The concept of damage and right of redress in the European context, regarding minorities

• Author: Matei Dragomir
• Position: Prosecutor, Court of Constanta
• Pages: 17-24

THE CONCEPT OF DAMAGE AND RIGHT OF REDRESS IN THE

EUROPEAN CONTEXT, REGARDING MINORITIES

Matei Dragomir

Abstact

The concept of discrimination refers to the assembly of behaviours and atitudes by

which the same rights and oportunities are denied to a category or group of people,

meanwhile are being granted to others within the same political society. Discr imation is an

individual action and the national authority designed to investigate, find and punish this kind

of acts conventionally is called The National Committee Against Discrimination.

Key words: prejudice, discrimination, liability, causal, minorities, fault.

Introduction

The lega l liability which a lso means the correction of the da mage concerning the

committing of such acts, which by their concrete content and by their means of manifestation,

are circumscribed to the name of discrimation, cand be found in three forms: minor liability

under the provisions of article 19-20 of the O.G. no. 137/2000, tort liability for its act,

implemented by means of the article 998-999 form the Civil Code, which makes the basis of

establishment of the general conditions of liability, and the existence of material or mora l

damage, the existence of illegal acts, the raport of causa lity between unlawful act and the

injury and the guilt of the one to cause the damage, meaning the intention, neglect or

imprudence by which he acted on.

The function of any social establishment, as Hans Kelsen shows, is to instill certain

behaviour of people obeying this order of establishment, to determine them to omit some

damaging actions and to act in a way considered useful to the society. Such motivational

actions can be determined by the created image of the norms which order or prohibit

different human actions. In the essence of social establishment, completed by the

construction of different normative systems ( where the judicial outsands the others in being

the most efficient), lies liability and penalty. Basically breaking the judicial norms brings

liability of the guilty in front of the law.

In judicial literature it has been shown that "liability means the complex of right and

obligations attached, which-by the law- is born as a consequence of committing illegal acts,

and which makes up the environment for exertion of constraint by the state by means of

applying judicial penalty for achieving the goal of fair social raports and the correct guiding

of members of the society in the spirit of obeying the legal order". Definded as so, liability

cannot be mistaken for penalty, the two, even though being two sides of the same social

fenomena, make as two different things, because judicial liability makes the judicial

environment for the penalty.

Civil liability comes with its own specific features, which makes it particular in the

mechanism of judicial liability; the specificity of civil liability consists of the obligation of

full repair of the damage, which must come from the author of the damage or the one called

 Prosecutor, Court of Constana, dima.geta@yahoo.com