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The regime of minorities’ rights in post- Communist Romania

Author(s): Raisa-Maria VĂDUVA / Language(s): English Issue: 40/2013

A modern and democratic Romania that it builds on itself, and aspires to harmonious development, prosperity and emancipation for all its citizens cannot ignore the national minorities, various citizens by origin, language, history and traditions, but equal in dignity, rights and duties with Romanian majority citizens. After having crossed the totalitarian political regimes and historical conjunctions marked by vicissitudes and intolerance, 1989 in the contemporary history of the Romanians, the Elimination of terror and discrimination of any kind. The new democratic Romania, together with its minorities, which they consider worthy citizens of the country, has decided to eliminate any discrimination and persecution, giving all citizens equal rights, opportunities and hopes of economic propaganda, social and cultural, in full respect of the historical traditions, linguistic, spiritual and religious.

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The reparation of moral damages suffered by individuals and legal persons during and after the comunist period. A study on doctrine and jurisprudence

Author(s): Laura Antoaneta Sava,Nichita-Iulian Buşoi / Language(s): English Issue: 42/2014

The principle of full reparation of damages in the field of moral injuries is based on the need to restore relationships broken by a guilty and illicit fact, to reinstatement of the victim, as far as possible, in the situation previous to the act of tort. In the period prior to the establishment and consolidation of the Communist regime in Romania (1865-1952), Romanian classical legal doctrine and case law have set up a joint system of repairing moral damages that included both pecuniary (monetary) and non-patrimonial means (resources). From 1952 to 1989, the practice of monetary remediation of moral damages has been banned, following the Guidance Decision of the Plenary of the former Supreme Tribunal no. VII from December 29, 1952, the motivation of this prohibition being ideological: bourgeois idea of conversion into money of moral sufferings was in contradiction with the fundamental principles of socialist law. The authors used the comparative study of the case-law decisions handed down by Romanian courts in the communist period and after December 1989. The main conclusion of this paper is that, after 1989, the Romanian doctrine and jurisprudence returned to the thesis of repairing moral damages through economic means, including by admitting the idea that legal persons, not only individuals, may suffer moral injuries.

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Europeanization Theories Revisited through Historical Institutionalism. EU as a Public Policy Role Model for Post-Communist South-Eastern Europe in the Field of Security

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 42/2014

From the perspective of studies on the public policies dynamics in the European integration context, the analysis of Europeanization postulates the transfer of practices among the supranational, national, regional and local levels. This transfer supports two meanings: (1) the conceptualization of Europeanization as an explanation for the changes occurring at supranational, national, regional and local levels opting for a top-down approach of this phenomenon, with some authors even placing the concept at the level of supranational institutions created to promote integration; (2) the approach of Europeanization from governance theories perspectives, some authors even adopting an institutionalist and functionalist perspective arguing that Europeanization could be diffused beyond supranational institutions, in a top-down, bottom-up manner and even horizontally, including other security regimes, institutions and processes in the conceptualization of the term. Thus, the research built on Europeanization theories is meant as a study on the process of formally establishing security capacities for countries in a certain regional area. Undergone innovatively, the study offers a new working hypothesis for validation which renders historical conditionalities and Europeanization process of local institutions, state structure and local identities as independent variables for the analytical process on the evolution of security policies placed in the wider context of European integration. The research is thus configured to correlate the national and European formally set security framework and the Europeanization of national and local formal structures.

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Cultura vasalităţii în România post-comunistă

Author(s): Sorin Borza / Language(s): Romanian Issue: 25/2010

The response of the academic discourse within the public space is burdened with the significant limitation of the expression resources. The mass pertinence and the accent on the performer character of the discourse are exigencies which hinder the qualified expertise to offer significant alternatives to public policies thus decisively contributing to the process of modernization and Europeanization. The preeminence of the subtext over the text has transformed public discourse in a target of suspicion and all efforts of recalibration through argumentation on scientific bases are interpreted as an attempt of politization. Rigid under the grips of an artificial “strictness” the contemporary debates in Romania demonstrate the incapacity and lack of decisional quorum of an intellectuality discretely ground by the past’s cowardice. Tired of hard feelings and predisposed to compromise, the academic community has sabotaged (through the inconsistence and inconsequence of taking stand) the prestige which would have allowed the autochthonous “intelligentsia” to launch practical variants of moral reform within a society in which common Good has skillfully negotiated numerous masks, but does not yet find a credible face.

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Minorities and the Issue of Limits

Author(s): Ion DEACONESCU / Language(s): English Issue: 23/2009

This article discusses the diverse national and external manifestations of ethnic groups in the social and political context following 1989. The author claims that there is no juridical, civil or political limit, in fact; only the conditions of economic and social inequality.

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ASPECTS OF THE HISTORIOGRAPHICAL STAGES OF THE NATIONAL RENAISSANCE FRONT – THE POST-COMMUNIST PERIOD

Author(s): Mihaela Buzatu (Hriban) / Language(s): English Issue: 36/2012

After 1938, the year of its establishment, the National Renaissance Front was the subject of numerous historical works. The historical literature dedicated to the first Romanian single political party can be divided into three distinct historiographical stages. Our paper is addressing the last historiographical stage of the National Renaissance Front, the one after 1989; in a previous paper we have presented the first two periods: the first stage (1939-1940), that includes historical works that were written in the first two years after the establishment of the new political party and the second stage (1940-1989), that contains historical papers published during the communist regime.

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THE RELIGIOUS CHANGES OF THE POSTCOMMUNIST BALKAN SOCIETIES

Author(s): Veronica ION / Language(s): English Issue: 36/2012

Radical social changes that have undergone in recent decades of European countries have been accompanied by radical religious changes. Thus, the relation between religion and other components of social life took a different path in the former communist European countries and those who were not part of the communist bloc. Hence, we can see a strong contrast between countries in the north-western and south-east part of Europe, with regard to the public and private religious participation, the arrangements of the recruitment of clergy, the quality of parishioners and the global influence of the main churches.

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Local Political Post-Communist Elite: Reproduction or Circulation of Elite? Study case: Râmnicu Vâlcea Municipality

Author(s): Mihaela Ruxanda / Language(s): English Issue: 37+38/2013

This paper presents the democratization processes across Europe, either after the Second World War (e.g. West Germany, Italy) or after the fall of communism (e.g. Central and Eastern European countries). These have placed the new political elites in a delicate position in which the arrangements selected should have impeded the restoration of authoritarianism or totalitarianism and ensure the unproblematic consolidation of democracy.

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An Inquiry into Geographical Identification and Occupational Status as Variables in Assessing Levels of Nostalgia

Author(s): Roxana Marin / Language(s): English Issue: 37+38/2013

The present paper is an attempt to examine one of the most recurrent and multi-faceted phenomena in transitional, post-communist societies, i.e. the issue of nostalgia for the ancien régime and the repercussions and implications it generates and presupposes on particular spheres of the private life of individuals. The paper follows largely the norms and methodology of Anthony Jackson’s “anthropology at home” (1987), in order to address the impact of two variables – geographical identification and occupational status – upon the display of nostalgic sentiments among two samples in Romania – in Iași and Tecuci (Galați). Consequently, the main argument put forward is that, besides the typical causal explanations revolving around the age and social class variables, postcommunist nostalgia in Romania might be isolated in certain territorial contingencies and circumscribed to specific occupational categories. Starting from the fourfold classification advanced by Ekman and Linde (2002), the paper suggests that nostalgia should be approached from a socio-psychological, rather than a structural, perspective, and it does so by using empirical pieces of methodology (questionnaires, interviews, participative observation, official statistics).

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The Politics of Spectacle and the Crisis of Democracy in Post- Communist Romania

Author(s): Bianca Mitu / Language(s): English Issue: 37+38/2013

The TV entertainment is the primary means of humor for the modern society, the cheapest, most versatile, most comfortable and most affordable. The show is interwoven in the fabric of everyday life, dominating leisure time, shaping people’s political opinions and social behaviors. Lately both politicians and scholars complain about the political apathy as the political participation has declined in many democratic countries. The aim of this study is to analyze the relation between political entertainment and young citizens’ political engagement. The relationship between entertainment and politics or entertainment and citizenship is a quite young subject among media scholars (van Zoonen, 2005; Dahlgren, 2009). The questions that guide this study are: does entertainment have an impact on democracy, does it provide a context that leads to political engagement or disengagement of the Romanian young citizens?

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The Challenges of Liberal Democracy: a study of the reconversion of Romanian communist elites in transition to democracy

Author(s): Veronica Anghel / Language(s): English Issue: 35/2012

Democracy as a form of government enjoys unprecedented, near-universal legitimacy in the world today. Contrary to some recent views which followed the social and political turmoil of 2011/2 professing the new global proletariat and the class struggle of the “99% against the 1%”, it is irresponsible to divert our trust from the superiority of liberal democracy. The movements of 2011 must be understood as a further step in the universal consolidation of the legitimacy of liberal democracy and not as protest against it. The moral responsibility of researchers in post-communist countries is to worn against all extremists and apocalyptic views on the fall of capitalism, of the advanced democracies, of the Western banks and the EU and revival of the “class struggle” rhetoric.

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Regulating Moral Damages before and after the Communist Regime in Romania

Author(s): Florin Corneanu / Language(s): English Issue: 35/2012

This paper presents the legal aspect aspects of regulaiong moral damages before and after the communist regime in Romania. Furthermore, the article specifically argues about the normative acts which regulate moral damages after Communist Regime in Romania.

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Freedom of Expression in Post-Communist Romania

Author(s): Valentina MIHALCEA / Language(s): English Issue: 35/2012

In a free and democratic society, mass-media plays an essential role in assuring the right to be informed and express yourself in a free way. Political pluralism and – as a consequence – pluralism of ideas and concepts, tolerance and spirit of openness, without which no democratic society could exist, also involves ideas that can hurt, shock, disquiet the state or some certain population part. The Romanian Criminal Code of 1969 did not provide special measures of media and press offenses, given the control exercised in the form of prior censorship, which has turned into official abolition of censorship along with it. Therefore, Law no. 3 of 28 March 1974 concerning press law of the Socialist Republic of Romania, abrogated, its exercise their activity under the direction of PCR, serving throughout its entire activity supreme interests of the socialist nation. Press Law no. 3/1997 was abrogated by O.U.G. no. 53/2000, with the exception of art. 72 - 75 and art. 93, although the text Non-repealed make reference to the texts repealed. Since the Ordinance of repeal was rejected by Law. 45/2002, results paradoxical situation that the media is still governed by the Grand National Assembly of Socialist Republic of Romania.

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From the personification of the power to the discredit of political representation

Author(s): Irina-Alina Pescaru / Language(s): English Issue: 35/2012

With the consolidation of power of Nicolae Ceauşescu, his regime has become increasingly restrictive and abusive after 1980, leading to increased impoverishing of the population and to the unprecedented deterioration of living conditions. Every moment of a romanian life was overseen by the institutions of the State, and political enlistment was established from a young age. Privacy was closely guarded by measures that often injure human dignity, as were those relating to births control. The main features of the change of political regime in Romania since 1989, as well as in other former Communist countries of Europe, consisted of a return to political pluralism, free elections, structuring and expression of unlimited civil society. The legislative foundation of new post-Communist developments was represented in Romania, by the Constitution of 1991 (subject to review in 2003).

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L’émergence du régime politique roumain postcommuniste. La transformation du Front du Salut National en parti politique

Author(s): Emilia‑Elena Clucerescu (Tănase) / Language(s): French Issue: 35/2012

The present article presents the evolution of the Romanian post-communist regime focusing on the transformaion of the National Salvation Party. The paper also examines the main aspects and concepts of the democracy in transition: political actors, political discourse and political parties

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The evolution of Romanian electoral system in the post-communist period: illusions about strengthening democracy

Author(s): Elena Cîncea / Language(s): English Issue: 35/2012

The events of December 1989 have led to major changes of the Romanian constitutional and political system in line with the new political, legal, economic and social realities. Establishment of political pluralism as a condition sine qua non of constitutional democracy, imposed not only organizing periodic, free and fair elections for designating members of Parliament, but also a reform of the Romanian political class. The new political order had to be based on truly democractic principles and state institutions had to be the expression of the electorate. All these exigences implied a change of the electoral system, as the old provisions were incompatible with the new political regime. Since 1990, the electoral legislation has undergone extensive changes that were aimed at building a genuine democracy in Romania. The process of society democratization was slow, gradual and, unfortunately, still uncompleted. This approach seeks to realize a radiography of the electoral reform in the post-communist period and to analyze the extent to which this reform has contributed to the stregthening of democracy.

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The Criminal Policy after the Communism – between Liberal Reform and Communitarian Fundamentals

Author(s): Mădălina-Cristina Putinei / Language(s): English Issue: 35/2012

One of the domains on which the transition from the totalitarian regime to the liberal democratic one had a deep impact, is the domain pertaining to the criminal policy of the state. The criminal policy measures represented, together with other measures taken by the state, one of the most effective mechanisms that the state could make use of. The decomposition of the civil society and the creation of an amorphous mass of citizens was also accomplished by means of preventive measures, rehabilitation and coercion measures under criminal law.

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Argeș County Cultural Press during the Post-December Period

Author(s): Georgiana Popescu / Language(s): English Issue: 35/2012

The present article analyzes literary press, which has become lately an object of study little exploited, probably because the investigation is more erudite than the critical commentary. Permanently it has preserved an unusual sensitivity to the great imperatives of historical time. Beyond the realm of literature itself, it continued to pay particular attention to defining the specific element in culture and not to dispose of people’s aspirations. Literary press was not only the nourishing soil of literature, but also vast stage on which all the turmoil of national existence was cast.

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Recent Developments of the Georgian and Lithuanian “Trust-like” Mechanisms (Terminological Peculiarities)

Author(s): Irina Gvelesiani / Language(s): English Issue: 41/2014

Globalization directs world population to become a single community. It stipulates the emergence of a competitive atmosphere, which facilitates the shaping of a new legal landscape. The given paper is dedicated to the study of the innovative “trust-like” devices, which were adopted by some Post-Soviet countries as a respond to the contemporary developing policies. The original form of the “trust” appeared at the end of the Middle Ages – in the epoch, when the real estate was the principle form of wealth. In the beginning of the 19th century, the given institution emerged in the American business sphere and stipulated the appearance of “trust-like” mechanisms throughout the world. Hence, the implementation of these devices was contradicted by the traditions of continental law-governed countries. Despite this fact, during the recent decades, the process of globalization has facilitated the popularization of the utilization of the institution of “trust”. Its alternatives appeared even in some Post-Soviet countries in different forms and variations.

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Interpreting Continuity and Change in Post- Communist Policy-Making: Applying the New Historical Institutionalist Approach to the Study of Public Organizations

Author(s): Cătălina Maria Georgescu / Language(s): English Issue: 41/2014

The original analytical framework favoured by the historical neo-institutionalism approach allows for diachronic interpretations of organizational evolutions and changes in different political and institutional contexts, highlighting the importance of causality and of constraints generated by already-existing rules/institutions. The research analytical design builds around interpreting the organizational continuity and change through the operationalization of historical events, cultural factors, political opportunities as explaining variables. Thus, by integrating the diachronic dimension of the organizational phenomenon through historical neo-institutionalism one could interpret the heterogeneous evolutions of public organizations within a certain geographical area based on the constraints triggered by past events (regime changes, social, political conflicts, social and political crises etc.) and the path dependence approach (patterns of administrative structures, power dispersion between the central and local governments, existing institutions etc.) on the present public policy-making and enforcement processes.

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