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The fundamental right to education in the Republic of Moldova


Author: Nichita Rodica
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:2017
Scientific adviser: Teodor Cârnaţ
doctor habilitat, professor,
Institution: Moldova State University

Status

The thesis was presented on the 23 June, 2017 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.37 Mb / in romanian

Thesis

CZU 342.733 (478)

Adobe PDF document 2.00 Mb / in romanian
206 pages


Keywords

fundamental right to education, education, educational system, educational process, educational freedom, academic freedom, training, positive obligations, negative obligations, EU integration

Summary

The structure of the paper. The thesis includes: introduction, 3 chapters, general conclusions and recommendations, bibliography of 325 sources, 3 annexes, and 182 pages of basic text. The results obtained are published in 11 scientific papers.

Field of study: Specialty 552.01. Constitutional Law.

The purpose of the work and objectives: the aim of the paper consists in the elaboration of a complex study on the fundamental right to education, in terms of the content and legal nature arising from the positive and negative obligations of the state in the process of achievement of the fundamental right to education. The main objectives of the work include: the research on the phenomenon of the recognition of the fundamental right to education at the national, regional and international level, in the evolutionary framework; the study of conceptions about the legal nature of the fundamental right to education in relation to other rights; the determination of the multidimensional content of the fundamental right to education; the substantiation of the social nature of the fundamental right to education; investigating the impact of the fundamental right to education on other rights; the identification of legal relations for the realization of the fundamental right to education; the investigation of practical cases of application of special legal guarantees in the process of performing of the positive and negative obligations of the state; formulating recommendations on guaranteeing the fundamental right to education.

The scientific originality and novelty of the obtained results lies in the fact that, on the basis of the current needs of application of the legislation by the educational institutions of the Republic of Moldova and of the theoretical approaches of the relations of law, one has carried out a multidimensional investigation of the fundamental right to education in the field of education, the phasing of the fundamental right to education, the determination of the legal nature and content of the fundamental right to education as well as the ways of its implementation in the Republic of Moldova, which allowed us to obtain a series of new scientific results.

The important scientific problem solved in the field consists in a scientific substantiation of the fundamental right to education in order to determine the concept of fundamental right to education, the legal nature and detailed description, on the basis of national and international regulations in the context of legal guarantees, a fact which led to the clarification of some problematic issues in the field for theorists and practitioners.

The theoretical significance of the work results from a complex study of the effectiveness of the guarantee of the fundamental right to education in a context of comparative analysis of law and jurisprudence of the European Court of Human Rights in the field.

The practical significance of the paper is determined by the fact that the results of the research are oriented to the optimization of legal rules with regard to the fundamental right to education, as well as to the development of the whole education system, including forms of realization of the fundamental right to education. The theoretical and practical proposals and recommendations exposed in the paper can be used to develop methods, methodological-didactic recommendations in teaching special courses in institutions of higher education at the object of study „educational law”, as well as in those which prepare civil servants in the field of education. Some of the conclusions and recommendations formulated in the paper can be implemented in the practical activity of the Ministry of Education of the Republic of Moldova. The prospective proposals can be helpful for the development of the national education legislation in general, and of the provisions that determine the realization of the fundamental right to education, in particular.

The implementation of scientific results was carried out through the publication of theoretical conclusions and practical recommendations in scientific articles published in specialty journals and by presenting them in the scientific conferences in the field at the national and international level. 6