Abstracts Nr 2, 2018


 Adrian SzelmencziOn the Fourth Opinion of the Advisory Committee regarding Romania’s implementation of the Framework Convention for the Protection of National Minorities

Abstract: The article discusses the manner in which Romania complies with its commitments regarding the respect for the rights of national minorities. First I summarize the last Opinion of the Council of Europe and then I describe several cases in the national jurisprudence concerned with the rights of national minorities. I show that, while Romania has an adequate legislation regarding the rights of national minorities, it is often violated with the help of the national courts. The courts either ignore international conventions that Romania has signed and ratified or purposely misinterpret the national legislation in a manner unfavorable to national minorities. The efforts of national authorities are not generally directed toward a good-faith implementation of the provisions of the Framework Convention but instead toward finding legislative means of restricting the rights of national minorities.

Keywords: national minorities, linguistic rights, Framework Convention for the Protection of National Minorities


Emil Moise, The NCCD decision regarding discrimination by formally grading for the subject Religion. A step towards supporting the best interests of the child

Abstract: The article studies one of the manners of religious indoctrination in Romania, the formal grading of the subject Religion as part of the yearly mark. I analyzed the complaint of Ms. Violeta Rădăcină, the mother of a child who missed on taking first prize because he didn’t enroll in Religion, and the complaint of the Association "Solidarity for Freedom of Conscience" regarding the same issue. I evaluated the authorities’ response to these complaints, in particular the NCCD decisions no. 632/2017 and no. 212/2018, that recognized the discriminatory character of formally grading students for the Religion subject and thereby increasing their yearly mark, when no alternative subjects are available. I showed that the decisions provide a new direction for the public school system in Romania. The study points to the provisions of the Convention on the Rights of the Child, highlighted in the reports regarding the respect of the rights of children by some states (Lesotho, Poland, Italy).

Keywords:  religious education, rights of children, Violeta Rădăcină, NCCD, Association "Solidarity for Freedom of Conscience", Convention on the Rights of the Child


Gabriel Andreescu, The political decisions of NCCD. How much of the freedom of speech can be saved?

Abstract: The article analyzes NCCD decisions regarding the former Prime Minister Mihai Tudose, Prime Minister Viorica Dăncilă, President Klaus Iohannis, Chief Prosecutor Laura Codruța Kövesi, Senator Şerban Nicolae, journalist Corneliu Tudor Popescu, and the publication Times New Roman, and argues they represent political decisions. Thus, I show that some decisions confuse discrimination and insult and there is a danger that the NCCD oversteps its jurisdiction when deciding on the issue of insult. I comment on some NCCD arguments regarding identity issues in cases about public policies and interests. One part of the article discusses the provisions of Art. 15 of OG 137/2000 which is meant to protect the dignity of persons and groups. This analysis provides some answers to the question: „How much of the freedom of speech can be saved?”.

Keywords: Mihai Tudose, Viorica Dăncilă, Klaus Iohannis, Times New Roman, NCCD, Art. 15 of OG 137/2000, insult, public policy, freedom of speech