Abstracts Nr 3, 2015


Valentin Constantin , Magna Charta and its ambiguous legacy

Abstract: The article starts from the assumption that the most precious legacy of the Magna Charta is the guarantee of fundamental rights. What I find most important is not that rights must be guaranteed by the courts but that this notion is the only one supported by the social practice. Although the role of the courts in guaranteeing rights is generally accepted as a consequence of the European Convention on Human Rights, the implementation of this notion indicates some ambiguity. In Romania, for example, the court system seems to move away from the model supported by practice.


István Haller , The Jurisprudence of the European Court of Justice on Directive 2000/43/EC

Abstract: The current analysis compares the interpretations of the Directive 2000/43/CE used by the European Court of Justice when implementing the principle of equal treatment of individuals regardless of their race or ethnicity, and the provisions of national law. I used as a source the EU database (www.curia.europa.eu) and the decisions of the NCCD Board. I highlighted the importance of including within national practice the jurisprudence of the European Court of Justice, which has decided that discrimination is not dependent upon the violation of a specific right – contrary to ECHR jurisprudence. I also criticized the fact that, while the ECJ treats racial (ethnic) discrimination as a serious form of discrimination, the NCCD often decides on only symbolic sanctions – warnings instead of fines.


Corina Popescu , La protection du droit de propriété concernant les immeubles confisqués durant le régime communiste à la lumière du principe de la séparation des pouvoirs - les mesures de réparation

Abstract: Law no. 165/2013 was supposed to implement the obligations imposed by the European Court of Human Rights to Romania through the decision in the pilot case Maria Atanasiu et al. v. Romania.

However, Law no. 165/2013 contains several provisions on reparation measures which constitute violations of several constitutional principles, such as the separation of powers, non-discrimination, non-retroactivity and the stability of civil legal relationships.

According to the new legislation, restitution in nature is only possible for the initial owners or their heirs; for persons who acquired their rights by assignment only compensation in points is possible.

Also, the damages are now indirectly limited to the value of the immovable asset as estimated from the table used by public notaries for transactions with immovable rights, which is different from the market value.

Despite the fact that the damages would be paid in installments, there is no provision regarding the actualization of the amount with inflation or the accessory payment of interest. Also, the amount of damages for other persons than the initial owners or their heirs is limited to the price paid for the transfer of the rights plus 15% of the difference to the value of the immovable asset.


Raluca Iustina Ionescu , Stigma in the public discourse on abortion in Romania

Abstract: The article looks at pro-life organizations in Romania. I describe the legal and ideological framework within which the public discourse on abortion takes place in Romania. I identify the main organizations that represent the pro-life movement and their most visible public displays on the subject of abortion. I evaluate the visibility of their endeavors and characterize them from the point of view of political ideology (religious fundamentalism). Last I present a text analysis of public statements occasioned by the pro-life marches organized by pro-life organizations for the past six years in Romania. Using a coding scheme of eleven points, I look at the social processes that produce and reproduce stigma.