Autonomia locală și protecția juridică a drepturilor minorităților naționale în România - Explicații și delimitări conceptuale

Abstract

The issue regarding the extent, the substance, respectively the nature of the national minorities’ rights on the political-constitutional level of the states, has been representing, on the one hand, a complex and broad topic in the light of the international regulations in the field and, on the other hand, a controversial and sensitive topic at national level, in the light of the necessity to protect the fundamental values of the states. One of the current approaches referring to the manifestation of the national minorities’ rights highlights the attempt to often absorb in the substance of those rights, some other rights which exceed the preoccupations of these groups to preserve their ethnical identity, such as the local autonomy. The author undertakes the task to clarify in this regard the nature and limits of this principle, which lays the foundation of the administrative organization of the Romanian territorial communities. The approach has as a final goal the explanation and conceptual disjunction of local autonomy, as an administrative phenomenon, separately from the concept outlined in the political-ethnical sphere, and thus eliminating the possibility of producing any confusion. The analysis is performed in total compliance with the national legal order.