scholarly journals Legal and institutional aspects that determine the dialog between public authorities and civil society organizations in the Republic of Moldova (part I)

2021 ◽  
pp. 30-47
Author(s):  
Liliana Palihovici ◽  
Keyword(s):  
Civil Society ◽  
Great Influence ◽  
Historical Analysis ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Public Authorities ◽  
Origin And Evolution ◽  
The Public ◽  
Republic Of Moldova ◽  
The Republic

CSOs are a key component of an open and democratic society as they play a key role in the strengthening of democracy and the rule of law, their dialogue with the public authorities being a precondition for this. By analyzing the development of dialogue between Moldovan CSOs and Central and Local Public authorities (CPA / LPA), I found that PA are not yet fully aware of the value of the dialogue, which is sporadic and guided by certain interests, that do not always coincide with the public interest. The key objective pursued by this research was to review the environment underlying activity and collaboration of the civil society from the standpoint of influence exerted by the internal and external factors that determine the core essence of the social environment, while paving and setting conditions for carrying out activities and collaboration between the civil society and public authorities. The paper aims to prove that more communication and collaboration between public authorities and civil society organizations, will likely result in a more inclusive, qualitative and focused act of governance. The author analyses and presents the existing decision-making systems and its consultation mechanisms with the civil society organizations in the Republic of Moldova, the existing opportunities for CSO’s involvement in the public policy making process and the actual practices. A number of research methods were used in the study, aimed at highlighting the particularities of the dialogue and cooperation between the public authorities (PA) and the CSOs, as part of the act of governance, studying the development over time and the influence of various social, economic and political factors on these processes. Thus, the historical analysis method to research the origin and evolution of the legal framework that regulates the dialogue and cooperation between PA and the CSOs was applied. It included analysis of the relevant laws, regulations and policies, together with existing reports and studies on the subject of research, in the Republic of Moldova. I found that public authorities are not yet fully aware of the value of the dialogue and the political factor is also of great influence, as in recent years there has been an increasing pressure on the civil society. The paper reflects the current situation in Moldova, which can be summarized as follows: a) there are no permanent mechanisms or platforms for cooperation and consultation, open to all. Civil society participation is limited to a small number of CSOs, and there are no incentives for the growth of CSOs. b) LPAs, compared to CPAs, enjoy a much higher level of ,,trust” from the society/community, but they rarely have the resources and skills to conduct a constructive dialogue with CSOs; c) there is a proven reluctance of the LPA/CPA to deepen the dialogue and cooperation with the civil society; d) The culture of participation is very weak as there is no perception that participation is an instrument of change. A number of recommendations in order to address the identified problems are listed.

scholarly journals The Legal Framework for the Promotion and Protection of Human Rights in Cameroon by Non-Governmental Organisations

2021 ◽  
Vol 24 (1) ◽  
pp. 29-45
Author(s):  
Alvine Longla Boma
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Legal Framework ◽  
The State ◽  
African Countries ◽  
Public Authorities ◽  
The Public ◽  
Civil Society Organisations ◽  
Protection Of Human Rights ◽  
The Right

Civil Society organisations play key roles in African countries. This is not an exception in the Cameroonian dispensation. Indeed, the existence and operation of civil societies in this jurisdiction is legitimated by a 1990 law allowing the free formation of associations. Even though the state has the primary obligation to promote and protect human rights, there also exists a plethora of associations with the same interest. This paper is motivated by the state’s wanton failure in ensuring the enjoyment and fulfilment of the right. For one thing, the state has maintained a stronghold on the Civil Society through legislation which gives public authorities a leverage over human rights defenders. Moreover, an analysis of existing legal and institutional frameworks available to allow human rights non-governmental organisations thrive, leaves much to be desired. Findings reveal that though there are adequate laws and institutions which ensure the creation and functioning of Civil Society organisations in Cameroon, there are also contradictory laws which give the public authority an edge over these organisations and allow them to sanction the activities of some human rights defenders under the guise of maintaining public order. We argue that there should be adequate protection offered to human rights defenders as well as the relaxation of laws permitting public authorities to illegally sanction the activities of relevant non-governmental organisations.

scholarly journals The Contribution of the Public Authorities from the Republic of Moldova Towards the Protection and Enhancement of the National Cultural Heritage

2021 ◽  
Vol 27 (41) ◽  
pp. 72-82
Author(s):  
Vasile Comendant
Keyword(s):  
Cultural Heritage ◽  
Ministry Of Education ◽  
Public Authorities ◽  
The Public ◽  
Republic Of Moldova ◽  
National Heritage ◽  
The Republic ◽  
Education Culture ◽  
Relationship Of

Abstract The article analyzes the contribution of the public administration authorities of the Republic of Moldova towards the protection and enhancement of the national cultural heritage. The competencies of the Parliament, the Executive and Ministry of Education, Culture and Research are investigated as central public authorities in the field of national heritage, as well as the attributions of local public authorities in this field. The attention is on the relationship of cooperation between the central public authorities and the local ones in certain areas. It is underlined the contribution of the European Union’s projects towards the reconstruction of some historical value objectives as part of the national heritage. Particular attention is given to the role of cultural heritage in the education of citizens by systematizing the knowledge about national and global cultural heritage.

scholarly journals THE INFLUENCE OF INSTITUTIONS OF A CIVIL SOCIETY ON ETHNOPOLITICAL PROCESSES DURING THE SYSTEMIC TRANSFORMATION OF RUSSIAN SOCIETIES (On the materials of Kabardino-Balkariya and Karachaevo-Circassia)

2017 ◽  
Vol 13 (3) ◽  
pp. 140-151 ◽  
Author(s):  
A I Tetuev
Keyword(s):  
Civil Society ◽  
Social Activity ◽  
Political Stability ◽  
Legal Framework ◽  
North Caucasus ◽  
Public Authorities ◽  
The Public ◽  
Political Processes ◽  
The North ◽  
Social Associations

The author of the article considers the process of formation and development of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia and their influence on ethno-political processes at various stages of modernization reforms in the post-Soviet Russia, analyzes the formation of regulatory and legal framework of non-commercial organization, the stages of development and the structure of civil society institutions in Kabardino-Balkaria and Karachay-Cherkessia. The article covers activity of public authorities, local government and social associations of the republics during the period of growth of centrifugal tendencies in the North Caucasus. The author analyzes attempts to realize various forms of self-determination, to conduct administrative and territorial transformations and considers the factors that negatively affect the ethno-political situation in the region. The author of the article presents the activity of republican institutions of civil society: public chambers, cultural and national centers and associations, youth and religious organizations, mass media, and studies the experience of public chambers in holding meetings where topical issues of socio-economic and public life of the republics were discussed, including those aimed at strengthening of ethno-political stability in the region. An effective form of taking into account the public opinion while developing management decisions is the participation of the Public Chamber in conducting public expertise of draft federal and regional laws. Special mention should be made of the activities of the Public Chamber for prevention of religious extremism. The work on generalization of the activities of religious associations for implementation of social programs and projects aimed at increasing the level of culture of interconfessional and interethnic tolerance among young people is to solve this problem. At the same time, there are some factors that impede the development of civil society institutions in the region. First of all, it is low social activity of citizens and the absence of principled civic position on a number of crucial issues. In conclusion, the author determines main perspective directions of the development of civil society institutions in the region.

scholarly journals State policy in the field of civil society cooperation, executive and local government: legal and managerial aspects

2018 ◽  
Vol 6 (6-7) ◽  
pp. 38-44
Author(s):  
O. V. Turii
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Protective Role ◽  
The State ◽  
Civil Society Organizations ◽  
Public Authorities ◽  
The Rule Of Law ◽  
State Institutions ◽  
The Public ◽  
Common Problems

The article describes the main factors of the development of civil society in Ukraine. Civil society as an independent and self-governing institution can and must play a powerful transformative and protective role in periods threatening for the state. It is thanks to civil society institutions that the state has a chance to escape from the threat of authoritarianism and disintegration through the development of volunteer, charitable and voluntary movements and the example of the Ukrainian state in recent years is another confirmation of this. Interaction of civil society and state institutions should be based on partnership, mutual interest in achieving the goals related to the process of democratization of all spheres of public administration and public life, socio-economic and spiritual progress, and comprehensive protection of the rights and freedoms of man and citizen. It is the state of development of relations between local executive authorities, local self-government bodies and structural entities of political parties, civil society institutions that demonstrates the democratic and publicity of processes and the realism of the steps of the formation of civil society in the regions of the country. An important part of this process is the creation of effective mechanisms for coordinating the communicative efforts of public authorities, which will enable united efforts in solving common problems, avoid duplication of functions, and simplify organizational structure. However, the article analyzes the principles of interaction of civil society organizations with state authorities and their influence on the development of the rule of law, identifies a number of problematic issues regarding cooperation between the authorities and the public, as well as suggests ways of solving problems in the interaction of civil society institutions with state authorities.

scholarly journals Public Audit: The Essence, Structural Elements and Features of Application

2021 ◽  
Vol 10 (525) ◽  
pp. 341-346
Author(s):  
V. Y. Karkovska ◽  
◽  
I. S. Vishka ◽  
Keyword(s):  
Civil Society ◽  
Local Governments ◽  
Social Values ◽  
Legal Framework ◽  
The State ◽  
Civil Society Organizations ◽  
Structural Elements ◽  
Public Authorities ◽  
State Administration ◽  
Business Structures

The article considers the features of interpretation of the term «public audit». On the basis of the researched information (domestic and foreign sources) the authors’ own understanding of the term «public audit» is formed, the features of its use are distinguished. The key structural elements of public audit are formed, which make evident the deviations in the interpretation of the concepts of both public and the State-based audit. The authors have determined, that public audit includes the State-based audit as a indispensable constituent, as far as public audit is carried out by the State, individual business structures, civil society organizations, etc. On the basis of the carried out research, it is specified that subject of implementation of public audit is analyzing and assessing certain areas of activity, namely: activities of public authorities, local governments, and other organizations. For an effective implementation of public audit a proper legal framework as well as a transparent partnership interaction between the civil society and the State administration sector should be formed. In its activities, public audit primarily focuses on the main objects such as social resources (labor, financial, material, natural, intellectual), as well as cultural and social values of citizens. The main purpose of the public audit is to verify the legality, transparency, and, consequently, the efficiency of the activities of the State bodies interacting with civil society which expects such an efficiency. Given this definition, it can be assumed that public audit is a financial instrument for detecting violations, which, in turn, through amendments and recommendations can improve the State administration at all levels, influence the development of institutional structures, achieve a new level of development of social values, optimize the management of the State resources for the benefit of the community.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

MECHANISM OF PROVISION OF SOCIAL SERVICES AS AN ESSENTIAL FACTOR OF SELF-ORGANIZATION OF SOCIETY AND CIVIL INITIATIVE

2021 ◽  
Author(s):  
Kosukhina K.V.
Keyword(s):  
Civil Society ◽  
Social Services ◽  
Self Organization ◽  
Essential Factor ◽  
Public Authorities ◽  
The Public ◽  
The Government

The article is devoted to the analysis of the development of public initiatives in Ukraine, as well as their role in building a dialogue between the government and civil society. The connection of the public initiative with the provision of social services is considered. The interaction of civil society institutions with public authorities is determined.

scholarly journals Brazilian nonprofit organizations and the new legal framework: an institutional perspective

2006 ◽  
Vol 10 (spe) ◽  
pp. 213-234 ◽  
Author(s):  
Mário Aquino Alves ◽  
Natália Massaco Koga
Keyword(s):  
Civil Society ◽  
Nonprofit Organizations ◽  
Social Benefit ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Institutional Perspective ◽  
Legal Concept ◽  
Brazilian Legislation ◽  
Organizational Inertia ◽  
The Impact

The purpose of this study is to understand the impact of the new Brazilian legislation regulating partnerships between the State and Civil Society (Nonprofit) Organizations between 1999 and 2002. The passing of Law No. 9790/99 - known as the Nonprofit Law - created the legal concept of Organizações da Sociedade Civil de Interesse Público - OSCIPs (Public Interest Civil Society Organizations). Based on an exploratory survey, this study, using the Institutional Theory, allowed the analysis of how older organizations (NGOs and traditional social benefit organizations) resisted to the adoption of the OSCIP standard due to organizational inertia, while acceptance of the model was greater among younger organizations, in a clear coercive and normative isomorphic development.

scholarly journals La protección de la lengua castellana en el marco del multiparlamentarismo autonómico: el acceso a la información pública en español en la web oficial de los Parlamentos autonómicos // The protection of the Spanish language in the framework of the regional parliaments: the access in Spanish to the public information on their official websites

2018 ◽  
Vol 1 (102) ◽  
pp. 155
Author(s):  
Ainhoa Uribe Otalora
Keyword(s):  
Mother Tongue ◽  
Public Information ◽  
Legal Framework ◽  
Spanish Language ◽  
Public Access ◽  
Official Language ◽  
Public Authorities ◽  
The Public ◽  
Good Government ◽  
Estudio De Caso

Resumen:La Constitución española establece en su artículo 3 que el castellano es la lengua oficial del Estado, al tiempo que reconoce la existencia de un plurilingüismo. Sin embargo, existen territorios donde los ciudadanos se enfrentan a una situación desigual a la hora de emplear el castellano como lengua vehicular. Esta situación es aún más grave si la desigualdad procede de los poderes públicos. El artículo es un estudio de caso del acceso a la información pública en lengua castellana, no en vano, junto al mandato del artículo 3 CE, el artículo 9 CE obliga a los poderes públicos a publicar las normas (lo que supone publicarlas también en español), al tiempo que el principio de publicidad se vio reforzado por la aprobación de la Ley 19/2013, de 9 de diciembre, de Transparencia, Acceso a la Información Pública y Buen Gobierno, y por las respectivas leyes de transparencia autonómicas, que regulan el acceso de los ciudadanos a la información pública. Dicho acceso a la documentación de carácter público debe hacerse, por ende, en la lengua oficial del país, así como en las lenguas cooficiales en sus respectivos territorios. Por ello, el artículo analiza el mayor o menor grado de acceso en lengua castellana a los documentos que publican ensu página web los distintos parlamentos autonómicos, sean de naturaleza legal, política, económica o de otro tipo. En consecuencia, aquí se realiza un estudio de caso centrado en las seis Cámaras autonómicas con lenguas cooficiales, para verificar el grado de cumplimiento del artículo 3 CE, el artículo 9 CE, y el el artículo 12 de la Ley 19/2013, de 9 de diciembre, de transparencia, acceso a la información pública y buen gobierno. Son los siguientes: 1) El Parlamento Vasco (Eusko Legebiltzarra); 2) el Parlamento Navarro (Nafarroako Parlamentua); 3) el Parlamento Catalán (Parlament de Catalunya); 4) el Parlamento Valenciano (Corts Valencianes); 5) el Parlamento de Baleares (Parlament de les Illes Balears); y 6) el Parlamento Gallego (Parlamento de Galicia). El objetivo último de la presente investigación es abordar unas conclusiones que permitan fortalecer y hacer cumplir el mandato constitucional, así como permitir a los ciudadanos hacer uso de su lengua oficial.Summary:I. Introduction: Approach of the Study Object. II. Legal Approach to the question. 2.1. The article 3 of the Constitution: background and meaning. 2.2. The constitutional principles of multilinguism. 2.3. The regional legal framework of bilingualism 2.4. Jurisprudence on the Spanish language. 2.5. The right to get access to law and public information in Spanish language. III. The praxis of the regional parliaments in the compliance with the article 3CE, the art. 9 CE, and the art. 12 of the Act of Transparency. IV. Conclusions. V. Bibliography.Abstract:The Spanish Constitution establishes in the article 3 that the Spanish is the official language of the State. It also enshrines the existence of mutilinguism in the country. However, there are some territories where citizens face inequalities when using Spanish as their mother tongue. This situation is even harder if the inequalities come from public powers. The article focuses on the citizens’ access to public information in Spanish. In fact, not only the Spanish is the official language (art. 3 CE), but also the article 9 of the Constitution forces the public authorities to publish laws (which means also to publish them in Spanish), as well as the Act of Transparency, Access to Public Information and Good Government (Ley 19/2013) enables citizens to get access to public information (which means to access to the documents also in Spanish). Hence, the articleanalyses the level of public access in Spanish to the documents uploaded on the websites of the regional parliaments. Therefore, it is a case study focused on the six regional parliaments with more than one official language. They are the following ones: 1) The Basque Parliament (Eusko Legebiltzarra); 2) the Parliament of Navarra (Nafarroako Parlamentua); 3) the Parliament of Catalonia (Parlament de Catalunya); 4) the Valencian Parliament (Corts Valencianes); 5) the Parliament of the Balearic Islands (Parlament de les Illes Balears); and 6) the Galician Parliament (Parlamento de Galicia). It will study the level of compliance with the article 3 and 9 of the Constitution and the article 12 of the Act of Transparency, Access to Public Information and Good Government (Ley 19/2013). The aim of the article is to get to conclusions that enable the legislator to strengthen and force the compliance with the constitutional mandate, as well as to empower citizens to use the official language.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

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