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CNAA / Theses / 2012 / July /

Territory as an Indispensable Dimension of the State in Constitutional Law


Author: Lameş Daniela
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2012
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution: Institute of History, State and Law of the ASM
Scientific council: DH 15-12.00.02
Institute of History, State and Law of the ASM

Status

The thesis was presented on the 12 July, 2012
Approved by NCAA on the 9 October, 2012

Abstract

Adobe PDF document – 0.34 Mb / in romanian

Summary

Structure of the thesis: introduction, three chapters, conclusions and recommendations, bibliography consisting of 146 titles, 140 pages of basic text. The results are published in 10 scientific papers in Romania and the Republic of Moldova.

Field of study: constitutional law.

Scope and objectives of the thesis. The purpose of the thesis lies in the complex analysis of current territory issues in the process of societal organization of a state, defining theoretical problems and pointing out the practical elements which outline the transformation of the state structure and administrative organization of territory. In order to accomplish the scope, a set of objectives were set out: classification and typology of state territory; highlight the correlation between state sovereignty and territory, between inalienability, self-determination, territorial integrity and forms of association; administrative-territorial organization of state; legal analysis of state territory; review of legal guarantees and mechanisms of protection of territory stability and security; legal significance of the type of state in determination of internal functions and its integrity; elucidate the correlation between territory and citizenship; analysis of state borders and boundaries; identify mechanisms of territorial dispute settlement.

The novelty and scientific originality of the work lies in the comprehensive approach to interdisciplinary research on current issues of territory in the process of societal organization of the state, defining theoretical problems and pointing out the practical elements which outline the transformation of the state structure and administrative organization of territory. Resolution of scientific issue is resumed to the presentation of conclusions and recommendations on improvement of the legal status of territory in the process of societal organization of the state, especially in state structure and administrative-territorial transformation.

The theoretical significance of the work manifests in the comprehensive analysis of the main features of the state, forms of territorial organization of society and legal regime of territory, the territorial factor is analysed within the framework of external and internal functions of the state.

The practical value of the work resides in providing opportunities for harmonization to important aspects of territory in contemporary conditions of European states: 1) normative-legislative framework – legislative correlation, reform based upon the existent realities, while ensuring the respect for basic principles of rule of law; 2) legal-academic framework – expressing thorough doctrinal aspects by addressing compliance between national and international law; 3) assertion of territorial consciousness, by means of selection of mechanism of maintenance of independence and territorial sovereignty of European states, particularly exemplified by case study of the Republic of Moldova and Romania, in cases of settlement of territorial disputes and discrepancies.

Implementation of scientific results. The scientific results are relevant to implementation considering the prospects and possibilities of improvement of: 1) law-making activity, especially regarding territorial regimes, including the development and enactment of legal regulations which will ensure the prevention of formation of enclaves, similar to the “Palanca” case; 2) scientific-academic support in the development of state and law history and theory courses, of constitutional law, of international law, political sciences and other disciplines studied in legal and humanitarian educational institutions.