BRIEF CONSIDERATIONS ABOUT THE INFLUENCE RULES OF CANON LAW ON GOOD GOVERNANCE
Valentin – Stelian BADESCU Lawyer and university lecturer Ph.D, Bucharest Bar, Romanian-German University, Sibiu
Abstract: Days on which we live are difficult and critical. We go as a country with a dire economic crisis creates uncertainty and fear of many. Do not know what awaits us tomorrow. Our country seems to be no longer free, but in fact is managed by our lenders. It is true that what happens in our country is unique and touching. Spiritual crisis, social and economic goes hand in hand with the overthrow of all natures. It’s about trying to eradicate and destroy bases of many traditions which until now were considered self-evident to life in our area. From the social point of view is a reversal of the data and operating rights, of course, an argument is obvious: our measures they require creditors.
Keywords: good governance, canon law, church administration, the Treaty of Lisbon
Days on which we live are difficult and critical. We go as a country with a dire economic crisis creates uncertainty and fear of many. Do not know what awaits us tomorrow. Our country seems to be no longer free, but in fact is managed by our lenders. It is true that what happens in our country is unique and touching. Spiritual crisis, social and economic goes hand in hand with the overthrow of all natures. It’s about trying to eradicate and destroy bases of many traditions which until now were considered self-evident to life in our area. From the social point of view is a reversal of the data and operating rights, of course, an argument is obvious: our measures they require creditors. Therefore declare that we are a country under occupation and execute commands that our leaders-borrowers. The question that arises is whether their applications concern only the economic and insurance issues or concerns and spiritual and cultural physiognomy of our homeland. Faced with this situation any rational man asks why I did all these drastic measures earlier, which today are characterized as necessary. Why have not changed during all these pathogens in their society and economy that we now realize in a brutal way?
People in our country are political scene for decades, the same. How are counted when the political cost, knowing that the country go to the disaster, and today they feel safe, because it acts on the position of those who give orders? They held that once the radical upheavals revolt over Romania, and now they require almost no opposition.
Our economic crisis in very simple words, is due to the difference between production and consumption. Between the slow pace of production at which they reach the level of life that we’ve learned to live. When what is consumed is much greater than what occurs when the economic balance tilts toward the expenses. Our country, to meet, is forced to borrow in the hope that it will rebalance the disturbed balance. When this happens, however, does not require return of debtors and loan plus interest, to reach crisis and bankruptcy. The economic crisis that our country does not torture and dominate, however, is only the tip of the iceberg. Stems and fruit of another crisis, the moral. The disproportion between production and consumption are however not only an economic dimension, but is primarily a moral fact. The hint of moral crisis, which covers both the country’s leadership and people. A leadership that could not have a responsible attitude towards the people who could not or would not speak the language of truth, which promoted erroneous models, which has cultivated clientele, and only because it was aimed holding power. A management which becomes evident in practice that undermined the country’s real interests and people.
And on the other hand, a people, meaning us, we wore irresponsible. We have left welfare prey, easy and good living enrichment, we walked easily gain and deception. We never questioned the truth of things. Arbitrary claim of rights by guilds and social groups, with a perfect indifference to social cohesion, have contributed greatly to today’s situation. The essence of moral crisis is no meaning of life and imprisonment in this straight man, that’s the selfish instinct. A currently no future, no future. A currently sentenced to boredom and monotony. Life has become a time between two dates of birth and burial, with an unknown interval between them.
Our education situation worries us, because the current educational system does not relate to the student as a person but as an electronic computer and the only thing I do is to „load” the matter is the entire neinteresandu personality and rightly so our children resist. Therefore we are troubled with the new education law that has just entered into force. Textbooks are written, indeed, the responsibility of government, but their content is designed and Romanian national final, which it expects to make its voice known power and humility.
Society and the Church are the only ones able to stand directly next to man and support him. Society and the Church we all know and this is our strength. The unity of pastors and people, targeting dealers and people trying to undermine it. They know that if they „lost” the shepherd, the sheep will be scattered easily and will obey. History teaches us that where God has been fought, the ultimate goal was the man’s humiliation. Incarnation of God is the highest recognition of the human person. Society and the Church does not oppose the government, but government and exploiting those who hide themselves behind the power of working to deprive us of hope. Let us remember that for many economists, this crisis is manufactured, is a global crisis that is intended to regulate the powers that are not loving people.
Church of Christ is the word for the current situation, because not ceased to be the body of the world, part of history. He can not allow any injustice, we know that people around us are hungry, are poor, it stifles economic despair often masters of their hearts. We know this because their first stop in search of the area hope is their church, their parish. Our people and once passed through poverty and hunger, but he endured and overcame, because it had prospects. We all can help one and one to many. God has given us the spirit of fear but of power and love. With this spirit, our family gathered around the big, Romania, revealing our mistakes, seeking meaning in life in love, we come out of this difficult time.
2.1. EU Charter of Fundamental
Well, yes, despite these difficult times, there are solutions, some of us within reach of each other for the betterment of society. Individually, each let you have the chance to choose how to overcome the widespread crisis, I will provide a remedy and that, from a legal perspective, namely administrative law, the right to good governance.
The right to good governance settled by the Charter of Fundamental Rights of the European Union (EU) which came into force on 1 December 2009. Does this event has changed the lives of millions of Europeans? Even if it is too early to make a true assessment, we can now let us play involved in discovering the advantages they could get and the effects that could occur with regard to nationals of the EU charter, reserving future accurate answers to all questions that she could rise to institutions, agencies and other EU bodies. However inavuabil may seem, the EU Charter of Fundamental Rights is not one of those documents which can easily say that there were still „on top”.
Indeed, the beginnings of fundamental rights protection within the EU is placed just before the emergence of the Union itself, to the extent that, prior to a formal proclamation by a founding document, a consecration jurisprudential alcommunities within an „in law and as” the was considered sufficient. However, this does not in any way diminishes the symbolic nature of the Charter, recently became normative and compulsory, although it appeared in a legal wilderness, incorporating a greater value than you might think at first glance. For European citizens, EU Charter of Fundamental Rights is a legal document that can recognize and adheres easily, since he himself, as a citizen, was involved in its preparation, in a broader democratic process does not was repeated thereafter. European citizen knows that the document gives specific rights and fundamental freedoms, the EU and are thus likely to evolve with the EU, but the citizen knows that, recently, the Charter has become a useful tool in practical, effective and efficient, you a court may invoke the EU.
Indisputable advantage posed charter is that it is an independent reference standard for fundamental rights within the EU. It is a catalog of rights that all citizens should have in front of all EU institutions and to Member States when they finally implement European legislation. She is a recent codification, the last line of developments both in the field of human rights and European integration. Indeed, from an EU perspective, the need to equip itself with its own catalog of rights and freedoms is not just the antiquated nature of the alleged international instruments already existing in the absence of rules or written reference – considered perhaps more onerous than „mere” general principles derived from the Court of Justice – but rather to reflect the need for human rights and the specificity of this unique integration organizations, supra-and trans-national „community of law and the law” as the European Union today. The explanations that accompany the book offered under the authority of the Praesidium of the Convention which drafted it, remember his two exogenous sources, namely the constitutional traditions common to the Member States and the European Convention on Human Rights (ECHR), but it remains an endogenous coding, the European Union’s own . In it I have „rights, freedoms and principles” are not included in the ECHR, such as social rights of workers, personal data protection, bioethics, or even the right to good administration. Charter contains formulations wider and wider interpretations likely different from the specific national constitutions. Finally, the book presents all the features of constitutionalization nascendi statues, the principle considerations of the ECJ case are set legislative form, in particular as regards restrictions on the exercise of fundamental rights can be [Article 52 (1) ] and, what is equally important as the legal aspect, are proper interpretation and application of the EU charter.
2.2. Canon law. Study canon law and its necessity
Canon law and church management solutions may be relevant and useful to the whole Romanian society in terms of normal functioning model of this important institution of the Romanian state in which its citizens have the highest confidence. To understand the practical aspects, we briefly present some of the rules of canon law and church administration, from the very beginning, saying that unlike secular law that is vindictive, the church is healing.
History of canon law recalls how there was almost always some degree of interference between the categories and procedures of church and secular laws. This interference has been particularly sensitive in terms of Roman law influence on canon law. Civil and canon law already had a mutual support in defending the institutions of family, marriage, people, and in protecting human dignity.
Over time, Christian thought was preoccupied with social relations, international relations, economic life. In these areas, the Church has intervened more in name than in the name of Christian moral law. The existence of relations between law (in its secular purpose, represented the State) and religion (as an expression of worship) is composed of alternating, over time more positions may be released: the dissolution of law in religion, separation or coexistence more radical or less conservative. There were and there Ebb and flow. In any event, it generates a true definition of the law through the concept of religion or even the relationship to a religion.
In modern European society, liberal, left a very clumsy breaking report marks a loose demarcations: The state is secular, secularism is the rule of law, affirming the principle of secular rule of legal interpretation gives rise. Secularism? This word full of heavy secular significance of the dispute between the State and the Church has taken over the flow of time, a peacemaker. Today, he said not to deny the principle of secularism and religious freedom of conscience. Moreover, it recognizes the freedom of belief, as a safeguard of the State at least by distinction, vital to this area of religious political space
Laws drafted by the secular law of the state, through which the social law, may become auxiliary means church religious and moral means, to serve as citizen straightening his ordinances through habituation, habit by committing acts of good and useful. There are no current means, and directly related to the exercise of common grace, but extraordinary means, to be used for serious needs, the lack of grace by acting as its indirect means. Church, its nature, is inevitably subject to ordinances relating to its appearance in all their material and form a practical guide, a guide to the laws desired by its founder, the divine power law reflects the thousands of rules the whole event. Canon law is a branch of legal sciences, in that it deals with laws that serve the government as a religious organization.
2.3. Church Management Concept
Currently, the ecclesiastical language of administration other than economic purposes, ie to use or administer economic goods, the word administration is also used to express the power of enforcement activity throughout the church, that means it uses the Church in order to achieve its mission, ie work that takes place throughout the scale of church life through the acts of its organization and management.
In a specific narrow sense, the word administration is expressing how the sanctifying power is applied to the realities of church life, namely how to commit the sacred work. In this sense, speaking for the administration of the sacraments – in general – and each of the sacraments – in part – by the servants of the church, not God’s oikonomia mysteries, ie managers or their chivernisitorii, it means that they have entrusted.
The administration of the sacraments, and church administration or use all powers are entrusted to consider organ servants who hold and exercise full power of the Church, within certain limits determined that it is right or power to use the power that it has been entrusted. But with individual bodies, and their superior, there are collegial bodies or synodical church who hold power in top form – and who are called to exercise a broader framework than the individual – and demand exceeding limits that they can exert a working in a wider area, because it is the power conciliar bodies – in a wider circle, to exercise this power.
Activity of individual and conciliar as a whole is the work of the Church administration, achieving the goal of ensuring that the Church, through the use of appropriate means. It is an activity that takes place in specific skills for each individual organ and the Council, and it can not be committed by the competent organs, that organ can not be accomplished have not received or do not have the power and the church would try to pretend to be the Church’s governing bodies.
Also, the word management is also used to express some work to be carried out in the application or use of sanctifying grace, which he pleads his priestly status. Thus, we always hear people speaking about such and such administration Sacraments, which means it actually use to make the mystery of grace that the saints, or application of this means of power at a certain reality of ecclesial life of the church. In other words, even in ordinary sacred works, the church ministers who commit them, the term governance has its original meaning, applying a determined way, to carry out a job.
Therefore, the same meaning, administration and word is the word used to express the administration for all categories of works that they can commit the Church or body servants who hold or exercise the power of the Church, by the acts of use or application of this power has its specific funds , certain realities of church life. In other words, the concept of management or administration in church life is used in reference to religious exercise, the application means that power to the realities of church life. Hence the most general and comprehensive meaning of the word render service management or administration, is the activity or work that means strength or power is applied to certain realities, to ensure a specific purpose in church life.
In the narrowest sense, the expression means the church administration, church normally functioning device. May we see then that the most general sense of authentic notion of Directors, shall include any work that is done by means of applying power to certain realities, so it includes the economic management ie management chivernisirea even material goods – economic. Viewed from this side, the entire Board may be called management or budgeting work of the church, as otherwise, any companies, associations, institutions, foundations, etc.. The documents which ensure that the business or church power management work is divided into many categories in each church that is divided and power management of power in acts of teaching, the administrative acts and acts sanctifying power of the ruling power management or court.
Given the special nature – by yourself in nature – of the various acts which are done through the application of ecclesiastical power, they are divided into the following categories:
– Acts of religious and spiritual culture, which falls in the category of acts of teaching and management of the sanctifying power;
– Acts which create – is set in motion and directs the religious device, called the current administration acts;
– Acts of administration of justice and acts of economic administration.
Naturally, this division, taking into account the nature of the administration of the Church refers only to the most important and characteristic. To be able to bring out acts of religious application of power, individual or collective bodies must hold their perpetrators ecclesiastical power that may be sufficient – so you can -competently – that acts of directors. The same can be said over and that only individual or collective bodies, which have adequate power – in their work – they can commit acts of administration, ie application of that power acts.
Since all life and works of the church and created a legal garb, the Church – with all her work – in addition to its specific content, in addition to its own character that gives it the appearance and content has a legal aspect. And if we look at this point, ie below that give you the presence and purpose in life and her work right then, we can assess and qualify, all life, work and ministry of the church as a legal paper or as an activity, or at less governed by the laws of law. And in this case, it appears that a life that is under the rule of law and everything is working or is committed by law to use. Viewed that way, we can say that all the work, ministry or church administration is accompanied by a legal paper. This in turn, consists of all operations to equip an organization with the law requires the law and enforce these laws in the wording of that organization, in work that run under them.
Doubling the legal government church, which is to be given legal effect of acts each church administration church administration has made its own – and is also said to say and ecclesiastical jurisdiction, that work by applying the right to life of the church. In this way – in general – the ratio between the administration and jurisdiction were present. But, to understand more precisely, since both terms are used regularly in church life, it is necessary to completely clarify the concept of jurisdiction. Original jurisdiction meaningful word -etymologically – the document that gives the right, ie that right is established or created. This is the most comprehensive meaning of the concept of jurisdiction. But he still has power and meaning of law enforcement as a means, namely the application or use in accordance with the law of all three branches of the church.
In another sense, the word jurisdiction in the most limited means, uttering or delivery of legal right, ie the application of justice. In this respect, there is talk about different degrees of jurisdiction or on various categories of courts, which are arranged hierarchically and then says that the system forming two, three or four jurisdictions, the number of types of religious courts, arranged hierarchically. A further understood that the word jurisdiction is used to express the fact of possession of certain powers and exercise the right to limit. In this sense jurisdiction is using the word in the phrase „judicial power” that the church does not mean holding and faculty to exercise the full power of the Church, but only the ownership and power to exercise that part of what is called power or leading religious and pastoral which relates primarily to the very face of the church leadership through social legislation, court or administrative acts of justice and policy.
With this understanding, the concept of jurisdiction is situated alongside the government in its most general sense. But sometimes overlaps the concept of Management and gaining – in this case -the notion of jurisdiction its most comprehensive college or authorization to hold and to exercise management or application of power. In the latter respect is the concept of jurisdiction is often used when an institution of the said church that has this or that jurisdiction and that he committed such and such acts of episcopal jurisdiction, or the patriarchal, or that one or another and had exceeded their jurisdiction or foreign jurisdiction that have occurred.
Following those cleared up here in the concept of the administration and that of jurisdiction, we conclude that – in the most general sense to use these two terms and two terms – by the former is expressed in whole or paper what is accomplished by applying power to the realities of church life means, and by the second, is expressed acquiring a church governing body, to hold church in a limited power and the right to use or apply the power of the church.
From this follows that the acts of administrative or religious use of power by applying their resources to the realities of church life, only bodies that can perform their proper jurisdiction, ie those who hold power in a church or in another position. However, in ecclesiastical jurisdiction that expression is another way in which the church calls itself the power, because power is proportional to the ecclesiastical jurisdiction and can only exist only in the formal way, the legal regulation of power, but not as substantial work very great power, as is sometimes credited. It is true that the exercise may be restricted or may be extended, meaning that the boundaries and rights by exercising the power itself can produce changes in the exercise of power, but power remains the same, it is not affected by the formal change of jurisdiction.
3. Instead of conclusions
Here, even briefly, some theoretical and practical ways of making church administration at acceptable levels, often highly profitable and cost-effective in all respects, otherwise valid, the opinion polls which place, as mentioned in foregoing, the church’s first public confidence.
In contrast, post-Revolution counter-Romanian administration considered the first part of this material may be taken from the church lot. What, faith, trust, love of people, depriving the silver rush, solidarity, that those who serve the church to fulfill conscientiously, without requiring any immediate retribution from their peers. An abundance will receive from God. God help us!
- Official Gazette of the Law no. 118/2007
- Law no. 95/2006, Section 2
- http://www.dreptonline.ro/legislatie /ordin_procedura_autorizare_simpli ficata medicamente traditionala 2 97 2008.php