Ethnical minorities and issue of changing the state territory

• Author: Cristian Jura - Denis Buruian
• Position: University Professor, PhD, State Secretary, National Council for Combating Discrimination - PhD candidate Public Order and National Safety, 'Alexandru Ioan Cuza' Police Academy, Bucharest, Romania
• Pages: 88-97

AGORA International Journal of Juridical Sciences, www. juridicaljournal.univagora.ro

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

No. 4 (2014), pp. 88-98

88

ETHNICAL MINORITIES AND

ISSUE OF CHANGING THE STATE TERRITORY

C. Jura, D. Buruian

Cristian Jura

University Professor, PhD

State Secretary

National Council for Combating Discrimination

* Correspondence: “Piaa Walter Mrcineanu”, 1-3, 2

nd

floor, 1

st

sector, Bucharest, Romania

E-mail: cristianjura@yahoo.com

Denis Buruian

PhD candidate Public Order and National Safety

“Alexandru Ioan Cuza” Police Academy, Bucharest, Romania

*Correspondence: “Alexandru Ioan Cuza” Police Academy, 1-3, Aleea Privighetorilor, 1

st

sector, Bucharest, Romania

E-mail: buruiandenis@yahoo.com

Abstract:

Although, traditionally, the European Union is associ ated to the uniformity of the rules

imposed, such as common market or unique currency, the challenge for European Union

consists in finding the balance between the uniformity of economic rules and diversity

involved by the multitude of traditions, cultures, ethnic groups living between its borders,

diversity to be enriched more pursuant to the accession of candidate states.

Therefore, even if through time it was brought in discussion countless times, lately the

problem of secession has become more and more emphati c, both in states from the European

Union – Spain (Catalonia, Basque Country), Belgium (Flanders) or Great Britain (Scotland)

and in other European states, like the cases of Kosovo and Crimea.

Keywords: ethnical minorities, secession, self-determination, Kosovo, Scotland,

Crimea.

Introduction

Despite the fact that Scotland rejected, by referendum, the acquirement of

independence, and the Constitutional Court of Spain suspended the effects of law and of

Catalan decree related to the referendum on the independence of Catalonia called on 9

November 2014, accepting the recourse presented by the Government from Madrid, opposing

to such vote, the issue of ethnical minorities, as well as the issue of modifications of state

territory is current, ca ptivating the European separatists. Such secessionist movements, who

have gained momentum lately and who we meet more often, are underpinning their

independence requirements on the right of self-determination of peoples, a principle that is

recognized in a series of international fundamental instruments like the UN Charter, the

Declaration on Principles of International Law, the Convention on Civil and Political Rights,

the Final Act of Helsinki, The African Charter of Human Rights or the CSCE Charter from

Paris for a New Europe; moreover, it was reaffirmed by the ICJ in the Namibia, Western

Sahara and Eastern Timor cases, when it was confirmed its erga omnes character that allows

people to choose their own political statute and to determine their own economic, social and

cultural development.

Minority in the current context from Europe