NRDO

Daniela-Anca Deteşeanu, La Cour Européenne des Droits de l’Homme en crise ? (I) – La procédure à la Cour Européenne des Droits de l’Homme, entre reforme et retour en arrière

Abstract: The article “La procédure à la Cour Européenne des Droits de l’Homme, entre reforme et retour en arrière”, a first part of the study “La Cour Européenne des Droits de l’Homme en crise ?”, focuses on those modifications operated, over time, to the provisions of the European Convention on Human Rights and Fundamental Freedoms, for the alleged purpose of improving the efficiency of the judicial activity of the European Court of Human Rights. Currently, one of the main problems of the Strasbourg court remains the case load, and the reforms operated up to this point only offered punctual and limited solutions to this problem. The article offers a general overview on these reforms which used the modification of the conventional provisions as main instrument, starting with the first efforts to adjust the judicial mechanism in the ‘80s and up to now, when new changes are considered, through the Protocols no. 15 and 16. The second part of the study, to be published in the future, will concentrate on those measures for the improvement of the activity of the European Court of Human Rights, adopted by the Strasbourg bodies, which do not involve any change of the provisions of the founding treaty.

Keywords: European Convention on Human Rights, European Court of Human Rights, reforms, Protocols no. 15 and 16, judicial activity, efficiency, backtracking

Măriuca Oana Constantin, Patterns of the application of the criminal prescriptions in the Romanian case-law connected to the custom of child marriage

Abstract: The study focuses on the relationship between justice and diversity in Romania. More specifically, I investigate the recent criminal jurisprudence derived from the custom of child marriage practiced by some Roma communities. The purpose of the analysis is to discover potential patterns in how the judges deal with cultural identity when a tradition appears to be relevant for the case prima facie, but at the same time it represents a violation of children's rights, personal autonomy and gender equality. In an interdisciplinary approach, I determine if the verdicts are in favor or against the tradition, and if they lead to a de facto use of the cultural defense. I explore the Romanian case-law on child marriage, through the lenses of liberal multiculturalism and liberal feminism, focusing on the consequences of applying the cultural defense in this specific controversial situation. As a conclusion, I attempt to find and propose a solution de lege ferenda with the potential of clarifying priorities when there is tension between the legal system, the preservation of cultural identity and the rights of the most vulnerable members of traditional communities.

Keywords: justice, diversity, cultural defense, Roma, child marriage, criminal jurisprudence, liberal multiculturalism, liberal feminism

Emil Moise, The Application of Decision 669/2014 of the Constitutional Court: the toils of registering for the Religion class (I)

Abstract: This first part of a larger article describes the reactions, documented over a period of several months – November 2014 – March 2015 –, elicited by Decision 669/2014 of the Constitutional Court. I highlighted, on one hand, the manner in which the rights of children to equality in front of the law and freedom of thought, conscience and religion, in its interaction with the right to education, are negotiated between the Romanian Orthodox Church and fundamentalist religious organization, and the Ministry of Education and Research, in violation of the superior interest of the child. I also documented the efforts of NGOs fighting for the separation between Church and State, as an essential condition for the promotion of the rights of the child within public schools. The confrontation between the actors mentioned above, begun long before the start of this study, highlights the evolution of the regulations and the jurisprudence of district courts and the Constitutional Court in this area, i.e. the separation of Church and State, in particular in the case of religious education in public schools.

Keywords: Romanian Orthodox Church, Ministry of Education and Research, Religion class, separation of Church and State, public schools, Decision 669/2014 of the Constitutional Court