140 de ani de legislaţie minoritară în Europa Centrală şi de Est:
Gespeichert in:
| Format: | Buch |
|---|---|
| Sprache: | Romanian |
| Veröffentlicht: |
Cluj-Napoca
Ed. Inst. pentru Studierea Problemelor Minorităţilor Naţionale [u.a.]
2010
|
| Schlagworte: | |
| Online-Zugang: | Inhaltsverzeichnis Abstract |
| Beschreibung: | Zsfassungen d. einzeln. Beitr. in engl. Sprache |
| Beschreibung: | 439 S. |
| ISBN: | 9786069251287 9789732610206 |
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Datensatz im Suchindex
| _version_ | 1804150117138169856 |
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| adam_text | Cuprins
Prefaţă
(Attila GIDÓ
-
István HORVÁTH
-
Judit PÁL)
9
Gábor GÁNGÓ
Legea naţionalităţilor
din
1868
şi consecinţele ei
13
Ágnes DEÁK
Antecedentele din Austria ale Legii naţionalităţilor din
1868 23
Attila DEMETER
Concepţiile despre naţionalitate ale lui
József Eötvös
în Ideile dominante
49
Ákos EGYED
Contele
Imre Mikó
şi chestiunea naţionalităţilor
63
Judit PÁL
Uniune sau autonomie? Reglementarea legală
a uniunii Transilvaniei în
18 6 8 81
András
CIEGER
Liberalism şi interes de putere. Dileme politice privind
libertăţile individuale şi cetăţeneşti din perioada
dualismului din Ungaria
103
Luminiţa IGNAT-COMAN
Identitate reprimată. Legislaţie şi deznaţionalizare
în Transilvania dualistă
119
Mírela
POPA-ANDREI
Legea şcolară
38/1868
şi efectele sale asupra evoluţiei
învăţământului confesional năsăudean
127
Bálint
VARGA-KUNA
Mileniul şi naţionalităţile
143
Csilla
FEDINEC
Cum să fie autonomia rusinilor?
Cauza voievodatului subcarpatic
159
Vasile CIOBANU
Proiecte pentru o lege a minorităţilor naţionale în
România interbelică
Csaba ZAHORÁN
O mică Ungarie în România Mare. Alternative
pentru Secuime în proiectele maghiare dintre
cele două războaie mondiale
191
Liviu CĂRARE
Evreii din România între
1938-1940.
De la statutul de
cetăţean la cel de paria
213
Zsuzsa
PLAINER
Din piesă de teatru
-
discurs. Cum se făcea politică în
mod simbolic în anii
1980,
într-o societate locală
maghiară din România
231
Balázs DOBOS
Obiective şi concepţii în politica minoritară a Ungariei
în perioada
1988-1993 247
Radu CHIRIŢĂ
Discriminarea etnică şi rasială în jurisprudenţa
Curţii Europene a Drepturilor Omului
265
Sergiu CONSTANTIN
Legislaţia minoritară în Italia şi Slovenia
283
Mihály TÓTH
Legislaţia şi aplicarea drepturilor de protecţie a minorităţilor
în Ucraina. Experienţele politicii privind minorităţile într-un
stat naţional nou
303
István HORVÁTH
Drepturile lingvistice ale minorităţilor şi utilizarea limbilor
minoritare în România
317
István Gergő SZÉKELY
Soluţii electorale speciale pentru minorităţi
-
legislaţia românească în perspectivă comparată
333
Attila
VARGA
Sistemul drepturilor minoritare şi autonomia culturală
în proiectul de lege privind statutul minorităţilor naţionale
395
Rezumate
411
Abstracts
423
Lista autorilor
437
Abstracts
Gábor GÁNGÓ
The Hungarian Minorities Act
1868: 44.
and Its Aftermath
The study through revisitation of the parliamentary debates of and
some political writings on the Hungarian Minorities Act
1868: 44,
seeks
the answer of how far this legislation process predetermined the fra¬
mework of reasoning on nationality matters in Hungarian legislation up
to the present days.
It argues that the spiritual father of this Act,
Ferenc Deák,
was not as
much motivated by arrogant nationalism as by intentions to defend the
then existing playground of Hungarian political community. His notori¬
ous formulation of the one and indivisible Hungarian nation, however,
returned in the 2000 s in Hungarian legislation on ethnic Hungarians
living in the neighbouring countries.
Ágnes DEÁK
The Nationality Act of
1868
and its antecedents in the
Habsburg
Monarchy
In Hungarian historiography the different programmes of the natio¬
nal groups living in Hungary in the 19th century have been already tho¬
roughly investigated. However, comparative studies have mostly negliga-
ted a very important point of view: the national elites had been strongly
influenced, whether encouraged or detered, by political forces and pro¬
cesses of the „other part of the common empire. All government efforts
and failures from
1849
onwards, first of all concerning language use re¬
gulation in public sphere, have to been outlined and analysed in order to
evaluate the characteristic features of the regulation of
1868
but at the
same time to range it among the former similar initiatives launched by
Viennese governments.
In the 1860s political pressure exerted on Hungarian political elite
by the imperial central government was aimed at forcing the formers to
ensure the use of different native tongues in public administration, juris¬
diction and education, moreover to establish autonomous national ad-
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ Şl DE EST
ministrative
territorial
units in Hungary. Among the Hungarian national
orientated intellectuals, however, this kind of constant pressure resulted
rather in strengthening of the feeling of being politically threatened than
in any strengthening of willingness to compromises. On the other hand,
the non-Hungarian national movements rightly resented the restrictive
language use regulation and practice enforced after the so-called October
Diploma of
I860
and once more regarded the monarch and the Vienne¬
se government as their mighty protector against Hungarian politicians.
Thus they were driven to represent their national demands without any
compromise and not to accept any sort of politics of short steps.
The Bill and its passionate debate in Hungarian parliament in
1868
reflected on both sides not only temporary political strains and views but
political experiences of the former last decades as well. The former ini¬
tiatives of the
empirai
political centre constituted both stimulating and
impeding factors in this process.
Attila
DEMETER
József Eötvös s
views on the nationality problem in
Uralkodó
eszmék
The present paper is a synopsis of
József Eötvös s
views on the nati¬
onality problem, as treated in his seminal work in two volumes entitled
The Dominant Ideas. In this treatise
Eötvös
rejects the claims of nationa¬
lities for territorial autonomy, yet, at the same time, he emphasizes the
importance of local self-government. This reasoning can only be under¬
stood by taking into consideration
Eötvös s
long-term objective, namely
the reinterpretation of the dominant ideas of his age. In his view national
ambitions are rooted in the new interpretation that the concept of self-
determination acquired after the French Revolution, that is, in nationa¬
lism. As a consequence, both the dominant nationality s and the minori¬
ties aspirations gravitate towards achieving supremacy and sovereignty.
Furthermore, he argues that the nationality problem can only be settled
successfully by turning against its triggering cause, against nationalism.
Local self-government is not only a model for a possible solution of the na¬
tionality-problem. Along with Tocqueville,
Eötvös
hopes that self-gover¬
nance will contribute to an upsurge of patriotism among nationalities,
which can be regarded as a political form of collective loyalty.
424
ABSTRACTS
Ákos EGYED
Count
Imre Mikó
and the Question of Nationalities
Baron
Mikó Imre
was called the
Széchenyi
of Transylvania by even
his contemporaries, because as a founder of institutions and as a protec¬
tor, he closely resembled the great ideal. His conception concerning the
question of nationalities was not an exception to this. In his work publi¬
shed in
1860
and entitled Principal Ideas he wrote that national rights
are regarded by the world as sacred possessions which can not and must
not be taken away or suppressed. The conscience of the world protests
against this, as do the citizens and humanity as such.
He stated several times that he lists the erasure of the laws referring
to feudalism and aristocracy, and the constitutional annunciation of
the citizen equality rights among the greatest achievements of the
1848
Hungarian revolution. In the tensioned political situation following the
repression of freedom fight, in the period of neoabsolutism
-
when the
empire politics eager to melt together nations and ethnicities constitu¬
ted a danger for the identity of the different ethnic communities within
the monarchy
-
he concluded: The fact that we are feeling passionately
about our nationality does not suppose that we distance ourselves from
the others, or that we regard them as our enemies
-
a Hungarian should
remain Hungarian, a Saxon should stay a Saxon, while a Romanian a
Romanian, and each of them should attend to their own nationality, thus
they live together in peace, and if the common interest of their country
should demand, they need to hold each other s hands to help her.
Therefore the views of count
Imre Mikó
may be summarized as: gu¬
arding one s identity, recognizing difference and cooperation in common
issues.
Judit PÁL
Union or Autonomy? The Legal Regulation of Transylvania s
Union
The paper examines the terms of coming into being of legal article
nr.
XLIII,
from the year
1868
which regulated the union of Hungary with
Transylvania. As a consequence of the conciliation, union came again
into being, however this was not legally approved for two more years, and
it was accepted by the parliament only at the end of
1868,
together with
the nationality law. The delay (besides many other causes)
-
and here
we must mention the delicate minority question as a first one
-
was also
425
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ Şl DE EST
motivated by the fact that the government did not have a clear concepti¬
on concerning the integration of Transylvania, and not only Hungarians,
Romanians, and Saxons could not reach a consensus in the question, but
this was the case within the circles of the Hungarian political elite as well.
And it was not a coincidence that the two laws reached the parliament s
agenda simultaneously, as these related to each other in many ways.
Transylvania s question was a question of minorities as well. Because
of Transylvania s former autonomy, the question of minorities was most
sharply raised here, and rights of the minorities
-
primarily concerning
language use
-
were most developed here. However, the standpoints of
Hungarian and minority politicians rigidly differed both concerning the
union and the unified political nation. After long processes of delay the
law turned out to be only partly satisfactory, and the conditions of its ac¬
ceptance illustrate well the difficulties of Transylvania s integration.
András CIEGER
Liberalism and Reason of State. Politician s Dilemmas on Free¬
dom Rights in Hungary after
1867
The aim of this paper is to draw a possible context of the Law
XLIV
of
1868:
On the Equality of Nationality Rights : what kind of role did the codifi¬
cation of freedom rights play in the reform plans of the ruling (liberal) elite?
Firstly the author shortly summarises the positive effects of the Law¬
ful Revolution
(1848)
on the freedom rights, than he tries to find answers
to the following problem: after the Austro-Hungarian Compromise of
1867,
despite of the good antecedents and the promises of the political
elite, the codification of freedom rights was slow and incomplete. Accor¬
ding to the historian the reasons of this phenomenon are:
(1)
the new
political system of
1867
had not got complete legitimacy, the system was
legitimated formally, but not substantially (the moral identification of the
subjects with the political regime was missing).
(2)
the system-stabilizing
efficiency of governments was low and the reform questions divided the
ruling party (and the opposition too).
(3)
At last the author analyses the
modification of the Hungarian liberal program in the second half of the
19111 Century. During this period the liberal ideas did not disappear totally,
but a more pragmatic and state-defending liberalism replaced doctrinal
liberalism. The idea of national superiority triumphed over the principles
of equality.
426
ABSTRACTS
Luminiţa IGNAT-COMAN
Identity suppressed. Legislation and denationalization in Tran¬
sylvania during the Dualist Period
The research attempts to offer a Romanian point of view upon Nati¬
onalities Law from
1868.
The article analyses a critical manner in which
Romanians regarded the law, setting up the objections and contradictions
brought to this law, as they are revealed by the sources of time, journals
and political acts, such as Replica and
Memorandumul.
The conclusion of
the article points out the fact that the most important critics formulated
regard identity marks, especially language and education and testifies a
double disjunctive perspective upon this law, a formal character in the
Romanians perception and a democratic character alleged by Hungari¬
ans.
Mírela
ANDREI-POPA
The Educational Law No.
38
of
1868
and its Consequences on the
Evolution of the Confessional Educational System of
Năsăud
After the establishment of the dualist Austro-Hungarian political
regime, the entire society and its institutions experienced a process of
changing and re-organization. The re-organization of the instruction in
the Hungarian part of the dualist monarchy was based on the Law no.
38
of
1868.
A blueprint of the minister for Public Instruction
ofthat
time, the
baron
Eötvös Jószef,
the new educational law was influenced by the po¬
litical and economical principles of liberalism and its provisions stirred
nationalist interpretations.
From the perspective of the interests of the Church, the Law no.
38
of
1868
guaranteed undeniably the future existence of the confessional
school on the condition of strictly observing its legal provisions. Therefo¬
re, during the first years after the promulgation of the new educational
legislation, the instruction system of
Năsăud
and also the entire confes¬
sional educational system of the nationalities in Hungary was forced to
comply with a process of internal re-evaluation and re-organization. In
this context, the cultural elite of
Năsăud,
headed by Vicar Grigore Moisil,
focused its efforts on maintaining the confessional schools of the district,
for example, the Vicar sent to the subordinate parishioners and priests
numerous circular letters in which he insisted on a good knowledge of
the law by the worshippers and also on the strictly application of its pro¬
visions.
427
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ Şl DE EST
It is worth mentioning that the consequences of the above menti¬
oned law were mostly negative in terms of the general development of
the confessional educational system in the mother tongue of the natio¬
nalities mainly because of their existing logistic and financial problems.
Many Romanian communities from Transylvania lacked proper financi¬
al means and consequently, their confessional schools were transformed
into parish or state-sponsored schools where instruction was in Hunga¬
rian.
In contrast, the educational system of
Năsăud
succeeded in com¬
plying with the exigencies imposed by the
Eötvös
law. This resulted in
the preservation of the confessional and national character of the scho¬
ols (their teaching language was Romanian) from the region, including
during the dualist period. This was possible because the educational in¬
stitutions of
Năsăud
had the necessary means for applying the Law no.
38,
adequate educational equipment acquired in the 1860s and didactic
personnel properly qualified according to the that time exigencies. These
teaching personnel were educated during the period of the Austrian neo-
absolutism and political liberalism in local schools (such as the superior
primary school
-
„norma ,
gymnasiums and the pedagogical institute
from
Năsăud)
and in other similar institutions from all over the Empire.
Bálint VARGA-KUNA
The Millennium and the Minorities
The millennium celebrations in
1896
were meant to propagate the
idea of Hungarian statehood on the whole territory of Hungary. As the a
propos
of the millennium was constituted by the Hungarians occupying
their state territory, that is the armed victory of the Hungarian tribes
over the indigenous population, it is not surprising that non-Hungarian
inhabitants of the country could not identify with the celebrations. The
Hungarian state wished to immortalize the dominance of the Hungari¬
an ethnicity throughout the country with festivities, statues, and monu¬
ments, therefore they represented political reality through symbolic ges¬
tures. On their turn, (national) minorities intended to demonstrate their
disagreement with similar symbolic steps.
A comparative analysis of the national minorities reactions flatters
us with the result that in a given moment we will be able to measure and
compare the power and the strategy of the national movements
vis-à-vis
the Hungarian nation-building. Moreover, the reactions given to the mil-
428
ABSTRACTS
lennium
celebrations also present the dividing lines or the regional, reli¬
gious, generational differences within the national movements as well.
Csilla FEDINEC
How Should the Rusyn Autonomy Look Like? The Question of
the Transcarpathian Mini-State
In the period between the two world wars the official circles of Hun¬
gary offered material help to parties militating for autonomy in Trans-
carpathia, with a clear political intent. After the region
-
following the
first Vienna dictate, and then the armed intervention in March
1939 -
re-
entered again under the authority of Hungary, Prime Minister
Pál Teleki
strongly urged the autonomy of the Rusyns to be granted. My aim is to
analyse the argumentation system of plans and public opinions issued
between the 18th of March
1939,
when the Prime Minister held the first
official conference on the question, and the 5th of August
1940,
when he
revoked the legal plan presented to parliament, with a special attention
paid to allusions to the
1868
nationality law.
Vasile CIOBANU
Projects for a National Minorities Law in Romania between the
World Wars
After
1918 28,1%
of Romania s total population belonged to natio¬
nal minorities. The union declarations adopted at
Chişinău
(March 27th,
Aprilie
9th
1918),
Cernăuţi
(November 28th
1918)
and Alba Iulia (December
1st
1918)
stipulated that the rights of the national minorities would be
granted. These rights were also written in the Minorities Treaty signed
by Romania on December 10th
1919.
The political parties included the regulation of the minorities rights
in their programmes. Once they reached power, these parties made seve¬
ral attempts to propose projects of bills for the minorities. In
1920-1921,
the Averescu government founded a State Under-secretariate office for
minorities, which was however dissolved later on. Projects for a bill of
the minorities were also suggested by some of the national minorities
representative (V. Dutceak, L. Kecskemety, L. Epstein). They were closely
following the laws for cultural autonomy adopted in Latvia
(1924)
and
Estonia
(1925).
429
Ν/
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ Şl DE EST
The government formed by the National Peasant Party in
1928
ini¬
tiated the preparation of a project for the minorities bill. Deputy
Ghiţă
Pop visited the European countries which had minorities and drafted a
bill project. But it never got to be discussed in the Parliament due to the
political upheaval and the economic crisis. This situation led to the dissa¬
tisfaction of the minorities.
It was only during the authoritarian regime of King Carol II, on Au¬
gust 1st
1938,
that the Statute of the Minorities as published and a Minis¬
try for the National Minorities was founded, which was to be dissolved by
the national
-
legionary which came to power on September 14th
1940.
Csaba ZAHORÁN
A little Hungary in Greater Romania. Alternatives Regarding
Szeklerland in Hungarian Plans Between the Two World Wars
The study analyses the Hungarian plans and propositions regarding
the Transylvania question in the interwar period
(1918-1940)
and fo¬
cuses on the issue of Szeklerland
-
a region with a Hungarian (Szekler)
majority in the very centre of Greater Romania. Suggestions ranged from
setting up an independent or autonomous Transylvania or Szeklerland
within Hungary or Romania to the region having cultural and educatio¬
nal autonomy within the Romanian state. The
31
examined drafts con¬
cerning the region s integration in Hungary or Romania varied in accor¬
dance with the actual political situation and with chances of a change in
the status quo. The study concentrates on the parallels and common as¬
pects of the different plans. The documents reveal Hungarian ideas con¬
cerning the building of the Romanian nation-state and the government s
minority policy in the two decades between the two world wars, as well
as the Hungarian elite s conceptions of Transylvania and Szeklerland and
their future.
Liviu CĂRARE
The Jews in Romania between
1938-1940.
From the Citizenship
to exclusion
The
1923
Constitution garanted Romanian citizenship to all the
country s minorities, including Jews. This legal regulation lasted until
1938
when the government has enacted the January
22
citizenship law
revision, which was based on racially discriminatory grounds. Decree-
Law no.
169/22
actually cancelled the citizenship granted to Jews after
430
ABSTRACTS
World War I. The interval between the years
1938-1940
captures the
evolution of Romanian anti-Semitic legislation, since the dictatorship of
Carol II and ending with the Antonescu regime. Thus, there was gradual
deterioration of the situation of Jews that culminated with the impact of
territorial cessions in summer
1940,
followed by exclusion of the Hebrew
element from all state sectors and structures. Romania s relation with
the Western totalitarian regimes contributed to an accelerated spread of
fascist elements. The pressure of Nazi Germany and Soviet Russia have
led directly and indirectly to identify Romanian Jewry as scapegoat for
all the state failures. Henceforth Jews will be treated as an enemy from
within, and their rights and freedoms be restricted. This restrictive mea¬
sures were accompanied by violence, massacres and pogroms of the local
population against the Jews.
Zsuzsa
PLAINER
From Theater Play to Discourse
-
Symbolical politics of a local
Hungarian society in the 80-ies
András Sütő s
play, A Hapy Mourning was presented in
1987
by the
Hungarian section of the theater in
Oradea.
Aknowleged as a great public
success, this work of art written by one of the well-know figure of minori¬
ty cultural resistance, was turned into a discourse on Hungarian-ness by
the local theater elite. This study tries to identify those cultural mecha¬
nism that enabled such a discoursive production. Analysing the possible
meanings of the play (given by the author, by the stage director as well as
by the censors), the existence of certain duplicity in reading codes beco¬
mes obvious: even in the totalitarianism of
Ceauşescu s
Romania it was
possible for a work of art to convey meanings relevant either for the offi¬
cial ideology or for the Hungarian minority nationalism, confronting the
former. Presentation of such phenomena has a certain aim: it highlights
the nature of cultural politics, so common for the 80-ies but regarded
irrelevant for the social studies after
89.
Balázs DOBOS
The Aims and Concepts of Minority Policy in Hungary
(1988-
1993)
The study aims to introduce and analyse the main objectives and
concepts represented by the major actors within the framework of for¬
mulation of the
1993
law on the rights of national and ethnic minorities
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ Şl DE EST
in Hungary. On the whole it concentrates on the examination of both the
substantive issues of minority interests and the way they made attempts
to prevail over others. In consideration of Hungarian minorities living
abroad it challenges the prevalent hypothesis stating that granting ex¬
tended individual and collective rights and non-territorial cultural au¬
tonomy for the minority groups in Hungary, however, proved to be just
an instrument for Hungary to set an example for the neighbouring coun¬
tries. I argue that indeed this could be one of the major aims but this was
complemented by other, mostly more powerful political and financial in¬
terests and concepts at domestic level.
Radu CHIRIŢĂ
Ethnic and Racial Discrimination in the Jurisprudence of the
European Court of Human Rights
The present paper focuses mainly on the jurisprudence of the Euro¬
pean Court of Human Rights as far as discrimination on ethnic or racial
bases is concerned, as well as the relationship of Romania with this juris¬
prudence, given the conditions of the Romanian state being on the third
place in a top list of the number of condemnations pronounced by the
European Court because of treatments discriminatory from an ethnic or
a racial point of view.
The first part of the paper is a quick synthesis of the criteria on the
basis of what the existence of an ethnicity or race-based discriminati¬
on is determined in the jurisprudence of the European Court of Human
Rights. From this perspective we must emphasize especially that, accor¬
ding to the very recent jurisprudence, the existence of such a treatment
can be also determined on statistical bases, a criteria the introduction of
which is quite far away in our internal jurisprudence, even if some of the
decisions of the ECHR are already introduced.
The second part of the paper synthesizes those situations in which Ro¬
mania was condemned as a follow-up to the procedure in front of the Euro¬
pean Court of Human Rights, trying to identify the eventual consequences
of these decisions in the internal legislation and jurisprudence
Finally, the paper presents some personal opinions referring to the
compatibility of the internal right system of ethnic and racial minority
protection against discrimination and the jurisprudence of European in¬
stances in the matter.
432
ABSTRACTS
Sergiu
CONSTANTIN
The Italian and Slovenian Legal Frameworks for Protection of
National Minorities
The article provides a concise analysis of two complex national syste¬
ms for protection of national minorities. Italy and Slovenia represent inte¬
resting case-studies for the Central and South Eastern European context.
They are neighbouring countries, members of the European Union and
both have a kin minority living on the territory of the other.
While the brief introductory part answers the question who are the
officially recognized minorities? , the main part of the paper deals with
the Italian and Slovenian legal and institutional frameworks for minori¬
ties in two key areas: education and political participation. The research
focuses on the so-called minorities with special status meaning the Ger¬
man speaking South Tyroleans and the Ladins in Italy, and the Italian
and Hungarian communities in Slovenia.
The conclusions offer a short comparison of the two systems highli¬
ghting the asymmetric features of the protection of minorities in these
countries.
Mihály TÓTH
Creation of Minority Protection Laws and their Validation in
Ukraine. Experiences of a New Nation State s Minority Politics
The minority politics of Ukraine underwent significant changes from
the period of independence and up to our days. The author intends to
clarify the birth and differentiation(s) of this politics, presenting the main
stations and characteristics of the legal context regulating relations of
nationalities and languages. Changes occurred in the judgement of the
minority question constitute a part of the evolution of the conception re¬
ferring to the construction of the state, which, in a relatively short histo¬
rical period, from a state ideal liberal from every perspective gradually
arrives at the conception of an administratively absurdly centralized one
nation-state with one language. In the framework of this conception a
politics of minority protection is gradually replaced by the protection of
the majority from the minorities.
433
140
DE ANI DE
LEGISLAŢIE MINORITARĂ ÎN EUROPA CENTRALĂ ŞIDE EST
István HORVÁTH
Minority Language Rights and Minority Language Use in Ro¬
mania
In the last approximately two decades a specific change of trends
characterized minority language policies in Romania. The language poli¬
cy of the first years following the change of political systems (approx. the
period
1990-1996)
was not beneficial for the minorities in many respects,
then, beginning with
1996
(even if not in a fluent manner and also para¬
doxical to a certain degree) a new language policy course started, which
tolerated pluralism and also supported some of its aspects. In the first
part of our paper we will analyze the characteristic features of the diffe¬
rent language policy directions, and also the specificities of the current
language policy in Romania. In the second part, based on data concer¬
ning characteristics of language use of the Hungarians in Romania, we
will evaluate the efficiency of the current language policy course, from
the perspective of minority language use.
István Gergő SZÉKELY
Specific Election-Rights Solutions for Minorities
-
Romanian Le¬
gislation in a Comparative Frame
The aim of this paper is twofold: to review some examples of special
institutional solutions meant to facilitate the political representation of
national minorities, and to analyse the Romanian regulations in force
by comparing them to these examples that can be found worldwide. The
paper is structured in the following way. first, we distinguish between
general and special electoral rules, the latter type being those rules that
apply only to the minorities and are meant to facilitate their participation
in decision making. Second, we present the main types of special elector¬
al rules (statutory quotas, reserved seats, exceptions from the electoral
threshold etc.), offering examples for each type. Third, we discuss two
fundamental dilemmas that have to be addressed by any of these special
solutions: defining the groups entitled to preferential treatment and the
compatibility of affirmative action with the principle of the equality of
votes. The remainder of the paper is dedicated to the special electoral
rules employed in Romania: the analysis covers the regulations in force
both at the level of the Parliament and of the local councils. In the final
section, some possibilities for improving the current Romanian system
are explored.
/N
434
ABSTRACTS
Attila
VARGA
A System
of Minority Rights and the Cultural Autonomy in the
Law-Project on the Situation of National Minorities
After the year
1989,
which is generally accepted as the date of the
change of political systems, in the Central and Eastern European region
in general, and in Romania in particular, a bad, mistaken interpretation
of freedom, a precocious situation of the law state, and as a result of the
euphoric atmosphere caused by the independence and sovereignty of the
state, the ideal of national exclusivity, national unity and of an agreement
without conditions came to the forefront, which manifested itself politi¬
cally in the constitutional anchorage of the nation state.
In such a political situation and constitutional framework the natu¬
ral presence and reality of national, ethnic, linguistic, cultural and re¬
ligious diversity came face to face with the illusion of the majority na¬
tion s uniqueness, singularity, exclusivity, and even if belatedly acquired
power.
In the last fifteen years the relationship of the majority and the na¬
tional communities living in minority changed and formed on the differ¬
ent platforms of the social and political public sphere, and as a result of
this (process) minority protection dispositions appeared in the different
legal conventions, conditions of social coexistence normalized to a great
extent, however, true and overall legal regulation has not happened up
to now.
That the necessity of the law referring to the rights of national mi¬
norities was accepted can not be considered a change of paradigms in po¬
litical public thinking, still, if the law project prepared by the DAHR will
be accepted in legislation and be applied in practice, it could be evaluated
as a serious breakthrough, that can open new perspectives in minority
protection regulations, and the quality of minority life as such.
435
|
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| era_facet | Geschichte Geschichte 1868-1918 |
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| illustrated | Not Illustrated |
| indexdate | 2024-07-10T00:33:49Z |
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| language | Romanian |
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| spelling | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est ed.: Gidó Attila ... [et al.] Cluj-Napoca Ed. Inst. pentru Studierea Problemelor Minorităţilor Naţionale [u.a.] 2010 439 S. txt rdacontent n rdamedia nc rdacarrier Zsfassungen d. einzeln. Beitr. in engl. Sprache Geschichte gnd rswk-swf Geschichte 1868-1918 gnd rswk-swf Minderheitenpolitik (DE-588)4170001-6 gnd rswk-swf Ungarn (DE-588)4078541-5 gnd rswk-swf Siebenbürgen (DE-588)4054835-1 gnd rswk-swf Rumänien (DE-588)4050939-4 gnd rswk-swf (DE-588)4143413-4 Aufsatzsammlung gnd-content Ungarn (DE-588)4078541-5 g Siebenbürgen (DE-588)4054835-1 g Minderheitenpolitik (DE-588)4170001-6 s Geschichte 1868-1918 z DE-604 Rumänien (DE-588)4050939-4 g Geschichte z Gidó, Attila 1979- Sonstige (DE-588)1037924037 oth Digitalisierung BSB Muenchen 2 application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=025765090&sequence=000003&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA Inhaltsverzeichnis Digitalisierung BSB Muenchen 2 application/pdf http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&local_base=BVB01&doc_number=025765090&sequence=000004&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA Abstract |
| spellingShingle | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est Minderheitenpolitik (DE-588)4170001-6 gnd |
| subject_GND | (DE-588)4170001-6 (DE-588)4078541-5 (DE-588)4054835-1 (DE-588)4050939-4 (DE-588)4143413-4 |
| title | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est |
| title_auth | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est |
| title_exact_search | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est |
| title_full | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est ed.: Gidó Attila ... [et al.] |
| title_fullStr | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est ed.: Gidó Attila ... [et al.] |
| title_full_unstemmed | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est ed.: Gidó Attila ... [et al.] |
| title_short | 140 de ani de legislaţie minoritară în Europa Centrală şi de Est |
| title_sort | 140 de ani de legislatie minoritara in europa centrala si de est |
| topic | Minderheitenpolitik (DE-588)4170001-6 gnd |
| topic_facet | Minderheitenpolitik Ungarn Siebenbürgen Rumänien Aufsatzsammlung |
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