Revista Drepturile Omului

Nr.2 | 2013 | Vedeti revista aici

I. STUDII, CERCETARI, ARTICOLE

Ion Popescu-Slăniceanu, Isabela Stancea

Contribuția instituțiilor Uniunii Europene la promovarea și protejarea drepturilor omului

Throughout history, European States took after each other as far as administrative issues were concerned and shared certain elements characterizing those administrations; however, the existence of a European public administration does not imply imitation of a model, but some “unity in diversity”. Imitation of a model of administration would mean giving up national traditions, sweeping out cultural diversity, and denying the identity of the rule of law.

One may speak about a specific form of administration at the European Union level if and only to the extent that such a set of activities and institutions are doubled by a number of mechanisms identifying the European citizens' needs, function on the basis of the same or similar principles as a national administration, adopt and apply policies satisfying the social needs, implement them, while also having at their disposal bodies and institutions that evaluate and control how these policies are applied.

Keywords: European public administration, European institutions, fundamental rights and freedoms

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Ramona-Gabriela Paraschiv

Exercitarea drepturilor omului și limitele acesteia

Most international conventions containing provisions on human rights do not extend to the limits of their performance and the correlative duties. In reality, all rights entail obligations and responsibilities of the holders. Beside the obligations of States and international organizations to ensure the conditions required for rights to be respected, there is also the obligation of every individual not to violate the rights of others. In societies politically organized in states, one gives up their natural freedom and accepts a limited one, which should provide safety and the possibility to assert one’s own personality; however, this is equally valid for all persons one has social relations with.

Keywords: human rights, obligations, responsibilities, minorities, international conventions

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Alexandru Jianu

Aspecte privind instituția Ombudsmanului pentru minorități

The Ombudsman is a key institution in a democratic society, capable to offer free and flexible solutions to people's complaints about maladministration or abuses against human rights. At the same time, given the increasing number of complaints and the extension of their thematic area, one single Ombudsman has become insufficient as compared to the bulk of applications submitted to him. The Ombudsman for minorities is foreseen as a type of institution for which extension of its domain of applicability beyond public administration is justified by the very nature of its specialization: protection of the rights of persons belonging to national, ethnic or racial minorities and fighting discrimination.

Keywords: Ombudsman, persons belonging to minorities, public administration, maladministration, citizen, discrimination, non-discrimination

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Irina Moroianu Zlătescu

Executarea hotărârilor Curții Europene a Drepturilor Omului

The decisions of the European Court of Human Rights are effective to the extent they are given due importance by those to whom they are addressed. When the Court decides that one or several provisions in the Convention have been violated, the States involved are bound to take all the necessary measures to comply with the respective decisions. While such compliance is monitored by the Committee of Ministers, the Council of Europe is also interested to monitor the way States enforce the national courts’ decisions.

Keywords: European Court of Human Rights, jurisdictional mechanism, human rights, violation, decisions, execution, control, effectiveness, fair redress

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Mihaela Istrate

Securitatea concept multidimensional

Keywords: national security, human security, international security, insecurity, human rights, conflict, army

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Adrian Bulgaru

Rolul autorităților administrației publice în procesul de integrare a străinilor care au dobândit o formă de protecție din partea statului român

Integration of foreigners who obtained a form of protection in Romania is a dynamic process implying both the efforts of the authorities having responsibilities in the field and the foreigners’ willingness to adapt themselves to the rules and the values of the adopting country. The social integration of these persons involves the close collaboration of the ministries, the labour employment agencies and the local public authorities. Foreigners who obtained one of the protection forms provided by the Romanian State enjoy civil, political, economic, social and cultural rights, as well as equal treatment as compared to the Romanian citizens. Education, as pointed out in the position of the UNHCR, facilitates integration of foreigners in the receiving country.

Keywords: public authorities, integration process, form of protection, inter-institutional cooperation

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Tudor Grigoraș

Controlul judiciar asupra administrației publice. Contenciosul administrativ (partea a II-a)

Administrative matters of law, regulated under Law No. 554/2004, evince a number of characteristic features. This type of control comes after adoption or implementation of the administrative act, while it checks legality of already taken measures, not measures to be taken in the future. At the same time, the judicial control has a subsidiary nature for it is only carried on following an attempt to restore legality, based on a complaint, in the form of gracious appeal or hierarchical appeal. It is a control over legality, not over appropriateness, which means that the court shall reject the petitioner’s lawsuit if it is based on inappropriateness of an administrative act. Also, this form of control is exercised both over administrative certificates of authority and public administration contracts.

Keywords: administrative act, public authority, public institution, preliminary proceedings, judicial control

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II. DOCUMENTAR JURIDIC