scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

scholarly journals The importance of personal safety and human security in the context of the COVID-19 pandemic for the sustainable development of the Republic of Moldova in the European intercultural space

2021 ◽  
Author(s):  
Serghei Sprincean ◽  
Keyword(s):  
Sustainable Development ◽  
Human Security ◽  
Special Role ◽  
Personal Safety ◽  
Association Agreement ◽  
The Sustainable Development ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Individual ◽  
Normative Value

The European intercultural context, especially in the current pandemic, requires the acceleration of modernization of the system of ensuring human security and safety by re-conceptualizing the personal security of the individual, as well as the culture of security and safety. In this context, the concept of human security was developed in direct connection with the theory of the society at risk, in which special role is given to the security of the person. The Republic of Moldova (RM) interacts at institutional, normative, value, civilizational level with the European intercultural space in the format determined including by the Association Agreement of the RM with the EU, signed on June 27, 2014. The priorities of the Agreement are related to the specifics of the Moldovan society, to its modernization needs. Therefore, the sustainable development of the RM, as part of the European space, with new values and perspectives determines a revaluation of the individual’s primary needs, including the need for personal safety and security and for an easier intercultural dialogue in a European intercultural space meant to become a stronghold of harmony, security, development and prosperity.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 14 grudnia 2017 r., sygn. akt K 17/14

2021 ◽  
Vol 1(162) ◽  
pp. 179-191
Author(s):  
Justyna Karaźniewicz
Keyword(s):  
Narrow Scope ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Laws And Regulations

In the commented judgment, the Constitutional Tribunal stated that the provisions of laws and regulations providing for the right of officers of many services to search a person or carry out a personal inspection are inconsistent with the Constitution of the Republic of Poland. The inappropriate division of regulations between laws and sub-statutory acts, violating the constitutional requirement of specifying the principles and procedure of limiting the rights and freedoms of the individual at the level of a law, was rightly questioned. The Tribunal also referred to the obligation to ensure effective mechanisms of protection of individuals against unjustified interference with their rights through the introduction of effective measures of appeal against undertaken actions. Due to the narrow scope of the Ombudsman’s request initiating proceedings before the Tribunal, the consideration was limited only to certain aspects of searches and personal inspection. However, valuable, albeit fragmentary, references to the essence of these activities and their normative shape, desirable from the constitutional perspective, can be found in the judgement.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

Amendment of the Contravention Code or Defiance of the Constitution by the Exceptional Situations Commission?

2021 ◽  
pp. 56-65
Author(s):  
Iulian Rusanovschi ◽  
Keyword(s):  
Public Health ◽  
The State ◽  
Constitutional Court ◽  
State Of Emergency ◽  
Constitutional Review ◽  
Republic Of Moldova ◽  
The Republic ◽  
The Right ◽  
Epidemiological Situation

On 17.03.2020, the Parliament declared a state of emergency on the entire territory of the Republic of Moldova for the period March 17 - May 15, 2020. By the same Decision, the Parliament delegated the Commission for Exceptional Situations with the right to implement a series of measures to overcome the epidemiological situation in the country. However, in the conditions of a functioning Parliament and despite the clear and exhaustive texts of the Constitution, the Commission for Exceptional Situations amended during the state of emergency the Contravention Code, which is an organic law. The amendments specifically concerned the procedure and terms for examining infringement cases brought in connection with non-compliance with the measures adopted by the Commission for Exceptional Situations and the Extraordinary Commission for Public Health. In the conditions in which an organic law can be modified only by the Parliament, it is obvious the unconstitutionality, at least partial, of the Disposition no. 4 of 24.03.2020 of the Commission for Exceptional Situations, but unfortunately, the Constitutional Court is not mandated with the right to submit to constitutional review the normative acts adopted by the Commission for Exceptional Situations. Under these conditions, the state is obliged to identify solutions in order not to allow an authority to adopt unconstitutional normative acts that cannot be subject to constitutional review.

scholarly journals Integration of Republica Moldova to the EU: Real Conditions and Perspectives (the 1990ʼs of the 20th – early of the 21st century)

2018 ◽  
pp. 287-295
Author(s):  
Halyna Melnychuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Development ◽  
Cultural Integration ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Existing Problems ◽  
The Republic ◽  
The Eu

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict

scholarly journals SOCIAL COHESION IN THE REPUBLIC OF MOLDOVA: REALITIES AND PERSPECTIVES

2021 ◽  
pp. 99-109
Author(s):  
MOCANU Victor ◽  
MALCOCI Ludmila ◽  
MOCANU Angela
Keyword(s):  
Social Cohesion ◽  
Social Inclusion ◽  
Social Trust ◽  
Social Solidarity ◽  
Sociological Research ◽  
The European Union ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Theoretical Approaches ◽  
The Republic

Strengthening social cohesion is one of the main directions of the Moldova 2030 strategy. At the same time, the Association Agreement between the Republic of Moldova and the EU stipulates social inclusion, poverty reduction, social cohesion, sustainable development and improving the quality of life as social policy priorities. This article analyzes the theoretical approaches of the concept of social cohesion and presents the results of sociological research on social cohesion in the Republic of Moldova conducted in 2020. The sample includes 1202 respondents and is representative by place of residence (urban / rural), sex, age, level of education. The qualitative study included interviews with 90 experts, representatives of local public authorities, NGOs and the private sector and 3 focus groups. The research was carried out within the project “Training and strengthening social cohesion in the Republic of Moldova in the context of rapprochement with the European Union”. As key aspects of social cohesion were analyzed: self-identification of the degree of belonging of Moldovan citizens to the Republic of Moldova, perceptions of solidarity with other citizens, social trust, participation and inclusion of citizens in political, social and economic processes. The research results showed that the level of cohesion and social solidarity in the Republic of Moldova is quite low. The COVID-19 pandemic has deepened social distancing, uncertainty about the future, poverty and the marginalization of certain groups of the population and has further contributed to lowering the level of social cohesion.

scholarly journals Calon Perseorangan dalam Pemilihan Umum Kepala Daerah

2014 ◽  
Vol 4 (01) ◽  
pp. 112-135
Author(s):  
Sri Warjiyati
Keyword(s):  
Political Institutions ◽  
Political Party ◽  
General Election ◽  
Local Election ◽  
Individual Candidate ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Independent Candidates

Abstract: This article discusses the individual candidate in the general election of regional head in political jurisprudence perspective. Before the Mahkamah Konstitusi’s decision No. 5/PUU-V/2007 pointed out, the individual candidate could have enter the two political institutions; first, in the 2004 general election, the individual candidate competed to get into the institution of the Regional Representative Council of the Republic of Indonesia; second, Undang-Undang No. 11 tahun 2006 regarding with the Government of Aceh where the individual candidate could compete with the candidates promoted by the national political party in electing the regional head in all over Aceh. The decision of Mahkamah Konstitusi No. 5/PUU-V/ means that the local head election held in various regions can include the individual independent candidate. In political jurisprudence perspective, mechanism of the individual candidacy in the election has already in accordance with the concept of maslahah al-‘ammah ie. hifdz al-ummah.  In this case, any of the individual independent candidates who nominate themselves as the regional head cannot be discriminated and they deserve the right to nominate to be in line with the Mahkamah Konstitusi’s decision.Keywords: Candidate, individual, local election, jurisprudence, siyasah

scholarly journals Freedom of expression and protection of personal data on the Internet: The perspective of Internet users in Serbia

2020 ◽  
Vol 15 (47) ◽  
pp. 5-34
Author(s):  
Marta Mitrović
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Individual Responsibility ◽  
The Internet ◽  
Snowball Sampling ◽  
Internet Users ◽  
The Republic ◽  
The Government ◽  
The Individual ◽  
The Right

The paper examines the views of Internet users concerning the protection of their rights on the Internet. The Web survey, conducted by the snowball sampling, included 783 Internet users who expressed their views regarding the ways the state (Serbia) and private agents (Facebook and Google) relate to the right of freedom of expression and privacy on the Internet. Also, the survey was used to examine the individual responsibility of users when it comes to the use of Internet services. Several hypotheses suggested that Internet users in Serbia do not have confidence in the country and private actors on the issue of protecting their rights. However, users also do not demonstrate a satisfactory level of individual responsibility. The most important findings indicate that: 1) only one-sixth of the respondents consider that the Government of the Republic of Serbia does not violate the privacy of Internet users; 2) almost half of the respondents do not feel free to express their views criticizing the government; 3) almost 90% of users are not satisfied how Facebook protects their privacy, while it is 1% lower in the case of Google; 4) a third of respondents answered positively to the question whether they had read terms of use of the analyzed companies, but half of them did not give a correct answer to the main questions; 5) only 8.9% of respondents who claimed to have read terms of use are aware of the fact that Facebook shares their data with third parties.

scholarly journals THE TRADITIONAL MOLDOVAN DWELLING FROM THE SEC. XVIII-XX FROM THE PERSPECTIVE OF THE CONSTRUCTION MATERIALS AND SOLUTIONS USED

2021 ◽  
Vol 4 (3) ◽  
pp. 71-78
Author(s):  
Maria-Liliana Marian ◽  
Keyword(s):  
Residential Buildings ◽  
Local Population ◽  
Construction Materials ◽  
Vernacular Architecture ◽  
Instructional Materials ◽  
Architectural Heritage ◽  
Republic Of Moldova ◽  
The Future ◽  
The Republic ◽  
The Individual

The article represents a research of the traditional houses from the Republic of Moldova specific to the period XVIII - XX centuries. Life, always conditioned by life, is a major program that, in the vernacular architecture of the Republic of Moldova, plays the role of the function of continuity. The main objectives of this article are to bring in heritage practice, beneficial information, both for the historical monument and for architects, specialists and the general public interested in the future of heritage objects, locally or nationally and how they influence the factors of decision involved. The slow transformations, recorded over the last two thousand years, in which we distinguish evidence of its evolution, are the result of slow transformations, both of techniques and instructional materials, as well as of the specific occupations and way of life sec. XVIII - XX. Starting from the semi-buried dwellings, the surface houses with a single level, constituted the architectural solutions with the widest spread on the whole territory of the country, until the middle of the century. XX. The architecture of traditional residential buildings - plan, size and appearance - were influenced by physical, social, historical, geographical conditions, the natural environment and the specifics of the household. The knowledge of the architecture of the traditional house contributes to the reconstruction of some aspects of the ancient culture, inextricably linked to the problem of the continuity of the local population on these lands. In the architecture of the traditional house, the normative thinking, common at the technical level of the society, is combined with the adaptation to the individual requirements. The lack of this information, especially important for those interested in the fate of the architectural heritage, can cause serious damage to the historical monument, namely the loss of structural elements, functional and stylistic elements, elements of composition, volume and structure. The ambiguities can distort the real value of the monuments and even the loss of the value of architectural heritage, so the historical monument becomes vulnerable in the future.

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