Az erdélyi románok kisebbségjogi jogállása 1918 előtt
The pre-1918 Minority Rights Status of Romanians in Transylvania)

Summary/Abstract: The adoption of the new Code of Hungarian Civil Procedural Law (Act CXXX of 2016) was motivated by the aim of regulating the legal framework of private enforcement before courts by modern procedural rules in accordance with international and European Union tendencies. The provisions of procedural guarantees in the field of remedies and related proceedings are especially important due to their connection to fundamental rights. The new Act includes – both in the fields of ordinary and extraordinary remedies – conceptually new rules as well as fundamental rights guarantees and new legal instruments among the traditionally accepted provisions.The purpose of the study is to explain the evolution of regulations that resulted in minority rights for Romanians living in Transylvania in the pre-1918 period. The study analyzes in detail the advancement of the idea of “nationalities” (in the meaning of national minorities) in the legislation from the last decade of the 18th century and presents the legal claims of the Transylvanian Romanians against the Habsburg Empire and the Hungarian Parliament. The authors present the Nationalities Act adopted in the 1848 revolution, but left without consequences, and examine the development of laws on minority rights during the legislative period following the Austrian-Hungarian settlement. The article discusses the grand debate on the act on nationalities, which took place in the Hungarian Parliament in 1868, and describes the later assimilation efforts by the majority lawmakers. The authors draw attention to the fact that non-Hungarian nationalities have acquired a minority status only after the adoption of the Nationalities Act by the Hungarian state which became a so-called majority state.

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