The principle of non discrimination and the protection of national minorities in the european judicial space

• Author: Jana Maftei - Licuta Coman Varvara
• Position: University Lecturer Dr., 'Danubius' University from Galati, Law Faculty - University Assist PhD in Progress, 'Danubius' University from Galati, Law Faculty
• Pages: 125-134

THE PRINCIPLE OF NON DISCRIMINATION

AND THE PROTECTION OF NATIONAL MINORITIES

IN THE EUROPEAN JUDICIAL SPACE

Jana Maftei

*

Varvara Licuţa Coman

**

Abstract

This study aims at analyzing and scientifically interpreting the

provisions in this matter that are comprised in the European documents,

reflecting the manner in which the European legislation and the mechanisms

created b y these regulations offer protection to national minorities by

applying the principle of non discrimination.

Key words: national minorities, non discrimination, European

Union.

1. Introduction

The subject of the human rights in general, and the issue of the

individual rights belonging to minorities in particular, has represented a

constant and progressive preoccupation within the European Union. The

activity of the European Union in fighting against discrimination has been

materialized in establishing an elaborate and efficient legislative frame.

In the present paper we will try to clarify the meaning of some terms,

concepts and notions and to present the content and special juridical

dimension specific to the protection of the national minorities in strong

connection with the application of the principle of non discrimination.

2. Reference marks regarding the concerns of prevent

discrimination and protection of minorities

The socio-judicial and political context was marked by significant

developments in the last twenty-twenty-five years which generated the acute

necessity to establish an efficient legislative frame to realize the fundamental

political standards of the European Union: ensuring compliance with human

rights and promoting these rights, underlining equality and recognizing the

principle of non discrimination.

In the above mentioned period of time, the historical horizon of

Europe was marked by new dimensions wanting to prefigure the success of

*

U niversity Lecturer Dr., “Danubius” U niversity from Galati, Law Faculty,

janamaftei@univ-danubius.ro

**

University Assist PhD in Progress, “Danubius” University from Galati, Law Faculty,

varvara.coman@univ-danubius.ro