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The constitutional guarantees of the right to free expression of the opinion


Author: Terzi Nicolai
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:2015
Scientific adviser: Victor Popa
doctor habilitat, professor, Free International University of Moldova
Institution:

Status

The thesis was presented on the 24 April, 2015
Approved by NCAA on the 28 May, 2015

Abstract

Adobe PDF document – 0.95 Mb / in romanian

Thesis

CZU 342.722(043.3)=135.1 S 47

Adobe PDF document 0.84 Mb / in romanian
145 pages

Keywords

expression of the opinion, pluralistic democracy, multiparty system, freedom of association, meetings, demonstrations, referendums, media, defamation.

Summary

Key words – expression of the opinion, pluralistic democracy, multiparty system, freedom of association, meetings, demonstrations, referendums, media, defamation.

Department of study - 552.01 - Constitutional Law;

Scope of research - to carry out the research of a fundamental right in terms of its influence on developing and building the rule of law; to identify and analyze constraints, weaknesses and legislative loopholes in the realization of the right to free expression of the opinion;

Objectives of the research:to analyze the degree of compliance and consideration of freedom to express opinion in Republic of Moldova; to perform some conceptual clarification on political pluralism components; to identify material and formal elements of freedom to express the opinion; to analyze the international and national framework of regulation the freedom of expression of the opinion; to consider possible restrictions on the right to express the opinion; to examine the relationship between the right to express the opinion with other fundamental rights and freedoms; to examine the legal means of enforcement in cases of non-compliance of the right to express the opinion; to develop some recommendations scientifically argued;

Scientific novelty of the work: multidimensional elucidation of the issues related to the realization of the right to free expression of an opinion, it is a theme of undeniable practical and theoretical actuality, with practical implications in the context of strengthening citizen’s participation in public decision-making process by the expressed opinions, especially on governance; significant number of scientific conclusions and recommendations on the relationship between state and citizen in contemporary societies in the area of free expression of opinions and dissemination of information; suggestions of ferend law on improving the legal framework in Moldova in the mentioned field.

Important scientific problem addressed in constitutional law. Identification of possible abuses and restrictions on the expression of the opinion in the correlation with the International and national legislation in Republic of Moldova; Proposal of some scientifically argued recommendations to improve the identified deficiencies in the practice of realization and respecting the right to express the opinion.

Theoretical significance and applied value of the work. Scientific analysis of the organization and respecting the right to free expression of the opinion in Republic of Moldova, the proposals on the necessity to improve the identified deficiencies in the practical realization and respecting the right to express the opinion will help to strengthen the methods and rules how to apply the principles of pluralist democracy and transparency, as well as to further development of science in constitutional law.

Implementation of scientific results. The author of the research proposed some recommendations on improving the legislative framework in order to achieve unhindered right to free expression of opinion. The thesis will be used in the science curriculum for academics, PHD, masters and students, and for all who are interested in issues of efficient realization of the right to free expression of the opinion.