O sistema político, partidário e eleitoral da República de Malta

This work is a study which deals with political, electoral and party features from the Republic of Malta. An interest that motivated the study is to understand how works the consolidated two-party system in the country, the cleavages which foster that features and the Maltese media groups alignment process to those prevailing political parties. Our goal is to identify the main factors which creates and maintain those features of a two-party model in Malta, and how much it overlaps the political and electoral models applied in the country. The analysis is mostly literature, also backing up data about the nation, on elections and political parties which allow enough stability for analysis and enables us an approach about the actual facts. The survey data and literature available is mainly in English, by the lack of academic papers on Malta in Brazilian Portuguese. Therefore, this work contributes as a small panorama of the Maltese political reality, which can serve as a point of comparison and reflection on other countries' realities, with a sharp bipolar political trend, strong social entrenchment of political parties, and media groups aligned to those

Revolução constitucionalista de 32: principais motivações da Frente Única Paulista

This paper aims to analyze the Constitutionalist Movement in 1932, trying to understand, more specifically, the political end sought by the Front Unique Paulista, on a literal translation, union of the political parties of São Paulo (Republican Party Paulista and Democratic Party). The research is motivated by the need to understand the political project of FUP with the movement and the existing motivations why it was articulated. The comprehension of the constitutionalists' reasons is relevant to understanding the history of the revolution, from its origin to its outcome. Based on literature and its historical analysis, the paper will demonstrate that the Front, with the advent of the Constitutionalist Revolution of 1932, had as its main purpose regain political control of the state of São Paulo lost with the revolution of 1930. More than the vaunted concern with the implementation of a new constitution for the nation, the FUP leaders had intended to retrieve the lost power with the movement of 30 and the rise of Getulio Vargas to power. Under a banner to fight for a new constitution and the expected change from a totalitarian and centralized state imposed by Vargas for a more autonomous state, the cause of São Paulo enticed sympathy and support from the community, whose social history always harbored separatist ideas, even that they have never been carried out to its ultimate consequences

A construção social do mercado colaborativo de software livre durante o Governo Lula: agentes, estratégias e discursos

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

A construção social do mercado colaborativo de software livre durante o Governo Lula: agentes, estratégias e discursos

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Materno-infantilism, feminism and maternal health policy in Brazil

In the last days of 2011, President of Brazil Dilma Rousseff issued a provisional measure (or draft law) entitled "National Surveillance and Monitoring Registration System for the Prevention of Maternal Mortality" (MP 557), as part of a new maternal health programme. It was supposed to address the pressing issue of maternal morbidity and mortality in Brazil, but instead it caused an explosive controversy because it used terms such as nascituro (unborn child) and proposed the compulsory registration of every pregnancy. After intense protests by feminist and human rights groups that this law was unconstitutional, violated women's right to privacy and threatened our already limited reproductive rights, the measure was revised in January 2012, omitting "the unborn child" but not the mandatory registration of pregnancy. Unfortunately, neither version of the draft law addresses the two main problems with maternal health in Brazil: the over-medicalisation of childbirth and its adverse effects, and the need for safe, legal abortion. The content of this measure itself reflects the conflictive nature of public policies on reproductive health in Brazil and how they are shaped by close links between different levels of government and political parties, and religious and professional sectors. (C) 2012 Reproductive Health Matters

Le politiche giudiziarie inglesi degli anni 2000: mutamento di paradigma e rafforzamento dell'incisività politica dei giudici

The Ph.D. dissertation analyses the reasons for which political actors (governments, legislatures and political parties) decide consciously to give away a source of power by increasing the political significance of the courts. It focuses on a single case of particular significance: the passage of the Constitutional Reform Act 2005 in the United Kingdom. This Act has deeply changed the governance and the organization of the English judicial system, has provided a much clearer separation of powers and a stronger independence of the judiciary from the executive and the legislative. What’s more, this strengthening of the judicial independence has been decided in a period in which the political role of the English judges was evidently increasing. I argue that the reform can be interpreted as a «paradigm shift» (Hall 1993), that has changed the way in which the judicial power is considered. The most diffused conceptions in the sub-system of the English judicial policies are shifted, and a new paradigm has become dominant. The new paradigm includes: (i) stronger separation of powers, (ii) collective (as well as individual) conception of the independence of the judiciary, (iii) reduction of the political accountability of the judges, (iv) formalization of the guarantees of judicial independence, (v) principle-driven (instead of pragmatic) approach to the reforms, and (vi) transformation of a non-codified constitution in a codified one. Judicialization through political decisions represent an important, but not fully explored, field of research. The literature, in particular, has focused on factors unable to explain the English case: the competitiveness of the party system (Ramseyer 1994), the political uncertainty at the time of constitutional design (Ginsburg 2003), the cultural divisions within the polity (Hirschl 2004), federal institutions and division of powers (Shapiro 2002). All these contributes link the decision to enhance the political relevance of the judges to some kind of diffusion of political power. In the contemporary England, characterized by a relative high concentration of power in the government, the reasons for such a reform should be located elsewhere. I argue that the Constitutional Reform Act 2005 can be interpreted as a result of three different kinds of reasons: (i) the social and demographical transformations of the English judiciary, which have made inefficient most of the precedent mechanism of governance, (ii) the role played by the judges in the policy process and (iii) the cognitive and normative influences originated from the European context, as a consequence of the membership of the United Kingdom to the European Union and the Council of Europe. My thesis is that only a full analysis of all these three aspects can explain the decision to reform the judicial system and the content of the Constitutional Reform Act 2005. Only the cultural influences come from the European legal complex, above all, can explain the paradigm shift previously described.

Konfliktlinien und die Einstellungen zur Europäischen Integration in Norwegen : eine quantitativ-empirische Analyse basierend auf dem European Social Survey 2004/2005

In den konsultativen Referenden von 1972 und 1994 stimmte eine knappe Mehrheit der norwegischen Wählerschaft gegen einen Beitritt in die europäische Staatengemeinschaft. Regierung und Parlament zogen daraufhin ihr Aufnahmegesuch zurück. Ein erneuter Antrag auf Mitgliedschaft in der EU wird seither vermieden, da sich die Parteien des Konfliktpotenzials bewusst sind. Von der politischen Agenda ist diese Streitfrage jedoch nicht verschwunden. Die vorliegende Magisterarbeit greift den gängigen Erklärungsansatz der politikwissenschaftlichen Forschung auf: Das Scheitern der Referenden ist demnach auf die Aktualisierung traditioneller politischer Konfliktlinien zurückzuführen. Inwieweit diese Cleavages die Einstellungen norwegischer Staatsbürger zur Europäischen Integration bestimmen, wird anhand eines komplexen Konfliktlinienmodells und mittels aktueller Daten untersucht. Aufbauend auf dem klassischen Cleavage-Konzept von Seymour Lipset und Stein Rokkan (Zentrum/Peripherie, Staat/Kirche, Stadt/Land, Kapital/Arbeit), findet eine Konkretisierung von Stefano Bartolini und Peter Mair Anwendung, die jede der vier Konfliktlinien als dreidimensional (empirisch, normativ und organisatorisch) begreift. In einem historischen Überblick zeigt sich die Relevanz der tradierten Konfliktlinien für Norwegen, die sich sowohl im nationalen Parteiensystem als auch in den Standpunkten der Parteien zu einem EU-Beitritt widerspiegeln. Datengrundlage für die folgenden empirischen Analysen (Kreuztabellen, Mittelwert- und Korrelationsvergleiche, multiple lineare Regressionen) stellt die norwegische Teilstudie der zweiten Welle des European Social Survey von 2004/2005 dar. Europäische Integration wird von den meisten norwegischen Staatsbürgern, die sich empirisch, normativ und organisatorisch auf den Konfliktlinienpolen Peripherie, Kirche, Land oder Arbeit verorten lassen, negativ bewertet. Im Gegensatz dazu geht die recht häufig vertretene Kombination der empirischen Konfliktlinienpole Zentrum-Staat-Stadt-Kapital mit einer überdurchschnittlich positiven Einstellung einher. Insgesamt erweist sich der Zusammenhang mit der Zentrum/Peripherie-Konfliktlinie als am höchsten.

Il finanziamento dei partiti politici e delle campagne elettorali: modelli a confronto.

La tesi si propone come obiettivo di dimostrare nel quadro di un’indagine comparatistica l’importanza della tematica del finanziamento della politica, del rapporto tra denaro e politica, nelle democrazie contemporanee. In questo senso ci si propone di sviluppare i nessi esistenti nell’ambito del tema del finanziamento fra disciplina dei partiti, disciplina delle campagne elettorali e, più in generale, disciplina del sistema elettorale in senso stretto e della forma di governo; di descrivere il complesso quadro giuridico in materia di diritto della finanza politica, oggetto di frequenti aggiornamenti e in continua evoluzione, in alcuni casi anche in via giurisprudenziale, quale risulta emergere dallo studio di ciascun ordinamento considerato; e di definire in conclusione i precisi contorni dei due distinti modelli di «finanziamento della politica» ricostruiti dalla ricerca politologica come modello statalista o pubblico, da una parte, e modello liberale o volontario, dall’altra, pur nelle specificità di ogni contesto istituzionale

Il discorso politico culturale del Deutscher Geist in Gefahr di Ernst Robert Curtius

Nel 1932 Ernst Robert Curtius pubblica il pamphlet politico culturale Deutscher Geist in Gefahr nel quale chiarisce il suo pensiero di fronte alla grave crisi in cui versa la Germania. Egli si schiera contro le posizioni di destra del suo tempo, delle quali critica apertamente la boria nazionalista, il rozzo antisemitismo e la creazione di un mito nazionale elaborato come strumento di manipolazione dell’opinione pubblica. Ritiene inoltre inaccettabili le posizioni rivoluzionarie, tanto di destra quanto di sinistra, che vogliono liberarsi della tradizione umanistica europea e disprezzano la Zivilisation francese; allo stesso modo rifiuta l’ideale di un germanesimo eroico avulso dalla storia europea e respinge infine tutte le forme di nichilismo che si risolvono in un atteggiamento di indifferenza nei confronti della realtà, dei valori e della storia. Curtius accetta il sistema democratico come unica soluzione e ritiene che le decisioni politiche debbano mirare al bene di tutti i ceti sociali indipendentemente dagli interessi di partiti e di singoli gruppi. Rifiuta qualunque forma, anche culturale, di supremazia della Germania, aspira a un’Europa cosmopolita, le cui nazioni siano valorizzate nelle loro caratteristiche specifiche, ed è convinto che per la costruzione della pace gli europei debbano vivere, studiare e lavorare insieme imparando gli uni le lingue degli altri. Per Curtius l’Umanesimo della tradizione classica e la letteratura del Medioevo sono parte integrante della vita di ogni europeo e fonte di energie spirituali per affrontare in modo creativo il presente e il futuro.

La strage di Ustica nell'opinione pubblica italiana (1980-1992): analisi di un caso politico e mediatico

Questa ricerca indaga come il “caso Ustica” si è articolato nell’opinione pubblica italiana negli anni compresi tra il 1980 e il 1992. Con l'espressione “caso Ustica” ci si riferisce al problema politico determinato dalle vicende legate all’abbattimento dell’aereo civile DC-9 dell’Itavia, avvenuto il 27 giugno 1980 in circostanze che, come noto, furono chiarite solamente a distanza di molti anni dal fatto. L’analisi intende cogliere le specificità del processo che ha portato la vicenda di Ustica ad acquisire rilevanza politica nell’ambito della sfera pubblica italiana, in particolare prendendo in considerazione il ruolo svolto dall’opinione pubblica in un decennio, quale quello degli anni ’80 e dei primi anni ’90 italiani, caratterizzato da una nuova centralità dei media rispetto alla sfera politica. Attraverso l’analisi di un’ampia selezione di fonti a stampa (circa 1500 articoli dei principali quotidiani italiani e circa 700 articoli tratti dagli organi dei partiti politici italiani) si sono pertanto messe in luce le dinamiche mediatiche e politiche che hanno portato alla tematizzazione di una vicenda che era rimasta fino al 1986 totalmente assente dall’agenda politica nazionale. L’analisi delle fonti giudiziarie ha permesso inoltre di verificare come la politicizzazione del caso Ustica, costruita intorno alla tensione opacità/trasparenza del potere politico e all’efficace quanto banalizzante paradigma delle “stragi di Stato”, sia risultata funzionale al raggiungimento, dopo il 1990, dei primi elementi di verità sulla tragedia e all’ampiamento del caso a una dimensione internazionale.

New markov chain based methods for single and cross-domain sentiment classification

Nowadays communication is switching from a centralized scenario, where communication media like newspapers, radio, TV programs produce information and people are just consumers, to a completely different decentralized scenario, where everyone is potentially an information producer through the use of social networks, blogs, forums that allow a real-time worldwide information exchange. These new instruments, as a result of their widespread diffusion, have started playing an important socio-economic role. They are the most used communication media and, as a consequence, they constitute the main source of information enterprises, political parties and other organizations can rely on. Analyzing data stored in servers all over the world is feasible by means of Text Mining techniques like Sentiment Analysis, which aims to extract opinions from huge amount of unstructured texts. This could lead to determine, for instance, the user satisfaction degree about products, services, politicians and so on. In this context, this dissertation presents new Document Sentiment Classification methods based on the mathematical theory of Markov Chains. All these approaches bank on a Markov Chain based model, which is language independent and whose killing features are simplicity and generality, which make it interesting with respect to previous sophisticated techniques. Every discussed technique has been tested in both Single-Domain and Cross-Domain Sentiment Classification areas, comparing performance with those of other two previous works. The performed analysis shows that some of the examined algorithms produce results comparable with the best methods in literature, with reference to both single-domain and cross-domain tasks, in $2$-classes (i.e. positive and negative) Document Sentiment Classification. However, there is still room for improvement, because this work also shows the way to walk in order to enhance performance, that is, a good novel feature selection process would be enough to outperform the state of the art. Furthermore, since some of the proposed approaches show promising results in $2$-classes Single-Domain Sentiment Classification, another future work will regard validating these results also in tasks with more than $2$ classes.

The Pursuit of Tangible Happiness: Religion and Politics in a Japanese New, New Religion

The decline of traditional religions in Japan in the past century, and especially since the end of World War Two, has led to an explosion of so-called “new religions” (shin shūkyō 新宗教), many of which have made forays into the political realm. The best known—and most controversial—example of a “political” new religion is Sōka Gakkai 創価学会, a lay Buddhist movement originally associated with the Nichiren sect that in the 1960s gave birth to a new political party, Komeitō 公明党 (lit., Clean Government Party), which in the past several decades has emerged as the third most popular party in Japan (as New Komeitō). Since the 1980s, Japan has also seen the emergence of so-called “new, new religions” (shin shin shūkyō 新新宗教), which tend to be more technologically savvy and less socially concerned (and, in the eyes of critics, more akin to “cults” than the earlier new religions). One new, new religion known as Kōfuku-no-Kagaku 幸福の科学 (lit., Institute for Research in Human Happiness or simply Happy Science), founded in 1986 by Ōkawa Ryūho 大川隆法, has very recently developed its own political party, Kōfuku Jitsugentō 幸福実現党 (The Realization of Happiness Party). This article will analyse the political ideals of Kōfuku Jitsugentō in relation to its religious teachings, in an attempt to situate the movement within the broader tradition of religio-political syncretism in Japan. In particular, it will examine the recent “manifesto” of Kōfuku Jitsugentō in relation to those of New Komeitō and “secular” political parties such as the Liberal Democratic Party (Jimintō 自民党) and the Democratic Party (Minshutō 民主党).

Talents in Migration Processes in the Conditions of the Czech Republic of the Nineties

The transformation of the 1990s has had a bearing on the academic and scientific world, as is becoming increasingly obvious with the changing numbers of foreign students wishing to study in the Czech Republic and of Czech students wishing to study abroad, the virtual collapse of doctoral studies, and the rapidly increasing age of Czech academics (placed at 48 by official sources and at rather more by this research). At the same time there is an apparent lack of interest in analysing and understanding these trends, which Mr. Cermak terms an ostrich policy, although his research showed that academics are in fact both aware and concerned about them. The mid-1990s migration of talent to and from R+D in the Czech Republic is also reflected in the number of talented Czech students studying abroad, who represent the largest and most interesting group of actual and potential migrants. Mr. Cermak's study took the form of a Delphi enquiry participated in by 44 specialists, including experts in the problems of higher education and science policy from the Presidium of the Higher Education Council (n = 23), members of the Council's Science and Research Commission (n = 14), former and current managers of higher education authorities (n = 4) and selected participants of the longitudinal talent research (n = 3). Questions considered included the influence of continuing talent migration from domestic R+D on the efficiency of domestic higher education, the diversification of forms of the brain drain and their impact on other processes in society, the possibility of positive influence on the brain drain processes to minimise the risks it presents, and the use of the knowledge obtained about the brain drain. The study revealed a clear drop of interest in brain drain problems in higher education in the mid-1990s, which is probably related to the collapsed of Czech R+D in the field of talent education. The effects on this segment of the labour market appeared earlier, with a major migration wave in 1991-1993 which significantly "cleared" the area of scientific talent. In addition, prospective talents from the ranks of younger students have not been integrated into domestic R+D, leading to the increasing average age of those working in this field. "Talent scouting" tended to be oriented towards much younger individuals, even in some cases towards undergraduate students. The R+D institutions deprived of human resources considered as basic in a functional R+D system have lost much of their dynamism and so no longer attract not only domestic talent but also talent from other regions. As a result the public, including the mass media and political structures, have stopped regarding the support of domestic science as a priority. This is clear both among the young people who are important for the future development of R+D (support for the education of talented children has dropped), from the drop in the prestige of this area as a profession among university students, and from the lack of explicit support for R+D by any of the political parties. On the basis of his findings Mr. Cermak concludes that there is no basis for the belief that the brain drain will represent a positive force in stimulating the development of the open society. Migration data shows that the outflow of talent from the Czech Republic far exceeds the inflow, and that the latter is largely short-term. Not only has the number of returning Czech professors dropped to half of its level at the beginning of the 1990s, but they also tend to take up only short-term contracts and retain their foreign positions. Recruitment of scientific talent from other countries, including the Slovak Republic, is limited. Furthermore internal contacts between those already involved in R+D have been badly hit by economic pressures and institutional co-operation has dropped to a minimum. There have been few moves to counteract this situation, the only notable one being the Program 250, launched in 1996 with government support to try and attract younger (i.e. under 40) talent into R+D. Its resources are however limited and its effects have not so far been evaluated. The deficit of academic and scientific talent in the Czech Republic is increasing and two major directions of academic work are emerging. Classic higher education science based on the teaching process is declining, largely due to economic factors, while there is an increasing emphasis on special; ad hoc projects which cannot be related directly to teaching but are often interesting to specialists outside the Czech Republic. This is shown clearly by the increase in publishing and in participation in domestic and foreign grant projects, which often serve to supplement the otherwise low salaries in the higher education sector. This tend was also accelerated by the collapse of applied R+D in individual sectors of the national economy and by substantial cutbacks in the Czech Academy of Sciences, which formerly fostered such research. Some part of the output of this research can be used in the education system and its financial contribution does significantly affect the stability of the present staff, but Mr. Cermak sees it as generally unfavourable for the development of talent education. In addition, it has led to a certain resignation on the question of integration into international structures, due to the emphasis on short-term targets, commercial advantages and individualism rather than team work. At the same time, he admits that these developments reflect those in other areas of the transformation in the Czech Republic.

The Constitutional-Judicial Control of the Legislative and Executive Powers in Central and Eastern European Countries

This project looked at the nature, contents, methods, means and legal and political effects of the influence that constitutional courts exercise upon the legislative and executive powers in the newly established democracies of Central and Eastern Europe. The basic hypothesis was that these courts work to provide a limitation of political power within the framework of the principal constitutional values and that they force the legislature and executive to exercise their powers and duties in strict accordance with the constitution. Following a study of the documentary sources, including primarily the relevant constitutional and statutory provisions and decisions of constitutional courts, Mr. Cvetkovski prepared a questionnaire on various aspects of the topics researched and sent it to the respective constitutional courts. A series of direct interviews with court officials in six of the ten countries then served to clarify a large number of questions relating to differences in procedures etc. that arose from the questionnaires. As a final stage, the findings were compared with those described in recent publications on constitutional control in general and in Central and Eastern Europe in particular. The study began by considering the constitutional and political environment of the constitutional courts' activities in controlling legislative and executive powers, which in all countries studied are based on the principles of the rule of law and the separation of powers. All courts are separate bodies with special status in terms of constitutional law and are independent of other political and judicial institutions. The range of matters within their jurisdiction is set by the constitution of the country in question but in all cases can be exercised only with the framework of procedural rules. This gives considerable significance to the question of who sets these rules and different countries have dealt with it in different ways. In some there is a special constitutional law with the same legal force as the constitution itself (Croatia), the majority of countries allow for regulation by an ordinary law, Macedonia gives the court the autonomy to create and change its own rules of procedure, while in Hungary the parliament fixes the rules on procedure at the suggestion of the constitutional court. The question of the appointment of constitutional judges was also considered and of the mechanisms for ensuring their impartiality and immunity. In the area of the courts' scope for providing normative control, considerable differences were found between the different countries. In some cases the courts' jurisdiction is limited to the normative acts of the respective parliaments, and there is generally no provision for challenging unconstitutional omissions by legislation and the executive. There are, however, some situations in which they may indirectly evaluate the constitutionality of legislative omissions, as when the constitution contains provision for a time limit on enacting legislation, when the parliament has made an omission in drafting a law which violates the constitutional provisions, or when a law grants favours to certain groups while excluding others, thereby violating the equal protection clause of the constitution. The control of constitutionality of normative acts can be either preventive or repressive, depending on whether it is implemented before or after the promulgation of the law or other enactment being challenged. In most countries in the region the constitutional courts provide only repressive control, although in Hungary and Poland the courts are competent to perform both preventive and repressive norm control, while in Romania the court's jurisdiction is limited to preventive norm control. Most countries are wary of vesting constitutional courts with preventive norm control because of the danger of their becoming too involved in the day-to-day political debate, but Mr. Cvetkovski points out certain advantages of such control. If combined with a short time limit it can provide early clarification of a constitutional issue, secondly it avoids the problems arising if a law that has been in force for some years is declared to be unconstitutional, and thirdly it may help preserve the prestige of the legislation. Its disadvantages include the difficulty of ascertaining the actual and potential consequences of a norm without the empirical experience of the administration and enforcement of the law, the desirability of a certain distance from the day-to-day arguments surrounding the political process of legislation, the possible effects of changing social and economic conditions, and the danger of placing obstacles in the way of rapid reactions to acute situations. In the case of repressive norm control, this can be either abstract or concrete. The former is initiated by the supreme state organs in order to protect abstract constitutional order and the latter is initiated by ordinary courts, administrative authorities or by individuals. Constitutional courts cannot directly oblige the legislature and executive to pass a new law and this remains a matter of legislative and executive political responsibility. In the case of Poland, the parliament even has the power to dismiss a constitutional court decision by a special majority of votes, which means that the last word lies with the legislature. As the current constitutions of Central and Eastern European countries are newly adopted and differ significantly from the previous ones, the courts' interpretative functions should ensure a degree of unification in the application of the constitution. Some countries (Bulgaria, Hungary, Poland, Slovakia and Russia) provide for the constitutional courts' decisions to have a binding role on the constitutions. While their decisions inevitably have an influence on the actions of public bodies, they do not set criteria for political behaviour, which depends rather on the overall political culture and traditions of the society. All constitutions except that of Belarus, provide for the courts to have jurisdiction over conflicts arising from the distribution of responsibilities between different organs and levels in the country, as well for impeachment procedures against the head of state, and for determining the constitutionality of political parties (except in Belarus, Hungary, Russia and Slovakia). All the constitutions studied guarantee individual rights and freedoms and most courts have jurisdiction over complaints of violation of these rights by the constitution. All courts also have some jurisdiction over international agreements and treaties, either directly (Belarus, Bulgaria and Hungary) before the treaty is ratified, or indirectly (Croatia, Czech Republic, Macedonia, Romania, Russia and Yugoslavia). In each country the question of who may initiate proceedings of norm control is of central importance and is usually regulated by the constitution itself. There are three main possibilities: statutory organs, normal courts and private individuals and the limitations on each of these is discussed in the report. Most courts are limited in their rights to institute ex officio a full-scale review of a point of law, and such rights as they do have rarely been used. In most countries courts' decisions do not have any binding force but must be approved by parliament or impose on parliament the obligation to bring the relevant law into conformity within a certain period. As a result, the courts' position is generally weaker than in other countries in Europe, with parliament remaining the supreme body. In the case of preventive norm control a finding of unconstitutionality may act to suspend the law and or to refer it back to the legislature, where in countries such as Romania it may even be overturned by a two-thirds majority. In repressive norm control a finding of unconstitutionality generally serves to take the relevant law out of legal force from the day of publication of the decision or from another date fixed by the court. If the law is annulled retrospectively this may or may not bring decisions of criminal courts under review, depending on the provisions laid down in the relevant constitution. In cases relating to conflicts of competencies the courts' decisions tend to be declaratory and so have a binding effect inter partes. In the case of a review of an individual act, decisions generally become effective primarily inter partes but is the individual act has been based on an unconstitutional generally binding normative act of the legislature or executive, the findings has quasi-legal effect as it automatically initiates special proceedings in which the law or other regulation is to be annulled or abrogated with effect erga omnes. This wards off further application of the law and thus further violations of individual constitutional rights, but also discourages further constitutional complaints against the same law. Thus the success of one individual's complaint extends to everyone else whose rights have equally been or might have been violated by the respective law. As the body whose act is repealed is obliged to adopt another act and in doing so is bound by the legal position of the constitutional court on the violation of constitutionally guaranteed freedoms and rights of the complainant, in this situation the decision of the constitutional court has the force of a precedent.