Misbeliefs about Autonomy
The Constitutionality of the Autonomy of Szeklerland
Summary
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author
- About the book
- This eBook can be cited
- Acknowledgements
- Contents
- List of Abbreviations
- List of Tables and Figures
- 1 Introduction
- 1.1 Novelty and Relevance of the Analysis
- 1.2 Structure of the Book
- 1.3 Theoretical and Methodological Framework
- 1.4 Primary Concepts
- 1.5 Relating Concepts
- 1.6 Historical Background
- 1.7 What and Why
- 1.7.1 Basic Features of the Draft Law on the Autonomy of Szeklerland
- 1.7.2 Driving Forces Behind Szekler Autonomy Aspirations
- 1.7.2.1 Linguistic Rights, Cultural and Educational Issues
- 1.7.2.2 Religious Discrimination
- 1.7.2.3 Economic Discrimination
- 1.7.2.4 Constraints on the Use of Symbols
- 1.7.2.5 Lack of Dialogue and Insufficient Administrative Practices
- 1.7.2.6 Securitization of Autonomy Aspirations
- 2 Autonomy and the Constitution of a Nation State
- 2.1 Romanian Constitutional Traditions
- 2.1.1 Liberal Constitutionalism
- 2.1.2 Communist Period
- 2.1.3 Post-communist Period
- 2.1.4 Constitution in Force
- 2.2 Opinion No. 405/2004 – the Essential Summary of All Arguments
- 2.2.1 Substantive Objections
- 2.2.2 Procedural Objections
- 2.3 Decision No. 80/2014 of the Constitutional Court of Romania Rejecting the Constitutional Amendments Proposed by the Special Committee of the Parliament – the Constitutional Court and the Recognition of the National Ideal
- 2.4 Political Assertions
- 2.5 Similar Approaches
- 3 Deconstructing the Constitutional Barrier
- 3.1 Counterarguments to Opinion No. 405/2004
- 3.1.1 Counterarguments to Substantive Objections
- 3.1.2 Counterarguments to Procedural Objections
- 3.2 Counterarguments to Decision No. 80/2014
- 3.3 Legal Entrenchment – Flexible Solutions to Accommodate Autonomy Arrangements
- 4 Policy Implications
- 4.1 Romanian State
- 4.1.1 Options Requiring the Amendment of the Constitution or the Adoption of a New One
- 4.1.2 Options Not Requiring Constitutional Amendments
- 4.2 Minority Community
- 4.3 Kin-State
- 4.4 International Community
- 5 Conclusions
- Bibliography
List of Abbreviations
List of Tables and Figures
Tables
Tab. 2:Proportion of GDP/capita in the CDR counties, relative to the CDR’s GDP/capita average (in %)
Tab. 3:Annual increment of GDP/capita in the counties of the Central Development Region
Figures
Fig. 1:Administrative borders of the Austro-Hungarian Empire
Fig. 2:Territorial changes due to the 1st and 2nd Vienna Arbitrations in 1938 and 1940
Fig. 3:Changing borders of the Hungarian Autonomous Province in communist Romania
Fig. 5:Ethnic map of Transylvania (based on the census of 2011)
Fig. 8:Low income (red), low growth (blue), and other NUTS II regions (white)
1 Introduction
1.1 Novelty and Relevance of the Analysis
With approximately 650,000 members, the Hungarian-speaking Szekler community is one of the largest nationalities of Europe that, despite corresponding efforts, has not yet obtained regional autonomy. The many public protests, demonstrations, the numerous drafts, programs, and manifestos of Hungarian political organizations, scientific institutions, and NGOs show a permanent discontent of the Hungarian minority regarding their legal status in Romania. Given that such discontent was present in different forms ever since the territorial changes after the First World War occurred, the question of the Hungarian minorities in the successor states of the Austro-Hungarian Empire (see Fig. 1) is characterized by some as one of the major unresolved questions of Central and Eastern Europe.1 It is no great surprise, however, that this opinion is not widely shared by state officials of countries having extensive Hungarian minority communities. As a matter of fact, the most common viewpoint one would hear is that the minority question in Romania is solved in an exemplary manner. Any subject which continues to polarize the public opinion so vividly is worthy of scientific analysis.
On the theoretical, conceptual level, Misbeliefs About Autonomy offers a multidisciplinary approach, blending legal studies, social sciences, and history in analysing the arguments of a nationalizing state against regional autonomy.2 The book presents a multi-tier approach to scrutinize the validity of these “nation-state arguments” based on a doctrinal legal analysis, combined with a comparative legal analysis. In this sense, the analysis presented in this book has an educational and awareness-raising core, as it aims to falsify widespread misinterpretations regarding the connection between regional autonomy and its effects on state unity and territorial integrity in general and those of Romania in particular. The book wishes to clarify various minority-related issues and present how these affect Romanian public policy decision, while also introducing, for the wider public, the Szekler community of Transylvania, and the self-determination aspirations thereof.
Details
- Pages
- 186
- Year
- 2021
- ISBN (PDF)
- 9783631868225
- ISBN (ePUB)
- 9783631868232
- ISBN (Hardcover)
- 9783631855805
- DOI
- 10.3726/b19090
- Language
- English
- Publication date
- 2021 (September)
- Published
- Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2021. 186 pp., 8 fig. col., 3 tables.
