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Rules and procedures of organization and conduct of local elections


Author: Bădîngă Constantin
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: Victor Popa
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 10 January, 2012
Approved by NCAA on the 5 April, 2012

Abstract

Adobe PDF document – 0.39 Mb / in romanian

Keywords

epresentative authorities, political rights, representative mandate, electoral systems, electoral process, eligibility of the local public authorities, local elections, local representative systems, electoral litigation

Summary

Structure of the thesis: Introduction, 6 chapters, general conclusions and recommendations, bibliography consisting of 177 names, 6 annexes, 186 pages of basic text, 2 tables.

Number of publications on the topic of the thesis: The results of the research are published in 10 scientific works.

Field of study: organization and functioning of legal institutions. This scientific investigation is a comparative analysis of the evolution of concepts, doctrines and legal regulations regarding the organization of local elections in Romania and Republic of Moldova.

Goal and objectives: The main aim of this PhD thesis consists from a comparative study of the doctrinal concepts and legal regulations on rules and procedures in organizing and conducting local elections in establishing local representative authorities in Romania and Republic of Moldova. Scientific novelty and originality: Incorporating a deep scientific analysis of the principles and rules underlying the organization and conduct of elections, especially local elections, the investigation comes to outline general ideas, assumptions and doctrinal concepts, international and national regulations on the regime of local representative. For the purpose of compelling scientific arguments were analyzed in the various international instruments and local government elections, which now have massive influence on the need for rehabilitation of the legislative framework in Romania and Republic Moldova to the EU standards and good practices.

Theoretical significance: The doctoral thesis will be beneficial contributions to deeper knowledge of the principles and rules underlying the establishment and operation of local representative authorities from Romania and Republic of Moldova. Current work is to develop science and public law of Romania and Republic of Moldova, which requires a serious investigation into problems setting up local representative of public authorities following the elections.

Practical value of the thesis: The thesis will enable those who are concerned to study electoral systems to better understanding of the position of local government in a representative system, the specific organization and local elections in Romania and Republic of Moldova. The practical values of the thesis include the following aspects: doctrinal-theoretical, normative-legal and legal-didactic. From doctrinal-theoretical aspect, is based and demonstrated that elections are one of the oldest institutions, moving with the democratic principles of organization and operation of the states. In considering the normative and legislative developments in the legal framework and concepts regarding the organization of local elections, to ensure constitutional electoral rights of citizens and the right of administrative territorial units in Romania and Republic of Moldova to be administered through established representative authorities following local elections. From a legal and academic analysis of election systems, forms of achieving democracy in conditions of political pluralism, representative regime will be of great help in teaching science process, for academics as well as regulations in the various relationships that occur organizing and conducting elections.

Implementation of scientific results: The conclusions and proposals contained in the thesis can offer solutions for modernizing the legal framework in Romania, Republic of Moldova and other countries, and can be used as starting material for a possible further approach the issue on the rules and procedures in organizing and developing elections local requirements and European practices.