Abstracts No 2, 2012
Corneliu-Liviu Popescu, Contentious practice in Romanian urbanism - the case of the Catholic Cathedral in Bucharest
The construction of an office building next to the Catholic Cathedral in Bucharest –an historical monument -, made possible by confusing laws and the subsequent administrative abuses and failures of the law system, is a violation of the freedom of religion, the freedom of association, the peaceful enjoyment of one’s possessions, the right to a fair trial and the right to an effective remedy, as rights protected by the Convention for the Protection of Human Rights and Fundamental Freedoms.
Keywords: Catholic Cathedral, freedom of religion, freedom of association, peaceful enjoyment of one’s possessions, Convention for the Protection of Human Rights and Fundamental Freedoms
Valentin Constantin, The exception of unconstitutionality when invoked by the State
The law on the organization and functioning of the Constitutional Court includes the State among those that can claim an exception of unconstitutionality. This is one of the reasons why the Constitutional Court’s readiness to get involved in fights between parties, in the form of ”legal conflicts of a constitutional nature”, had such far-reaching consequences. Among them: in extenso opinions explaining unreasonable political decisions, minimal justifications that lacked compassion for the exceptions of private citizens, preferential scheduling for political arbitration, exceedingly long terms for private persons. The Court’s main function, of protector of the fundamental rights, has become secondary.
Keywords: legal conflicts, arbitration, fundamental rights, political decisions, Constitutional Court
Gabriel Andreescu, Observations on the Sindicatul Păstorul cel Bun v. Romania case
The Sindicatul Păstorul cel Bun v. Romania case is particularly interesting because it highlights the tension between fundamental human rights – the freedom of thought, conscience and religion and the freedom of association among them – and on the other side the principle of the autonomy of religious denominations. The study summarizes the case, reviews the Romanian reactions to the decision of the European Court for Human Rights and then discusses the institutional and spiritual-dogmatic dimension of religion, in line with Weber’s distinction on the subject. The financial interests and the interest in attaining power of churches, achieved through institutionalized forms of religious practice, make many churches an enemy of the universal advance of human rights. Therefore, as defender of the values and rights formulated in the European Convention for the Protection of Human Rights, the ECtHR will read the principle of autonomy of religious denominations in line with the standards of human rights and fundamental freedoms.
Keywords: the freedom of thought, conscience and religion, freedom of association, Sindicatul Păstorul cel Bun, European Convention for the Protection of Human Rights, European Court for Human Rights