Abstracts Nr 4, 2010
Dezideriu Gergely, Conceptual delimitations of the standard of direct discrimination in EU law and subsequent issues of transposition into Romanian law: permitted exceptions or prohibited derogations?
Abstract: The present paper explores the concept of direct discrimination according to the relevant European law and the process of transposition of this standard into Romanian national law. It provides a comparative analysis of direct discrimination, following similarities and differences resulting from the process of transposition. The theoretical approach is closely accompanied by the subsequent jurisprudence of the European Court of Justice and other human rights international bodies. The intersection of direct discrimination with indirect discrimination and the “exceptions permitted” in discrimination cases are discussed from the perspective of the national law and the jurisprudence of the National Council for Combating Discrimination, the equality body set up according to Directive 2000/43/EC and 2000/78/EC.
Keywords: direct discrimination, legal transposition, exceptions, derogations, National Council for Combating Discrimination, Council Directive 2000/43/CE
Laura-Maria Crăciunean, Protection of cultural diversity in international law – UNESCO between tradition and the culture of diversity
Abstract: While not a plea for cultural relativism, this article will show and discuss the constant evolution of the importance of the concept of cultural diversity at a worldwide scale, within UNESCO, and emphasize the impact that cultural diversity has on the creation, application and observance of public international law. The rationality of such an attempt lies in the contestable character of contemporary international law as a synthesis of different legal cultures. Bearing in mind this reality, the adoption of international legally binding instruments in this field could be considered an evolution, unless suspected of a different aim. The article will analyze, while listing each instrument adopted within UNESCO, if those legally binding instruments were conceived in order to actually protect cultural diversity or to promote and protect certain political and economical interests of the powerful states of world. What are the goals of these instruments? To protect a state’s cultural diversity and then devise a set of common universal values or, rather, to transform the identity of the actors in order for them to consider then that public international law norms are conceived according with their own conceptions of their identity?
Keywords: culture, UNESCO, cultural diversity, legal culture, international law, cultural international law, culture of diversity, cultural relativism, cultural diversity of expression, democracy, sustainable development.
Mihaela Roxana Prisacariu, Terms and procedures for the recognition of an ethnic group as a national minority
Abstract: The study intends to contribute to the definition of national minorities in the Romanian law, highlighting the points where domestic regulations do not fully meet Romania’s international commitments. The paper will focus on the limitation of the group of national minorities to those already represented in Parliament, on the condition imposed on organizations willing to represent these minorities to obtain a public utility qualification granted by the Government, as well as on the further requisite proof of “representativeness” in 15 counties.
Keywords: national minorities, ethnic groups, National Minorities’ Council, organizations of citizens belonging to national minorities
Gabriel Andreescu, Decent and indecent illiberal multicultural strategies
Abstract: The paper considers the recent official reactions in several European countries to the German chancellor Angela Merkel’s claim that “Multikulti has failed totally”. It argues that such developments are also the result of the erosion of the institutional and normative strength of fundamental rights and liberties against the principle of “cultural defense”. As this notion is often identified with forms of illiberal multiculturalism, the notion of multiculturalism is itself in danger of being compromised. However, in relation to the canonical definition of multiculturalism one should also consider the multicultural strategies which have so far proved practically useful: cultural and territorial autonomies, educational institutions in minorities’ mother tongues etc. The study shows that, given the demands and the issues raised by the main Romanian minorities, the multicultural strategy may well prove successful in the case of the Hungarian community, though not in the case of Roma.
Keywords: multiculturalism, national minorities, ethnic minorities, tradition, cultural defense, canonic model, Hungarians, Roma