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The legal status of non-governmental organizations in democratic states


Author: Ungureanu Ciprian Gabriel
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:2016
Scientific adviser: Anatolie Bantuş
doctor, professor, Institute of History of the ASM
Scientific consultant: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution:

Status

The thesis was presented on the 28 December, 2015
Approved by NCAA on the 25 February, 2016

Abstract

Adobe PDF document – 0.54 Mb / in romanian

Thesis

CZU

Adobe PDF document 1.51 Mb / in romanian
205 pages

Keywords

civil society, pluralism, association, freedom of association, non-governmental organization (NGO), rule of law, legal status, public association, constitution

Summary

Structure. The thesis includes: an introduction, four chapters, conclusions and recommendations, bibliography of 320 titles, 174 pages of scientific text. The scientific results are published in 7 scientific articles.

Goal of the thesis: Aim of this work lies in studying NGOs as main representatives of civil society, for analysis of their legal status and assessing the quality of constitutional and normative regulations. The objectives of the thesis are: to elucidate the role, functions of civil society and the principles of its interaction with state; to develop the content and to argue the role of pluralism as a constitutional foundation of contemporary civil society; to terminological approach the concept of „nongovernmental organization”; to elucidate the role of NGOs as a factor for the development of democracy; to conceptualize the legal status of the person and of NGOs; to interpret the freedom of association as the foundation of the constitutional status of NGOs; to reveal the current legal framework of NGOs in Romania and Moldova, in order to ascertain the quality and contribution that makes to the development of NGO sector.

Scientific novelty and originality. Scientific novelty of the work derives from the attempt: to identify principles of interaction of the state and civil society; to outline the constitutional foundation of civil society; to explain the semantic essence of the concept of NGO and place of such organizations in civil society institutions system; to identify the content of the legal status of NGOs; to draw a parallel between the Constitution and the legal framework that outlines the legal status of NGOs (including comparative aspect: Romania - Moldova).

Important scientific problem solved is to consists in emphasizing the need to strengthen the legal status of NGOs both from Romania, as well as in Moldova, through appropriate amendment of constitutional and legislative framework in force measures absolutely necessary to strengthen civil society and develop participatory democracy in these countries.

Theoretical and practical importance. The results of investigation are beneficial for the ongoing development of the theory of civil society an of rule of law, participatory democracy, theory of organization and functioning of NGOs, and constitutional law. The thesis is a monograph source for researchers in the fields of public concerned with the issue of civil society and NGOs, the mechanism of achieving the interaction between them and the state.

The practical value the work. The results can serve as benchmarks to guide further research the issue being addressed. They can be used in the teaching process as theoretical support for specialized courses. They will contribute to the widening and deepening of theoretical knowledge on the phenomenon of civil society and the role of NGOs in a democratic society.

Implementation of scientific results. The results will be translated into legislation in order to strengthen the legal status of NGOs in constitutional democracies of Moldova and Romania.