Dreptul minorităţilor naţionale de a-şi utiliza limba maternă în administraţie, potrivit Codului administrativ
Right of national minorities to use their mother tongue in administration, according to the Administrative Code

Summary/Abstract: The purpose of this study is to analyze the legal regime of the right of national minorities to use their mother tongue in the public administration, as it is regulated in the Administrative Code, recently adopted by the Government by the Emergency Ordinance No 57/2019. It was established in the Romanian legislation immediately after 1989, through the first Law of the local public administration No 69/1991, taken over and developed by the Law No 215/2001, and through the Administrative Code, it finds its place, mainly, in the 3rd part thereof, dedicated to local public administration. In the Constitution it was established in 2003, by completing the former Article 119, which became Article 120, with a new paragraph, which expressly regulates it. The comparative analysis of the provisions of the former Law No 215/2001 and of those of the Administrative Code reflects certain substantive differences, which raise the question of constitutionality of some of the provisions by which the Administrative Code regulates this right. It is about establishing for the authorities of the local public administration the possibility to decide on the use of the language of a national minority in their relations with these and in the relations with the decentralized public services and in the conditions in which the respective minority does not have a significant weight in the administrative-territorial unit. The analysis of the legal regime of this right in the Administrative Code is object of research of this study, together with aspects by which the authors intend to make an overview on the evolution of its regulation in Romania in the last decades. There is considered the regulation established after 1990, at legal level and at constitutional level, as well as the legislative solutions of this problem found in other states.

• Details
• Contents