Autonomy and minorities

• Author: Tudor Tanasescu
• Position: Faculty of Law, 'Bioterra' University of Bucharest, Romania
• Pages: 189-196

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp. 189-196

189

AUTONOMY AND MINORITIES

T. Tnsescu

Tudor Tnsescu

Faculty of Law, “Bioterra” University of Bucharest, Romania

*Correspondence: Tudor Tnsescu, Bucharest, 3 Pescruului St., Bl. B24 Sc. 3, Et. 6, Ap.

145, sector 2

E- mail: tanasescutudor@yahoo.com

Abstract

Autonomy is a principle/a form of administrative-territorial organization that some

states use, generally for reasons of historical, geographic, demographic, and, in rare cases,

the ethnic considerations. This, as do various forms of federalism or decentralization,

achieved balance between the state and its constituent units, inhabited by populations of the

same origin or origins, creating some favorable conditions for promoting and guaranteeing

human rights and thus to preserve the persons belonging to minorities.

Autonomy is not a right or obligation for territorial community or state, for a minority

or ethnic group. It can however claim to be a local entity, thus including the minorities.

Keywords: autonomy, local autonomy, personal autonomy, territorial autonomy,

ethnic autonomy, decentralization subsidiarity, federalism.

Introduction

The issue of autonomy led to a number of conflicting interpretations due to different

meanings attributed to the concept of autonomy by the representatives, minority leaders,

politicians or law professionals from various countries, including Romania. Controversy

starts generally for the following reason - autonomy would be a specific right of national

minorities to preserve the identity of nature or an administrative-territorial way.

In light of these considerations, the perspective correct understanding of the concept

of autonomy and the incidence of this principle with issues of identity preservation of minority

rights will make a brief presentation of the institution specified in terms of content, scope,

methods of regulation to the international documents and conclusions reflect the results of the

analysis.

I. Considerations on the autonomy. Autonomy, as is the self-government or self-

management, essentially involves the delegation of powers to local authorities or recognition,

sharing certain attributes of state power between central and local bodies, giving the latter

some skills in which to address issues of territorial units that compose a particular state

1

.

Objectives similar to those characteristic of autonomy are concerned and promoted

decentralization policy as a rule, in countries with democratic systems at their territorial units.

If federal structures that are found in different states they lead to the same results for

all federal units constituting the State, delegation of powers but in these situations is much

deeper than for local autonomy and decentralization. In unitary states the powers of

government/power can be a greater or lesser extent decentralized, being assigned to

administrative-territorial units of competency.

1

I. Diaconu, Autonomia. Drept sau modalitate de rea lizare a drepturilor omului, in “Drepturile omului”

Review, no. 1, edited by IRDO, 1966, p. 7-8; T. Tnsescu, Minoritile. Repere instituionale i legislative,

Sitech Publishing House, Craiova 2006, p. 191.