“新闻与公法视角”

E. Ştefan
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摘要

自3世纪罗马法律专家乌尔比安(Ulpian)最早将法律划分为公法和私法以来,跨学科性作为法律的一个基本特征目前已经变得值得注意。我们最近面临的可轻易被视为“危机”的特殊流行病局势再次表明,提及社会问题时,不仅要诉诸法律,而且要诉诸伦理和道德。由于基本权利在短时间内受到限制,公共当局常常发现自己处于为人民作出行政决定的地位,这受到绝大多数人的反对。本文讨论了一个当前的热门话题,即考虑到跨学科性,我们现在可以谈论新的公法吗?如果是这样,我们该如何处理旧的律法呢?我们应该抛弃它还是重建它?本文采用专门针对法律的研究方法来回答这些问题,以便强调这些结论,根据这些结论,公共当局执行的善政措施必须既体现法律的文字,又体现法律的精神,同时考虑到社会的普遍利益。关键词:公法;公共利益;欧洲专员;管理不善;威尼斯委员会。
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News and Perspectives of Public Law
Since the earliest classic division of law into public law and private law, envisioned by the 3rd century Roman legal expert Ulpian, interdisciplinarity as a fundamental feature of the law has currently become noteworthy. The recent exceptional pandemic situation that we have faced, which can easily be regarded as “crisis,” has revealed once more that reference to society can only be made by resorting not only to law but also to ethics and morals. Public authorities have often found themselves in the position of making administrative decisions for the population, objected by the great majority, as fundamental rights have been restricted for short periods of time. This paper addresses a current topic of interest, namely Considering interdisciplinarity, can we speak nowadays of a new public law? If so, what should we do with the old law? Should we discard it or rebuild it? These questions are answered herein by using research methods specific to law, in order to emphasise the conclusions according to which the measures for good administration carried out by public authorities must express both the letter of the law and the spirit of the law, taking the general interests of society into account. Keywords: Public law; Public Interest; European Ombudsman; Maladministration; The Venice Commission.
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