Abstracts Nr 2, 2019

 

Effi Fokas, Evolutions of Religious Pluralism in Europe

Abstract: The introductory article defines the conceptual background against which the rest of this special issue, occasioned by the European Court of Human Rights’ (ECtHR) decision in the case of Tothpal and Szabo v. Romania, may be read. It argues that the jurisprudence of the Court should be explored not only within the narrow framework of the courts’ immediate, concrete effects, but also in terms of the social effects they generate at the grassroots level and on a longer term. It also briefly introduces the European Research Council-funded project GRASSROOTSMOBILISE, which has deployed precisely such a perspective in looking at the ECtHR’s religious freedom jurisprudence.

Keywords: GRASSROOTSMOBILISE, court of justice, social dynamics, majority Church, The European Court of Human Rights

 

Mihai Popa, Liviu Andreescu, Legal protection of religious groups in the light of the ECtHR decision in the case of Tothpal and Szabo v. Romania (2019)

Abstract: The European Court of Human Rights’ (ECtHR) recent decision in Tothpal and Szabo v. Romania, finding that the punishment of two defrocked pastors for continuing to lead their supportive congregations was in breach of Article 9 of the European Convention, rounds out that Court’s jurisprudence on religious freedom. In this article, we aim to provide a broader context for the ruling and to spell out its wider implications on religious life in Romania at the present time. To these ends, we introduce the case of Tothpal and Szabo alongside two other, recent similar ones; we analyze the latter’s circuit in domestic courts; we place the recent ECtHR decision within the frame of the Court’s religious freedom jurisprudence; and, finally, discuss the ruling’s potential impact on interpreting the provisions of Romania’s law on religious freedom.

Keywords: religious freedom, priest, Case of Tothpal and Szabo v. Romania, The European Court of Human Rights

 

Elena Laz─âr, Slavery, servitude and forced labor in the ECHR system: concept and current evolution nowadays

Abstract: Modern slavery, servitude and forced labour are taboo subjects in contemporary society, a phenomenon ignored by all. I point out in this article that, on one hand, there is no definition of all these concepts in the European Convention on Human Rights and, on the other hand, the Court's case-law shows its reluctance to recognise new forms of slavery, servitude or forced labor.

Keywords: forced labor, slavery, servitude, remuneration, European Court of Human Rights

 

Gabriel Andreescu, On an essay about Hungary, Transylvania and Trianon

Abstract: I analyzed the article "The two Hungaries, Transylvania and the Trianon", emphasizing the general aspects of its themes and theses, but also noting the relationship between the author, Dan Dungaciu, and relevant, important institutions, such as the Romanian Academy and the Ministry of Foreign Affairs. I followed the arguments made by the author in support of his position that the Hungary of today and the leaders of the Hungarian communities in Transylvania have irredentistic goals and therefore pose a danger to the Romanian control over Transylvania. Although he starts from natural grievances regarding the policies of Victor Orban and FIDESZ, Dungaciu goes beyond such issues to discuss the fundamentals of the Romanian-Hungarian relationship. I discussed at length the concept of the cultural nation, which plays an important role in the political culture of Hungarians. I compared the effects of granting citizenship to the Hungarian inhabitants of countries neighboring Hungary to the effects of the Romanian policy in the same area. I presented the elements that determine the faithfulness of individuals towards the political community to which they believe they belong. In the Appendix I highlighted the manner in which Ioan-Aurel Pop, the president of the Romanian Academy, has manipulated the text of the declaration of Alba Iulia.

Keywords: anti-Hungarian xenophobia, irredentism, citizenship, Dan Dungaciu, Victor Orban, Ioan-Aurel Pop, Trianon