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The guarantees of realization of the fundamental right to work


Author: Platon Lilian
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:2009
Scientific adviser: Ion Guceac
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 12 December, 2008
Approved by NCAA on the 26 February, 2009

Abstract

Adobe PDF document – 0.32 Mb / in romanian

Keywords

right to work, law, fundamental right, freedom, obligation, liability, legal education, legal culture, legal conscience, constitution, politic system, human rights, citizen rights, principles of state of law, legislation, law gap, legal practice, justice, right to challenge the court, constitutional legislation, jurisprudence, subject of law, parties in the process, guarantee of the person freedom, lawyer status, European legal framework, achievement of right to work, legal assistance, jurisprudence of European Court.

Summary

This scientific paper illustrates the most important theoretical and practical problems regarding the achievement of fundamental human right to work. It is considered to be a complex study of the right to work because it makes a large analysis of national and international legislation and legal practice, as well as research of concrete recommenditations regarding the improvement of legal provisions and activity of public institutions regarding the achievement of work. This theme is an important scientific direction, which examination needs a deep and large research.

The right to work is examined under different aspects and has a complex content. That is why it is not sufficient only to provide the right to work in the Constitution, organic or ordinary laws, but it is necessary to promote a new legal education of the people, a new way of learning the basic elements of legal culture, changing of the population mentality, inclusive of lawyers, and of those who come in front of the courts of law. In the same time, the transition is necessary also for the changing of mentality and attitude of the justice to the right to defense, attitude of judges or prosecutors, and especially of auxiliary staff, court clerk, legal executor etc.

This scientific research makes a comparative study of right to work in different states and law systems, especially in Republic of Moldova and Romania.

The results of the research will be favorable for the permanent development of constitutional law, because it is a complex interdisciplinary study; these results will contribute to the amplification of the theoretical knowledge regarding the role and the place of right to defense and legal assistance in the system of fundamental right to work. This right should be improved, because it is notorious the fact that the present situation of right to work can be characterized by necessity to harmonize some provisions of legal framework with the international principles and to adopt an efficient mechanism of its achievement.

According to our opinion this completed by series of important conclusions and proposals concerning legislative framework and theoretical-practical problems, which will stimulate the follow researches in this domain.