NRDO

Dezideriu Gergely, Recent case law of the European Court of Human Rights on the violation of Article 14 of the Convention and the status of cases against Romania

Abstract: This article provides an overview of the case law of the European Court of Human Rights, in particular finding Article 14 violations of the Convention. Starting from the jurisprudential landmark cases regarding the interpretation of the notion of discrimination, it analyses, in a comparative plan, the forms of discrimination recognized in terms of European legislation and reflected in the case law of the European Court of Human Rights: direct and indirect discrimination, harassment and instruction to discriminate, multiple discrimination and discrimination by association.

The table of the case law of the European Court of Human Rights in the last two years is elaborated graphically and presented in detail as per cases where a violation of Article 14 of the Convention has been found in the case of Romania, consistent with the execution of judgments and the state of the supervision process in all these cases. Relevant aspects are pointed out where Romania must resolve pending issues within the terms provided by the Council of Europe’s Department for the Execution of Judgments.

Finally, a selective summary of judgments of the European Court of Human Rights adopted between January and June 2021 are outlined, summarizing the most important aspects of the jurisprudence, for are of non-discrimination.

Keywords: direct discrimination, indirect discrimination, harassment, European Court of Human Rights, jurisprudence, Article 14

Cristian Nuică, Legal considerations concerning Case C-163/20, CP foreign

Abstract: This article seeks to find answers to the question referred for a preliminary ruling in the case of Case C-163/20, PC CP, pending before the Court of Justice of the European Union.

The purpose of this article is to present legally reasoned opinions on the subject-matter of the reference for a preliminary ruling and to show whether it is discriminatory to reduce the family allowance specific to raising minors in the case of migrant workers in Austria but whose minor children reside in the State whose citizens they are.

Following the legal analysis, the author concludes that the situation described is discrimination, and the answer to the question referred should be in the affirmative, namely that EU law prohibits the application of a national law which diminishes the specific family allowance for raising children in in the case of migrant workers who are in the territory of the Austrian State but whose minor children reside in the territory of the State of which they are nationals.

Keywords: Case C-163/20, CP foreign, Austria, European Union, Court of Justice of the European Union; the principle of non-discrimination, migrant workers

Gabriel Andreescu, The strangeness of the dissent opinion in the case Tőkés v. Romania

Abstract: The ECHR decision from 27 April 2021 in the case Tőkés v. Romania is a key step in the “flag wars” started at the beginning of the ‘90s and which are still continuing today. Based on this framing of the issue, the article focuses on the observations submitted by the Governmental Agent and highlights his endorsement of the anti-minority tenets that have dominated the post-Communist policy of the Romanian state; and his distorted interpretation of recommendations and conventions that Romania has promoted and signed. I analyze the content of the dissent opinion in the ECHR case from 27 April 2021, signed by judges Iulia Antoanella Motoc and Gabriele Kucsko-Stadlmayer. This opinion reinterprets the decision of the majority and suggests how the national courts should (not) take into account the decision given by the Court in Strasbourg in the case Tőkés v. Romania – an incitement to disregard the position of the ECHR. I argue that, seen as a whole, the institutional behavior of the police and Prosecutor’s Office and the behavior of the institutions at the interface between the Romanian state and international organizations (the Governmental Agent, the judge sent by the Romanian state to ECtHR) is the expression of a „systemic anti-Hungarianism”.

Keywords: László Tőkés, CEDO, Governmental Agent, Iulia Antoanella Motoc, Gabriele Kucsko-Stadlmayer, systemic anti-Hungarianism