Constitution Of Romania Research Articles

Tactical rules for ambush

The police plays a significant role in the institutional organization of a State, holding the difficult but also delicate mission of maintaining order and public safety, defending citizens' rights and liberties. Because from the beginning, among the needs of the first existing communities was also the need for safety, although over the years, this aspect has been addressed in several ways, this need has always been associated with the duties of the police. In specialized literature, literary critics approached this theme, as it is the essential activity for society, in order to maintain order and public safety. There are also regulations, such as the Constitution of Romania, which deals with stalking from the perspective of the obligations of specialized institutions. Reading several articles and focusing on the tactical rules, I learned that over the years in the practical activity of the police it often happens that they pay "tribute" due to non-compliance with the tactical rules, or the carelessness with which these were treated rules, thus paying with his life. In this sense, in the first chapter, the work aims to present the tactical rules regarding the execution of the ambush, thus aiming at the insufficiency of the works dealing with this subject, a better knowledge of the tactical rules, at least from the point of view of the execution of the ambush.

Aspecte juridice ale exercitării funcției publice în cadrul sistemului național de apărare

"The development of the attributions of the public authorities that play a significant role in the functioning of the national defence system is achieved through human resources. The legal regulation of human resources used by the national defence system offers a wide diversity that includes both militarized categories of personnel and those with civil status. This approach distinguishes the category of civil servants, with or without special status, who work within the central and territorial authorities of the national defence system. Starting from the provisions of the fundamental law, the Constitution of Romania, the analysed regulations take into account provisions of The Administrative Code, The Statute of Military Personnel, The Law on the Preparation of the Population for Defence, The Law on the Remuneration of Staff Paid from Public Funds, which, together, give particularities to the integrated implementation, through human resources, of the functions of the national defence system."

Legal Aspects of the Exercise of Public Service

"The development of the attributions of the public authorities that play a significant role in the functioning of the national defence system is achieved through human resources. The legal regulation of human resources used by the national defence system offers a wide diversity that includes both militarized categories of personnel and those with civil status. This approach distinguishes the category of civil servants, with or without special status, who work within the central and territorial authorities of the national defence system. Starting from the provisions of the fundamental law, the Constitution of Romania, the analysed regulations take into account provisions of The Administrative Code, The Statute of Military Personnel, The Law on the Preparation of the Population for Defence, The Law on the Remuneration of Staff Paid from Public Funds, which, together, give particularities to the integrated implementation, through human resources, of the functions of the national defence system."

CONSTITUTIONAL STATUS OF NATIONAL MINORITIES IN ROMANIA

There is no purely ethnic state in Europe, so the constitutional regulation of the tatus of minorities is a necessity. The Constitution of Romania, within the general principles of the constitutional system, regulates the right to preserve, develop and express the ethnic, cultural, linguistic and religious identity of national minorities. These regulations set out the framework within which other constitutional provisions relating to the status of such persons and the general limits imposed to the legislator in defining it, should be laid down.

Changing Accusation in the First Instance: One Step Forward in Criminal Procedure Law

Changing the deed's judicial qualification - as a form of changing accusation in the first instance - is a procedural institution, regulated by the Code of penal procedure of Romania. It may be ordered by the court of law, either ex officio or at the parties and prosecutors' demand. In accordance with Article 386 (1) Code of penal procedure, there are two possibilities regarding the changing deed's judicial qualification, beyond providing it to the parties involved in the penal case. One of these implies the defendant's right to require the judgment postponement, while the second refers to the defendant's right to require a new term of judgment in order to prepare the defense along with the lawyer, either appoint by the court of law or designed by the defendant. In this procedural context, the court of law must respect the defendant's rights during the penal trial, including the right to defense, as it is regulated by the Code of penal procedure and the Constitution of Romania as well. Some legal consequences are based on the procedure of solving penal cases, as pointed out in the current review literature.

A nemzeti kisebbségek jogainak érvényesülése a román alkotmánybírósági esetgyakorlatban

The constitutional provisions concerning national minorities are listed in triple perspective in the Constitution of Romania, namely as fundamental principles, fundamental rights and part of the organisation of the state. In addition to the constitutional provisions, there have been enacted provisions having the force of law that regards the rights of the persons belonging to national minorities. These laws or parts of them – in most of the cases – have been under constitutional review and in this context the Constitutional Court decisions defined and pointed out the significance and the sphere of applicability of the rights of national minorities. This study presents the constitutional provisions regarding the rights of national minorities, the Constitutional Court of Romania, its constitutional powers and its relevant case law developed in the aforementioned field.

Fundamental principles applied in the right of local territorial collectivities

In the present context, the governance of local territorial collectivities based on fundamental principles is an indispensable attribute of democracy. The article deals with the application of fundamental principles in the organization and functioning of local territorial collectives in Romania. When we talk about fundamental principles, we have in mind the principles of local autonomy, decentralization of public services, subsidiarity, legality, consultation of citizens in local issues of particular interest. At present, these principles are governed by the Constitution of Romania, but are also developed by specific regulations, thus giving up a hierarchical and unified administrative structure and granting some autonomy to local authorities who will have the right to exercise their powers in issues related to the local community. The principles referred to are called to ensure the proper functioning of local communities, their dynamic development in economic, social, cultural environment. Analyzing the evolution of the European and world governance in the last few years, it is noticed that a certain tendency of organizing and functioning of the local territorial collectivities has emerged on the basis of these fundamental principles, the collectivities being assigned, through the local or county authorities, prerogatives, accompanied by financial resources to better solve the problems faced by people in local communities and implicitly to provide them with performing services.

Jurisprudence Of The Constitutional Court Of Romania On The Adoption Of Emergency Ordinances

Although executively, to the Government is conferred by art. 115 of the Constitution of Romania a series of legislative provisions. This justifies the issuance of emergency ordinances in the context of the need for the exercise of power. However, the principle of separation in the state is not affected by legislative delegation, but this phenomenon is necessary for the purpose of carrying out, by the Government, a more dynamic activity in terms of simplifying the procedures for approving the laws when necessary. In this respect, the present paper aims at reporting some justifying elements demonstrating the necessity of the constitutional text of art. 115 of the Romanian Constitution. How to cite: Ungureanu, C., & Nesteriuc, O. (2017). Jurisprudence of the Constitutional Court of Romania on the Adoption of Emergency Ordinances. European Journal of Law and Public Administration , 4(2), 76-82. https://doi.org/10.18662/eljpa/16

Constitutional Court of Romania: The Constitutionality of the Citizens’ Initiative for the Revision of Article 48 (1) of the Constitution (‘Family’)

Abstract The Constitutional Court found that Article 48 of the Constitution of Romania enshrines and guarantees the right to marriage and family relations resulting from marriage, apart from the right to family life/respect for and protection of family life, a concept with a much broader legal content, which is also embodied and protected by Article 26 of the Constitution. Insofar the analysis is limited solely to the scope of the right to marriage, the proposed amendment of Article 48 of the Constitution, ie replacement of the words ‘of the spouses’ with the words ‘between a man and a woman’, constitutes a mere indication as regards the exercise of the fundamental right to marriage, namely the specific determination of the fact that marriage is concluded between partners of different biological sex. The amendment proposed is not likely cause the disappearance, removal, deletion or cancellation of the concept of marriage. Furthermore, the safeguards of the right to marriage, as enshrined in the constitutional text of reference in its original form, remain unchanged. Therefore, the initiative for revision of the Constitution is constitutional in respect of the provisions of Article 152 of the Constitution, as it does not remove the right to marriage or the safeguards thereof and it does not bring into question any other limit on matters of revision.

The Role of the Military Courts in Punishing the Crimes Committed by Military Personnel

Abstract Having a long tradition in the system of judicial organization in Romania, the military courts represent a category of courts specialized in the prosecution and punishment of the deeds committed by the military. In the context of satisfying the public interest and of the protection of the fundamental rights and freedoms of the citizens, the role of the military courts has always been a strongly individualized one and should, at first sight, enjoy a wider recognition. However, the reforms required by the implementation of the new codes, the Criminal Code and the Criminal Procedure Code, bring into discussion significant restructuring and side with a demilitarization of military courts, required by a better streamlining of the judicial system and by a more adequate implementation of the guarantees of independence and impartiality stipulated by the Constitution of Romania.

Constitutional Court of Romania: Constitutionalization of the Obligations under International Treaties and European Union binding Acts

The Constitutional Court of Romania assessed that the right to measures of social protection provided by the Constitution has to be interpreted in the light of the international treaties to which Romania is a party. As a result of this interpretation of the Constitution, the aforementioned fundamental right comprises the right of the employees to information and consultation in the event of collective redundancies. Moreover, the Court held that the failure of the legislative to comply with certain obligations of constitutional relevance that are incumbent on as the result of Romania’s accession to the European Union is in breach with the Constitution of Romania.

Constitutional and Legal Foundations of Local Public Administration in Romania

The article analyzes the constitutional and legal foundations of local public administration in Romania. It appears, therefore, that the local public administration built on the principle of local autonomy benefits from a general regulation starting from its explicit recognition by the constitutional text and continuing with the development of its legal status in different regulations of organic or ordinary character. The Constitution of Romania, adopted in 1991 and revised in 2003, established the constitutional foundation of local public administration, establishing the principles under which the administration of local communities is organized and functions, how the territory of the state is divided, the authorities exercising local autonomy, as well as the body exercising the control of administrative tutelage over the acts of local public administration authorities. The constitutional norms valued as principles allowed the subsequent adoption of regulations that develop and strengthen the status of existing local communities within the administrative-territorial units in Romania.

Diskursivní rovina sporu o volební reformu v Rumunsku v roce 2012

This article deals with the argumentation between opponents and advocates of the electoral reform which was approved by the Romanian parliament in May 2012. The text discusses the validity of the arguments raised by both sides of the dispute. For this purpose, the text considers only parliamentary debates and the argumentation of the Constitutional Court. The author employs arguments from the fields of political science and law to discuss the three main areas of the dispute. These are the representativeness of the intended electoral system, the number of elected representatives, and the timing of the electoral reform. The analysis concludes that the arguments to support each of the two main forms of electoral system – majoritarian and proportional – were used correctly. However, the arguments in favour of each system sometimes omitted important disadvantages connected with that system. Although the Constitution of Romania allows wide-ranging changes to the electoral system, the omitted consequences have to be taken into consideration. The text supplements discussions on electoral engineering with a focus on the constitutionality and validity of the arguments raised during the debate. From this perspective, it is necessary to take into consideration not just the mechanical effects of the electoral system but also its possible broader impact.

Best Interests of the Child Achieved Through Constitutional Case-Law

Although the Constitution of Romania does not specifically enshrine the principle of the best interests of the child - the relevant constitutional text (Article 49) using the phrase “special protection and assistance”, this principle has been asserted in the case-law of the Constitutional Court and it is currently regulated also in infra-constitutional laws. These laws also establish the main coordinates that must be taken into account upon taking decisions relating to the child (needs for development - physical, psychological, education and health, security, stability and affiliation to a family; child’s opinion, according to age and degree of maturity; history of the child, ability of the parents or of the persons entrusted with child-raising and childcare to meet his specific needs), as well as appropriate safeguards.The jurisprudential benchmarks presented illustrate the issues examined by the Constitutional Court of Romania in relation to this subject matter, its influence on the legislator and, from this perspective, the importance of constitutional justice, respectively the importance of the cooperation between constitutional courts for the realisation of basic rights, in general, and of the best interests of the child, in particular.Venice - 12th meeting of the Joint Council on Constitutional Justice and mini-conference on Children's Rights.

Les révisions de la Constitution de la République socialiste de Roumanie

Revisions in the Constitution of the Socialist Republic of Romania. This article presents the recent modifications in the Constitution of Romania. The changes mentioned essentially concern social and political organizations. For example, the role of the communist party is affirmed by the Constitution as well as that of the United Socialist Front. Modifications were also made in central and local power and in the administration. The position of the parliament remains relatively unchanged, but amendments have been adopted relevant to its composition, the length of tenure and the revocation of its representatives. The State Council has undergone substantial remodeling. Its usual prerogatives are reduced while those exercised "in the place of" parliament are only slightly curtailed. Independent of these changes, the composition of the State Council has greatly evolved in the course of the years. Under the constitutional revision of 1974 the structure of the Council of Ministers is modified although its prerogatives, despite certain amendments, are not restricted to any degree. Under the new system, the respective .presidents of the National Federation of Trade Unions, the National Association of Agricultural Cooperatives, the National League of Women and the First Secretary of the Young Communists Association are on equal footing with the ministers. The most significant change in the state institutions is in the functions of the President of the Republic who becomes the unique chief of State. The importance of the role of the President of the Republic is underlined by the fact that the General Secretary of the Romanian Communist Party has been invested with the fonctions of President. (In enumerating the powers of the President the Constitution qualifies them as "fundamental"; those of the National Assembly, the Council of State and the Council of Ministers also fall under this heading). It may be deduced that ordinary legislation can attribute additional powers to him as well. The evolution in the attribution of power in Romania reflects determination in the conception of the system of State organisms, the role of leadership of the Communist Party and the relationship between the Party and the State.