last right of provinces, i.e. the right of participation in the state constitutive power according to the draft of National Club, had to be realized in three ways: (i) by way of constitutional initiative of the chamber where provinces are represented as such, (ii) by a constitutional initiative of the provinces themselves, and (iiii by the right of every province to veto the proposed constitutional changes by which the jurisdiction of provinces is interfered with. By this last power, the draft of the National Club has approached the status of provinces to that of members of a confederation. The draft of the Yugoslav Club, on the other hand, did not leave the frameworks of a federative state with relatively narrow jurisdiction of the member-states, both in the above respect and in relation to the width of own legislative power of the provin ces. Namely, the participation of provinces in the constitutive power ends up with the right of the chamber representing the provinces to propose a change in the constitution in a limited number of questions, as well as with the participation of provincial representatives in the decision-making along the procedure envisaged for enacting the laws and statutes.

Noțiunea de anchetă structurală în cercetarea penală a genocidului, crimelor de război și crimelor împotriva umanității. Corespondențe în Codul de procedură penală român

Author(s): Irinel Rotariu / Language(s): Romanian Issue: 1/2023

The structural investigation is a specific approach of genocide, war crimes and crimes against, focused on aspects that take care of the context of the commission of the acts, preceding the identification of individual perpetrators, with a wide scope, which requires the judicial bodies to collect data relating to. to the social context of the commission of international crimes such as those below, but without limiting them: the pattern of committing the crimes (modus operandi), the military and political power structure involved, the place and time of action, political, legal or military documents, victims, religious, cultural, historical context, economic dynamics.

Saskie sfery prorządowe i saska opinia publiczna wobec Konstytucji 3 maja

Author(s): Henryk Kocój / Language(s): Polish Issue: 2/2022

The article presents a complicated picture of diplomatic relations during the Great Sejm, the adoption of the Constitution of 3 May, and the wars waged in its defence. The axis of the deliberations presented in the paper cover the policy of the Saxon court between 1788 and 1792, which was particularly interested in the situation in the Polish-Lithuanian Commonwealth. This interest stemmed from the fact that the Prince-elector of Saxony, in accordance with the arrangements and the wording of the Constitution, was the heir to the throne and was to take power after the death of Stanisław August. However, the Saxon diplomacy of the period was meandering and indecisive, especially when confronted with the brutal policy of the partitioning powers, especially Russia. The paper, on the basis of a rich source base, shows the causes and analyzes the effects of the Saxon policy, the highly ambiguous attitude of this court and the Saxon diplomacy towards the events in the Polish-Lithuanian Commonwealth as well as the main authors who played a leading role in the desperate situation of the contemporary Commonwealth, which was approaching the spectre of partitions and the prospect of losing its independence.