The protection of national minorities in the european framework. Romania, a model of european integration

• Author: Florentina - Janina Mitoiu
• Position: Faculty of Law and Administrative Sciences, University of Craiova, Craiova, Romania
• Pages: 95-102

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

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

No. 1 (2013), pp. 95-102

95

THE PROTECTION OF NATIONAL MINORITIES IN THE

EUROPEAN FRAMEWORK. ROMANIA, A MODEL OF EUROPEAN

INTEGRATION

F. J. Mitoiu

Florentina - Janina Mitoiu

Faculty of Law and Administrative Sciences,

University of Craiova, Craiova, Romania

*Correspondence: Mitoiu Florentina-Janina, University of Craiova, Faculty of Law and

Administrative Sciences, 13 A.I. Cuza St., 200585, Craiova, Dolj, Romania

E-mail: janinamitoiu@yahoo.com

Abstract

The protection of national minorities is a very important theme in European countries

and in the European Union. Although there is not an universally accepted definition of the

notion of national minority, and states can interpret the concept in their own way and adopt

tools to achieve this protection, or not, the European Union promotes diversity and

recommends states to adopt various measures and instruments in this field. This is obvious in

the current context, when different collectivities, more or less ethnically homogeneous,

increasingly demand more rights. Considering that European stability is reflected in the

stability of states, which in turn comes from the policies of the Member States, the Union

encourages the promotion and the protection of minorities ‘rights. Romania has made

significant progress in the protection of national minorities; however, some deficiencies still

stand today.

Keywords: national minorities, languages rights, autonomy, European Union,

minority languages.

Introduction

Democracy means accepting the fact that every citizen of the state has rights that can

be exercised in the State of citizen of which he/she is, regardless of his/her national origin,

and also the creation and the functioning of institutions to ensure this. The sequence of this

fact is that having rights imply having obligations, and minorities, like the citizen belonging

to the majority, cannot evade State sovereignty.

In many European countries, reality show that the people belonging to minorities can be

good citizens of their state, and the state can enforce and protect their ethnic, cultural,

linguistic and religious identity, and also their traditions and culture. This ultimately means

social integration. The protection of the rights and identities of the persons belonging to

minorities must be a factor of democracy, civilization and order. Democracy is thus a reason

and a limit of the rights of the persons belonging to minorities

1

.

1. Definition and recognition of national minorities.

The use of means designed to protect national minorities, and special measures,

involves the recognition of the fact that certain groups have the status of national minorities.

Their existence has been denied by some states. When ratifying the International Convention

1

I. Diaconu, Minoriti în dreptul internaional contemporan (Minorities in Contemporary International Law),

C.H. Beck Publishing House, Bucharest, 2009, p. 424.