Reflections concerning freedom of occupation in the German legal system

Uwagi o wolności wyboru zawodu w prawie niemieckim

Author(s): Małgorzata W. Greβler / Language(s): Polish / Issue: 05 (1)/2014

Keywords: freedom of occupation; economic freedom

Freedom to choose an occupation is one of the main key categories of the public economic law. The mentioned legal institution is known both: to the Polish and German legal systems, however, the way it is conducted in those countries differs. The signal remarks approaching occupation freedom in German legal system are supposed to help to systematize the knowledge as refers to doctrine our western neighbors.

Gloss to the judgment of 17 May 2012 of Głowna Komisja Orzekajaca in cases of public finance discipline, BDF/4900/45/ 44/12/1149

Glosa do orzeczenia głównej komisji orzekającej z dnia 17 maja 2012 roku BDF1/4900/45/44/12/1149

Author(s): Wojciech Bożek / Language(s): Polish / Issue: 05 (1)/2014

Keywords: budget reserve; responsibility; public finance discipline

This gloss presents the problem of destination of public funds deriving from the budget reserve for any other purpose than that specified in the decision to grant. This issue was analyzed in the judgment of 17 May 2012 of Główna Komisja Orzekająca in cases of public finance discipline and also is particularly relevant to entry into force of the Act of August 27, 2009, the provisions introducing the Act on Public Finances and change art. 12 of the Act of December 17, 2004 on responsibility for violation of public financial discipline. The new solutions that were adopted in the Polish financial-legal system are an expression of the systemic adaptation of the principles of enforcement of responsibility of public finance discipline to the real needs of the public finance sector and should be an effective tool for support of public discipline in the correct use of public funds.

Preserving and Sharing the Common Heritage: the French-German Project "Archivum Rhenanum" (2013-2015)

Préserver et partager l’héritage commun: le projet franco-allemand “Archivum Rhenanum” (2013-2015)

Author(s): Eric Syssau,Joachim Kemper / Language(s): Romanian / Issue: 2/2011

Keywords: Upper Rhine; Medieval History; Digitization; Alsace (France); South-West Germany; Archivum Rhenanum; Charters

Addenda et Corrigenda. On the Quality of the Archival Sources and the Roles of the Author-Creator-Owner of the Documents

Addenda et Corrigenda. Despre calitatea surselor arhivistice și rolurile autorului-creatorului-deținătorului de documente

Author(s): Bogdan-Florin Popovici / Language(s): Romanian / Issue: 1/2012

Particular Ecclesiastic Archives. The Archives of the Greek-Catholic Church in Romania. Case Study: The Archives of the Greek-Catholic Bishopric

Arhive specifice ecleziastice. Arhivele Bisericii Greco Catolice din România. Studiu de caz: Arhiva Episcopiei Greco-Catolice de Lugoj

Author(s): Sergiu Soica / Language(s): Romanian / Issue: 1/2012

Keywords: Greek-Catholic Church in Romania; Ecclesiastic Archives; Ecclesiastic Libraries; Communist Regime

The Romanian Uniate Church was dissolved on December 1, 1948, according to Decree 358, and its libraries and archives were taken by various other institutions, along with all the landed properties and other goods. Besides the decree adopted on December 1, 1948, the stipulations in article 2 of the Decision of the Council of Ministers no 1719 in December 27, 1948, published in Monitorul Oficial no 303 in December 29, 1948, mentioned that “arhivele, documentele, bibliotecile, muzeele şi orice obiect de muzeu ale fostului cult greco-catolic, au trecut, în mod provizoriu, asupra Ministerului Cultelor [the archives, documents, libraries, museums and every artifact of the former Greek-Catholic cult were taken temporarily by the Ministry of Cults”. It was only at the Metropolitan Seat of Blaj where 43,976 books, booklets, and manuscripts – beside newspapers and magazines – were identified when the documents were taken bu the communists. Arabic, Syrian, Turkish, Slavonic, Tibetan were mentioned, along with Timotei Cipariu’s entire library, with its manuscripts and the ancient Romanian prints. One should also mention here the library of the Greek-Catholic Theologic Academy, the library of the Metropolitan Seat, the archives and a series of museum religious artifacts. All these goods, from the Metropolitan Bishopric of Blaj and also from the the Greek-Catholic bishoprics in Cluj, Oradea, Baia Mare and Lugoj were distributed to the Ministry of Cults and Ministry of Arts and Information, the Metropolitan Seat of Sibiu, and the Romanian Academy.

Corrections et ajouts concernant la situation de lʼÉglise du Moldavie dans le premier règne dʼAlexandre Lăpuşneanu

Îndreptări şi completări cu privire la situaţia Bisericii din Moldova în prima domnie a lui Alexandru Lăpuşneanu

Author(s): Iulian Marcel Ciubotaru / Language(s): Romanian / Issue: 1/2012

Keywords: Gheorghie II; Gregory of Neamţ; Treaty on June 22; 1553; Bishop; Alexander Lăpuşneanu

Cet article vise à examiner et à corriger certaines opinions historiographiques sur le début et la fin des fonctions ecclésiastiques exercité par les métropolites Gheorghie II de la Moldavie et Grégoire du Neamţ. Cet études complète la biographie de ces personnages est completée maintenant, après les contributions présentée par Matei Corugă, en 1971, grâce à la relecture des sources documentaires publiées antérieurement, mais avec des erreurs dues à une traduction en langue polonaise du XIXième siècle. Ainsi, nous pouvons savoir, après lʼanalyse du traité moldo-polonais du 22 Juin 1553, que le métropolite Gregoire Neamţeanul occupait, avant dʼêtre nommé métropolit, le siege dʼévêque à Rădăuţi, parce qu'il est attesté dans cette dignité dans ce document. Du point de vue de lʼhistoire ecclésiastique, lʼacte de 22 Juin 1553 est extrêmement important, même sʼil nʼest pas été publié, encore, sans les erreurs signalées tout au long de cet article.

The League against Prejudices under the State Security’s Surveillance. A Short History of an Inter-War “NGO”

Liga contra Prejudecăţilor în vizorul Siguranţei. Scurtă istorie a unui “ONG” interbelic

Author(s): Marius Stan,Mihai Burcea / Language(s): Romanian / Issue: 1/2012

Keywords: The League Against Prejudices; Surveillance; Repression; Communism; Interwar Romania

The study explores the fate of a cultural association in interwar Romania, namely The League Against Prejudices (Liga Contra Prejudecăților). The organization functioned under the aegis of the illegal Communist Party only in 1935 and its role was to disseminate several avant-garde topics such as gender equality and the secular state. Furthermore, it was envisaged as a place where reputed intellectuals of the time would give voice to the association’s main objectives. The League was under constant surveillance by the Romanian authorities due to its political affiliation and a bad reputation caused by its progressive approach in a society marked by traditionalism and agrarianism.

Dereptate Family in the 16th and 17th Centuries. Some Genealogical Details

Neamul Dereptate în secolele al XVI-lea-al XVII-lea. Câteva precizări genealogice

Author(s): Paul-Ionel Nedeloiu / Language(s): Romanian / Issue: 1/2012

Keywords: Family; Boyars; Dereptate; descendants; Properties; Kinship

Attested in the first half of the 16th century, Dereptate family was included among the families of the old Moldavian boyars. Although mentioned later, some of its members can be chronologically placed in the first half of the 15th century. Due to the lack of maleline descendants, Dereptate family was extinguished in the first half of the 17th century century. This family continued through the female line, in Boldescu, Ciocârlie, Buhuş, Bercea, and probably Mihăilescu families. His land properties, including the villages of Dereptate, Cozmeşti and Mirceşti, should have been brought to naught in the 15th-17th centuries. Its kinship with the powerful aristocratic families whose members have occupied important positions in the administration of Moldavia proves that the family took a significant part in the period. Since it seems that it had founded the princely monastery of Probota, a possible connection to the princely family could be suggested.

Addenda et Corrigenda. "Was it or was it not?" - a short answer for Mr. Constantin Razachievici

Addenda et Corrigenda. “A fost sau n-a fost?” – scurt răspuns către domnul Constantin Rezachevici

Author(s): Şerban Marin / Language(s): Romanian / Issue: 1/2012

The Ecclesiastic Archives of the Minorities in Romania. State and Debates

Arhivele ecleziastice minoritare din România. Situaţie şi dezbateri

Author(s): Artur-Lóránd Lakatos / Language(s): Romanian / Issue: 1/2012

Keywords: Archives Fonds; Ecclesiastic Property; Romanian Communism; Archival Legislation; Political Debates

This study represents a synthesis of a current and very delicate topic, that is the right of property over the archival fonds taken by the Romanian state’s Archives during the decades of the Communist regime in Romania. The archival fonds taken successively by the state have been claimed back by several churches, a fact that caused a number of unfinished debates, both sides using legal, political, and professional arguments. Although the topic has been debated in the Romanian Parliament, a conclusive solution has never been identified.

Addenda et Corrigenda. Exercising our Archival Vocabulary

Addenda et Corrigenda. Exerciții de exprimare arhivistică

Author(s): Alexandru Ioan Tămas / Language(s): Romanian / Issue: 1/2012

Ideology, Repression, and the Death Penalty in the Decade before the Adoption of the Penal Code in 1969

Ideologie, represiune și pedeapsa cu moartea în deceniul dinaintea adoptării Codului penal din 1969

Author(s): Radu Stancu / Language(s): Romanian / Issue: 1/2012

Keywords: Death Penalty; Capital Punishment; Communism; Romania

In terms of the death penalty, the first half of the communist period was very dynamic in Romania. Its start was dominated by the issue of dealing with war criminals, which often took a retributive form, a disguised way of punishing the fascists, former political rivals of the communists. In 1949, the legal provisions concerning capital punishment were extended to several economic and political crimes, intended to frighten a large part of the population. The zenith of this policy were the years 1958-1959, when the highest rates of executions of the whole period of 1944-1990 were registered. The leadership change usually determined a policy change regarding the death penalty, accompanied by a revision of the Penal Code. Gheorghe Gheorghiu-Dej, the Stalinist ruler of Romania died in 1965, when Nicolae Ceaușescu became the new Secretary General of the Romanian Communist Party. This revision of the legal frame also took place in Romania, where a new Penal Code was adopted in 1969, increasing the accuracy of the legal provisions and opening, in Foucauldian terms, a more refined era in the history of capital punishment.

“Keep forward!” Slogans in the Communist Press for Children (1948-1989)

“Tot înainte!” Sloganuri şi lozinci în presa comunistă pentru copii (1948-1989)

Author(s): Simona Preda / Language(s): Romanian / Issue: 1/2012

Keywords: Communism; Slogans; Propaganda; New Man; the Periodic Publications

The slogans used over short time are a history of political ideas, a diagnosis of a society. The terms are a concise and clear formulation of some ideas designed to retain attention with a clear propagandistic purpose. The slogan is directed by subtle orality, repeatability, chanting crowd and it is drawn to a more complex forms, can be printed on a poster or a billboard serving more scripted propaganda and political ideals. In other words, the slogan makes an attempt to express the essence of the doctrine of their individuality and originality. The slogans of periodicals for children have contributed to the strengthening of the training system and the acclaimed “new man” of Communism. Through the impact on the masses, the slogans strengthened the political project of communism. From this perspective, media for children (the periodic publications) was no exception and represented itself into a genuine promoter of desiderata regime.

Romanian Archives in Ukraine: The Prefect’s Office of the County of Chernivtsi Fond

Arhive româneşti în Ucraina: Fondul Prefectura judeţului Cernăuţi

Author(s): Radu Florian Bruja / Language(s): Romanian / Issue: 1/2012

Keywords: Archives in Ukraine; Prefect’s Office; Bukowina

The documents included in the Prefect’s Office of the county of Chernivtsi fond that could be found in the State Archive of the Chernivtsi Region (Ukraine) emphasize the role of this institution in the years in which the county of Chernivtsi was a part of the national territory of Romania (1918-1940 and 1941-1944). The part taken by the Prefect’s office could not be understood without the presentation of the relations with other state institutions, trade companies or private associations. The Prefect’s office was created as an administrative superior body of the county on November 12, 1918 according to the temporary law of the Romanian National Council “About the organization of power in Bucovina” replacing the Austrian district administrations. It was subordinated to the Secretary of the Ministry of Interior of Bukowina (1918-1923), the General Directorate of Interior of Bukowina (1923-1925), the Ministry of Interior (1925-1940, 1934-1938), the General Inspectorate of the Regional Administration of Bukowina (1931-1934), the Royal Resident of the County of Suceava (1938-1940) and the Governor of the Province of Bukowina (1941-1944). The Prefect’s office included the county Council, county and prefect representatives and led the political and household life of the county. It also controlled the activity of the administrative institutions (town halls and prices) and supervised the public organization. The Prefect’s office practically ended its activity in 1944, after an interruption between June 1940 and July 1941. The Prefect’s office of the county of Chernivtsi fond includes: orders and circulars of the Ministry of Interior and Health, of the second Ministerial Directory concerning the Prefect’s office’s issues (1919-1940), transcripts of the meetings of the prefect’ office’s commissions and of the communal councils of the county town halls (1919-1940), correspondence with the Ministry of Interior and the Police Station of Chernivtsi regarding the registration of associations and companies (1918-1940), memoirs about the activity of the administrative and political bodies of the county (1941-1944), informative bulletin of the Police Station of Chernivtsi regarding the state of criminality in the county (1934-1939), files regarding the recognition of the Romanian citizenship, the issuing of passports, the issuing of building permits and the opening of industrial enterprises, the registration of companies and civil status of the inhabitants of the region, statistic tables of the epidemic diseases (1919-1940), historical-geographic memoirs of the county (1919-1940), maps of the county, plans of the schools and the industrial enterprises, payment lists for the employees of the prefect’s office, lists of the officials of the county administrative institutions (1941-1944), etc. The fund is registered with the inventory no 15, opis 1-8, having 31,278 files.

Projects of Architecture and Town Planning from the State Archives at Mihai Vodă Monastery

Proiecte de arhitectură și urbanism la Arhivele Statului de la Mănăstirea Mihai Vodă

Author(s): Oana Marinache / Language(s): Romanian / Issue: 1/2012

Keywords: National Archives; Mihai Vodă Monastery; Architect Giulio Magni; Architect Cristofi Cerchez

The article is based on research of the architectural development of the National Archives of Romania. Although many design plans were proposed by various architects such as Vladimir Blaremberg (1811-1846), Xavier Villacrose (?-1855) and Carl Benesch/Carol Beniș (1822-1896), the archives were moved to Mihai Vodă Monastery. The precincts were restored and enlarged on numerous occasions and a new contest was organized in 1885-1886 for a new complex building. Due to financial and urban planning limitations the project of Italian architect Giulio Magni was left aside and at the beginning of the 20th century new reparations and building extensions were carried out by various Romanian architects: Constantin Băicoianu (1859–1929), Nicolae Gabrielescu (1854-1926), Cristofi Cerchez (1872-1955), and Petre Antonescu (1873-1965). These phases are brought to light on the occasion of the research of the documents thus descovering again the contribution of important architects and recovering important moments of a monument that would be destroyed by Ceaușescu in 1985 (only the church and its belltower were moved).

Reviews. Bibliographical Notes

Reviews. Bibliographical Notes

Author(s): Alexiu Tatu,Arcadie M. Bodale,Iulian Marcel Ciubotaru,Mircea Stănescu / Language(s): Romanian / Issue: 1/2012

Philippide – a Greek-Romanian Family

Philippide – o familie greco-română

Author(s): Mihai-Sorin Rădulescu / Language(s): Romanian / Issue: 1/2012

Keywords: Greek Enlightenment; Daniil Dimitrie Philippides; Melies; Philologist Alexandru I. Philippide; Poet Alexandru Philippide

The paper was presented as a lecture in a public meeting of the Chair of Classical and Neogreek Studies of the Faculty of Foreign Languages of the Bucharest University. It contains the genealogy and history of the Romanian branch of the Philippides family, which was originated in Melies, Thessaly, in the neighborhood of the Mount of Pelion. While some members of the family remained in Greece, a nephew of Daniil Dimitrie Philippides – the Enlightened historian, author of the first “History of Romania” – came to the Principality of Moldavia and founded a boyar family whose remarkable descendents have been the philologist Alexandru I.Philippide (1859-1933) and his son, the poet Alexandru Philippide (1900-1979). After studying in Paris and Berlin, the latter settled in Bucharest, where he got involved into the literary life. He published several volumes of poetry and essays and became – after the instauration of the Communist Regime – a member of the Romanian Academy. The article is based on documents of the Record Office of the Vaslui county – documents in the 19th century about the members of the family who were living in the town of Bârlad and its region – and on the Archives of the Romanian Academy, where traces of the philologist Alexandru I.Philippide and of his son, the writer and translator Alexandru Philippide can be found.

Rumänische Schulbibliotheke in Biharer Gespannschaft (19.Jhd.-Anfang des 20ten Jhts)

Biblioteci şcolare româneşti din Bihor (secolul al XIX-lea şi începutul secolului al XX-lea) (II)

Author(s): Mihai Georgită,Radu Milian / Language(s): Romanian / Issue: 1/2012

Keywords: School Libraries; Perish Libraries; 19th Century; Bihor County; Moral Education; Culturalization; Books; Textbooks

Eine grosse Bedeutung für die Schulerziehung der rumänischen Jungen hatte der Buchsverkehr im schülerischen Milieu. Zuerst lässt sich es bemerken, dass der Buchsverkehr ziemlich beschränkt war, besonders in der dörflichen Umgebung. Die zwei rumänischen Kirchen (bzw. orthodoxe und griechisch-katholische) suchten durch alle Mitteln auf, kirchliche Bücher vorwiegend ihren Gemeindemitglidern zu verbreiten. Sowohl die wirtschaftlichen Schwierigkeiten als auch die hohe Analphabetismus-Quote unter Rumänen bewogen nur eine Minderheit der Geistlichkeit und des Lehrkörpers die von der kirchlichen Hiererchie beharrlich empfohlenen Bücher zu bestellen. Deswegen suchten die zwei rumänischen Bistümer andere Mitteln für das Buchsdiffusion auf, insbesondere dasjenige in der rumänischen Sprache, das als ein kulturelles Fortschrittsmittel betrachtet wurde, wenn sich das ungarische Nationalismus immer erbitterter manifestiert hat. Derart tritt ins Dasein die Idee manch parochialer und schulerischer Bibliotheke. Die ersten Statuten der Organisierung der parochialen und schulerischen Bibliotheke sind in 1882 abgefasst worden. Bis zum Ende des 19then Jahrhunderts wurden Bibliotheke in der Mehrheit der orthodoxen und griechisch-katholischen Pfarrgemeinden begründet. Der Buchsbestand dieser Bibliotheke hat trotz der wirtschaftlichen Schwierigkeiten und der politischen Begrenzungen konstant zugenommen. Die Anzahl und die Vielfältigkeit der von diesen Bibliotheken besessenen Bücher waren ein entscheindender Faktor zur kulturelle Emanzipierung des rumänischen Volks.