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Particularities of the right to citizenship in national regulations and comparative law


Author: Darii Victoria
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2021
Scientific adviser: Veaceslav Zaporojan
doctor, associate professor (docent), Moldova State University
Institution: University of European Political and Economic Studies "Constantin Stere"

Status

The thesis was presented on the 26 November, 2021 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.87 Mb / in romanian
Adobe PDF document0.79 Mb / in english

Thesis

CZU 342.71(043.3)

Adobe PDF document 1.33 Mb / in romanian
183 pages


Keywords

Constitution of the Republic of Moldova, right to citizenship, ius sanguinis, ius solis constitutional guarantees, acquisition of citizenship, ways of acquiring citizenship, international standards, institution of citizenship, equality in social life, evolution of the right to citizenship

Summary

DARI Victoria, „Particularities of the right to citizenship in national regulations and comparative law”, PhD thesis, Chisinau, 2021 Thesis structure: introduction, four chapters, general conclusions and recommendations, 163 pages of basic text, bibliography of 188 titles. The obtained results are published in 7 scientific papers. Keywords: Constitution of the Republic of Moldova, right to citizenship, ius sanguinis, ius solis constitutional guarantees, acquisition of citizenship, ways of acquiring citizenship, international standards, institution of citizenship, equality in social life, evolution of the right to citizenship. Thesis’s goal and objectives: The work’s goal involves analyzing the degree of research on the issue of the right to citizenship as a fundamental right of the person in the literature of the Republic of Moldova and other states, how to acquire this right, which not only establishes a person's membership in a state, but also the fact that this person enjoys all the rights and obligations enshrined in the Constitution. Achieving the proposed goal involves identifying reservations to increase the degree of direct applicability of constitutional rules in the process of realizing this fundamental right, including by streamlining access to social security, acquired by obtaining the right to citizenship of a state; research of the system for regulating the guarantees of the right to citizenship, against the background of determining its component elements; highlighting the role of international practice in ensuring the proper application of guarantees of the right to citizenship. Studying the institution of the right to citizenship, its guarantees and limits, as elements of constitutional law, subjecting to expertise the compatibility of national and international constitutional limits in the field of protection of the right to citizenship with the rules of the ECHR Convention and ECtHR case law, arguing changes to adjust rules national to international ones. Scientific novelty and authenticity: Scientific problem solved lies in identifying the gaps, as well as the constitutional elements of regulation and legal protection of the right to citizenship, multiple citizenship in the Republic of Moldova, which determined the substantiation of interventions modeled on the advanced experiences of European states, with proposals for completion of the norms that provide for the acquisition of citizenship, as well as the right to hold more citizens with direct impact on the realization of social guarantees of this fundamental right, completion or extension of the scope of guarantees established at constitutional level. The results obtained: These results gained are determined by the purpose of researching the conceptual landmarks of the constitutional norms that form obligations to protect the right to citizenship, as one of the fundamental rights, derived from the approach to the problem, from the very nature of the research object. Thus, the scientific novelty is represented by the research of the evolution of citizenship and the particularities of the right to citizenship in its evolution from its origin until now, how it has developed and improved, with the perfect framing in the international regulations on citizenship. Theoretical significance: The deductions formulated in the paper will contribute to the development of Constitutional Law, especially in the study on the mechanism of obtaining, granting, withdrawing citizenship. The investigation of the right to citizenship as part of the system of fundamental human rights and freedoms, guaranteed by the Constitution, achievable from the point of view of historical evolution from a comparative perspective with the elaboration of answers to the problems a modern constitutional attitude at national and international level. The research results can be used to develop synthesis works, not only for Constitutional Law, but also for International Law, the national and international mechanisms having a close connection in terms of compliance with the rules of obtaining, granting, withdrawing citizenship. The applicative value: It consists in streamlining the applicability of the constitutional guarantees of the right to citizenship, by creating a certain theoretical and practical basis that can contribute to producing direct effects to protect the right to citizenship as an essential and fundamental right of any individual as a distinct person. Implementation of scientific results: From theoretical and scientific viewpoint it has been outlined and analyzed the content of the constitutional and international guarantees of the right to citizenship, applicable in the legal system of the Republic of Moldova, is outlined and analyzed. they were used in publishing scientific articles, as well as in the activity of juris consult.