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The strategy of reforming national legislation in the context of European integration


Author: Stoica Iulian Dan
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2011
Scientific adviser: Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.01-25.12.03
Institute of History of the ASM

Status

The thesis was presented on the 17 December, 2010
Approved by NCAA on the 24 February, 2011

Abstract

Adobe PDF document0.36 Mb / in romanian

Summary

Dissertation structure: introduction, three chapters, conclusions and recommendations, bibliography, consisting of 324 items, 173 pages of main text. The results of the doctoral thesis were presented in 12 (twelve) academic publications. The total volume of publications on the subject is approximately 12 (twelve) scientific papers.

Field of study: European legal research contemporary phenomenon, especially its regulatory function in the context of the huge work of reform and modernization of national legislation during the pre-accession, accession and post-accession candidate countries for accession to the European Union, dealt through terms of content, principles and requirements of harmonization regarding the European federal law.

Goal and objectives of the work:they have been tempered by the need to identify and outline the essential elements of the theory and practice of legislative reform, to analyze the solutions, techniques and procedures adopted for the complete assimilation into national law union Acquis and to ensure harmonization and against natural law and correlation between the dynamic system of normative acts in force at the time of accession.

Novelty and originality of this thesis: consist of nine conceptual approach to the issue of takeover and implementation of union rights in law, in the identification, formulation and process development milestones of the main arguments for restructuring the legal system, economic and social environment of a state adheres European Union, the emerging theory of a real right of accession, and the crystallization of realistic and relevant recommendations on ways forward in the new member countries, to avoid mistakes and errors found during the last wave of enlargement.

Theoretical significance: consist in the profound and complex analysis of the research that requires multilateral interpretation of a strategy adopted for the implementation of standards of federal law¬¬¬ into national legislation, synthesizing the basic decisions, stages and methods to change the organizational, methodological and practical framework of legislative reform, expansion and enrichment of theoretical and practical base of research.

The practical value of the work. The contents, conclusions and recommendations of this thesis describe a suitable monographic source, a practical and theoretical guide, a reference for researchers and practitioners, students and teachers, as well as for the institutions of those countries which are in process of legislation reforming in a context of the European integration.

Scientific results implementation. The results of the research are used in the educational process, in particular through the teaching of the subject “Theory of State and Law” and “European law” in the Free International University of Moldova.