ANUL VIII. 2002
altera
Contents
Editorial
REGIONALISATION IN CENTRAL-EASTERN EUROPE
Simina Tănăsescu
Regionalisation in
Romania and Its Implications for the
Legal Framework
The study makes an
unbiased, sine ira et studio analysis of the implications regionalisation would
have for Romania. Setting out by explaining the concept of “regionalism”, its
economic, administrative and political aspects, the study then makes a foray
into the current legal doctrine according to which regions fall into political,
incorporated, diversified, classic administrative, functional and co-operative,
and asserts that, from a purely geographical criterion point of view, Romania
is one of the European states that can establish regional
structures. After spelling out some terminological
haziness, the author closely follows the historical evolution of the idea in
Romania, determining that it is the liberal thought that has shaped the idea of
regionalism as belonging to the decentralisation problems. In the present context,
the region is deemed a decentralisation structure able to perform administrative
de-concentration. Both benefits and drawbacks of decentralisation in Romania
are weighed; consequently, the need to legally elucidate the notion of region becomes
obvious, but it requires a prior political decision, which, in its turn, must take
into consideration the European background. The concluding chapter points out
that, in prospect of the ratification of the European Charter of Local
Self-Government, the Romanian legal system needs a more clear-cut definition of
the distinction between local and regional communities as well as of the
principle of subsidiarity
Grzegorz Gorzelak
Decentralisation of
the Territorial Organisation the Polish State
Grzegorz Gorzelak’s study deals with
Poland’s special situation in its strivings to decentralise its
territorial organisation. It is a special situation as Poland set out on its
way to a genuine democracy long before other ex-communist states. The
presidential elections held in the autumn of 1989 elevated Lech Walesa, leader
of the Solidarity union trade, to the position of president of Poland. The
newly constituted government, which was the first non-communist one, assumed a
daring economical programme, but it was impeded by the former local government
system, that is, by the lack of a genuine local government. The local elections
in May 1990, the first real democratic elections in postwar Poland, gave a new
shape to local government by acting on the doctrine of complete
“self-government”, fundamentally different from the former system of the
“united state power”. Thus, local government became one of the two pillars of
the success Polish changes achieved, the other one having been private
enterprise. Nevertheless, there still remains a matter of contention regarding
the territorial organisation of Poland, a dispute extending over the last
thirty years. Poland shifted from large regions to small ones precisely at the
time when three large western countries — France, Italy and Spain — took on to
create larger and stronger regional entities and started the decentralisation
process. After considering the failures and successes, the author lucidly
analyses the stage of decision-making and its outcome: powiats, completely self
governed entities, regional councils (sejmik), representative bodies of the
regional governments, elected through directly proportional elections, and the
voivodships, whose leaders are appointed by
the central government. Controversies led to the strengthening of the
voivod’s competencies and responsibilities. The process of setting up of the powiats’
boundaries triggered social and political unrest and, eventually in order to ease
these tensions, powiats reverted to their traditional small size, which is
outmoded in the present context. The study
goes on by analysing the financial system as well as the regional
policies implemented so far which turned out to be weak and subservient to sectoral
policies of the central government. However, the experience gained in past years
has led to a simple financing system, based on simple criteria and on generally
accepted assessing parameters, marking the beginning of the integration of
regional and sectoral policies as a substantial
part of the funds formerly attributed to sectoral policies are
now earmarked for regional policies. The paper concludes with an overall assessment
of the Polish experience. Despite the progress made, the stage of decentralisation
is unsatisfying: the new legal framework set up for the activities of the new regions
are not supported by the necessary concrete resources. A radical and fast reform of the public finances system must take
place in order to further progress. In spite of drawbacks and
vacillations, the Polish regions are now visible on the map of Europe and
active on the European stage, these having been the very arguments for the
successive governs to assume reform, the regional tier being one of the best
suited actors in a competitive, innovation-driven global economy
Gyula Horváth
Preconditions for Regionalisation in Hungary
The author sets out by listing the
territorial subdivisions Hungary consists of — the capital, 19 counties, 23
county rank cities, 214 towns and 2898 villages and then describes
micro-regions as groups of geographically linked settlements, based on actual
labour, residential, transport, secondary provisional connections. This
structure is the result of the legal framework built up to perform
decentralisation. The Act on Local Governments and the Act on Local Taxes are
analysed, the responsibilities resulting from the former and the structure of
the financial resources local governments are entitled to being accurately
pointed out. It was the Act on Local Governments that triggered the reshaping of the whole territorial government. Local
municipalities gained independence towards county and central
authorities. County authorities have lost a great deal
of their former responsibilities and fiscal powers. The study then dwells upon recent
policy trends along with the institutions of the new regional policy in the
light of the 1996 Act XXI on Regional Development and Physical Planning, which
established a new institutional system of territorial development in Hungary
and was closely followed by a series of decrees on the use and the distribution
of the regional development allocation for territorial equalisation among
counties. This 1996 act makes Hungary one of the most advanced transition
countries. At present, the territorial policy is developed and implemented at
four levels: the National Regional Development Council, the seven Regional
Development Councils, the county level and the micro-regions level consisting
of groups of self-governing communities which plan and implement their coordinated
development ideas. Institutional weaknesses of the decentralised tiers as well
as confused meso-levels are pointed out, the author showing that from a
sectoral policy point of view, benefits and drawbacks of the regions over the
counties cannot be easily discerned. The study concludes by a making a foray
into the prospects of regions. The future of Hungary’s spatial structure is
basically dependent on the quality of the decentralisation strategy which
Hungary will follow in the use of new resources after the accession to the
European Union. A proper decentralisation seems to offer the most efficient
solution for Hungary. What is at stake is rather the growth of the Hungarian economy
the modernisation of the country, and the future positions Hungary and its regions
can take in the European territorial division of labour. The size of the
present planning and statistical regions of Hungary complies with the European
standards. In the 21st century, only regionalisation can enforce modernisation in Hungary.
Duðko Radosavljevič
Autonomy of Vojvodina — Challenges and Prospects
The paper ranges among the same field of concern
illustrated by the current issue of Altera. The Province of Vojvodina enjoyed
its highest degree of autonomy ever as a constitutive part of the Socialist
Republic of Serbia following the adoption of the Constitution of the Socialist
Federative Republic of Yugoslavia in 1974. The province was entitled to its own
Parliament, government, a central bank, academic, cultural and scientific
institutions, it carried out its own economical policy, had its own
legislation, a judicial system, police and
territorial defence bodies of its own. This statute of Vojvodina lasted
until 1988 when its powers started to be gradually diminished and eventually almost
completely abolished in practice by the political solutions of Milosevic’s
regime. The current statute of Vojvodina’s autonomy make up the core of the
study which shows that Vojvodina has been deprived even of its own resources,
in sharp disagreement with constitutional provisions. Nevertheless, the current
context in Vojvodina is far from being
propitious for resolving the issue of Vojvodina’s complete autonomy or for rash
or incomplete solutions, in spite of the high credibility of the new government
and of the international community’s efforts to help Serbia to join again the
international institutions and the accession process. A favourable course of
changes would imply as a first step the correction of its current
unconstitutional situation, the amendment of the laws of the republic in order
to empower the province to exercise its own normative and executive powers.
There also should be considered the emerging ideas of regionalisation of the republic, that is the establishment of new
territorial and political unities in the region. In the second half of 2001, in
accordance with the conclusions drawn on the basis of the platform of
Vojvodina, a dialogue between representatives of the republic’s government and
of the province was initiated. The ensuing negotiations brought forward the
attempts by the republic’s government to undermine efforts and to delay the settlement
of issues as long as possible. Nevertheless, opinion polls showed that the idea
of autonomy of Vojvodina gains more and more support, it being favoured by 80% of
the population. In January 2002, the Assembly of the Republic of Serbia passed
the Law on Transfering certain powers to the Autonomous Province, the so-called
“omnibus law”. About 200 competencies regarding 20 fields of public interest
were transferred to Vojvodina. Apart from
this incomplete law, nothing has been done to strengthen decentralisation,
thus making this process uncertain and also a source of many future problems.
Aleko Djildjov
Decentralisation and Regionalisation in Bulgaria
Bulgaria has entered
the second decade since it initiated the decentralisation process. One can note
the existence of a stable local self government, developed in total agreement
with the European Charter of Local Self-Government. The greatest challenge for
finishing up the decentralisation of Bulgaria is posed by fiscal decentralisation
and the establishment of regional self government. The author analyses the constitutional
basis for local self government, provided by Chapter seven of the Constitution,
and the actual territorial organisation of the country, consisting of two
levels of local/territorial government: municipal and regional. The Amendment
to the Law on Administrative Division of the Republic of Bulgaria stipulated
that the 9 regions existing at the time should be replaced by 28 new regions by
the end of 1998. After reviewing the course of the reforms throughout the
years, the author dwells upon the government’s intentions regarding
regionalization and the aims envisaged by it. Power distribution along
government levels as well as the relationship between state administration and
local government is analysed. The closing chapter, on control, audit and
supervision, shows that, at present, administrative control over the activities
of local governments is based on the Law on Local Administration and Local
Government, on the Law on Administrative Procedure and the Law on the Supreme
Administrative Court. The regional governor exerts control over the lawfulness
of municipal administration decisions. Besides administrative control, local
governments are subjected to public inquiry. Citizens are entitled to directly
participate in issues of major importance for municipality through local
referendum, meetings and petitions.
Veaceslav Bulat
Regional Development in the Republic of Moldavia:
Towards Centralism or Decentralisation
Regionalism has no traditions in the Republic of
Moldavia. At the beginning of the ’90s, the system of sectoral government in
Moldavia, like in other post-socialist countries, was demolished without being
replaced with a new legal and institutional basis for organising regional
development under the new circumstances and for earmarking the necessary
resources to this end. Nor has the Republic of Moldavia the experience of
adequate regional administrative-territorial unities. As the author points out,
territorial administrative reform has been carried out in Moldavia since 1998
in order to eliminate these shortcomings, but it frequently came up against
social, economical and political difficulties. The reform is still under way
and will be fulfilled provided that regional development policy is promoted. At
present, a study is being conducted on the economical regionalisation of the
Republic of Moldavia and, based on it, a concept of regional development and a
draft law on regional development are being drawn up and, as they are reaching
their final form, they confirm the need for a consistent regional state policy
to be promoted. Such a promotion is important for Moldavia not only in order to
democratise society and to encourage local initiative, but also for the
consolidation of the state, for surpassing separatist tendencies on a legal
basis and in a civilised manner
INTERVIEW
Giuseppina
Paternitti
Interview with Romano Prodi
Answering the
questions asked by Giuseppina Paternitti, Romano Prodi defines the European project as well as its priorities. After the
economical consolidation of this project, it
is necessary — as the pressure of expectations of the low levels shows — that
Europe should be strengthened socially and politically in order that it act
more consistently both on the domestic scene and on the international one. The
integration of new states into the European structures takes place at the same
time with this reshaping of the project, with the shifting from a Europe of
markets to a Europe of rights and liberties. Romano Prodi views the issue of
diversity brought forward by this new wave of integration as a sign of cultural
wealth, not only as a social and institutional unrest. At the same time, it
turns into an incentive to the economic capacities of Western Europe,
especially to its South, which is anguished at the prospect of having to share
development programmes with the candidate countries. The interview also deals
with the financial unification of Europe through introducing the single
currency and highlights both its benefits and drawbacks. The arrangements made
by the Committee and the Community in response to current requirements as well
as to forestall future requirements (social assistance equity, development
equity, labour occupation equity, immigration, environment protection,
customers’ protec tion, etc) are highlighted, too.
CASE STUDY
Laura
Ardelean
National Symbolism in Transylvanian Museums
The study has been conducted by a group co-ordinated by
the author, a sociologist and programme co-ordinator within the Pro Europe
League. It considers the degree to which museums in Transylvania confirm their
naming on the plates hung on the frontispiece of the buildings they are housed
in, as well as the degree to which changes have been operated in structuring
their collections, in displaying their exhibits after December 1989, considering
the well-known fact that museums had been reckoned among the most important
institutions of communist and patriotic education of the “young generation”. In
the preamble, general remarks are made on the role and mission of museums now
seen as a prevailing factor of stopping cultural degradation, of formation and information
in agreement with national and international standards and objectives of protection
and assessment of the cultural heritage. The issue of national symbolism in Transylvanian
museums is tackled. The work group made up of students of the Transsylvania
Intercultural Academy has inventoried the objects, maps and their explanatory
notes displayed, starting from the presuppositions bellow: the fifty years of communism
must have left scars on the face of Transylvanian museums; although the ICOM
recommendation clearly encourages the representation of national minorities, this
is not mirrored in the reality of Transylvanian museums; sometimes, museums
turn into the place where nationalistic concepts prevail over the whole
permanent exhibition. The study goes on by analysing each museum apart: the
Museum of the History of Transylvania in Cluj, the Ethnographical Museum in
Cluj, the Local Museum of Gherla, the Ethnographical Museum in Tîrgu
Mureş, the History Museum in Sibiu, the Local Museum of Mediaş, the Criş Rivers Land Museum in Oradea, the
Town Museum in Beiuş, the Museum of Hunting and Fishing Items in Săcuieni.
Chambers, exhibits and inscriptions are commented on, analyses are made based
on concrete data. The conclusions are drawn first, naturally, from the
requirements any museum should meet, internationally recognised, these very
requirements being the reason for the presence of this cultural institution in
the life of the city. From such a perspective as well as from the data collected
in the field, things are far from gladdening.
DOCUMENT
Recommendation 1222
(1993)
on the Fight against Racism, Xenophobia and Intolerance
Recommendation 1438
(2000). Threat posed to democracy
by extremist parties and movements in Europe
Emergency Ordinance no.31 of 13 March
2002 on banning organisations and symbols with fascist, racist or xenophobe
character and promotion of the cult of personalities guilty of crimes against
peace and mankind
Renate Weber
The Fight against Racism, Xenophobia,
Anti-Semitism and Intolerance: Between Legal Rhetoric and Reality
A reputed jurist and
representative of the Romanian civil society, Renate Weber tackles in this
study the relationship between legal rhetoric and reality, between words and facts.
She sets out with the adoption in 1993 by the Parliamentary Assembly of the Council
of Europe of Recommendation 1222 “on the fight against racism, xenophobia, anti-Semitism
and intolerance”, the first of a vast series of initiatives meant to bring more
peace to this planet shaken by all kinds of earthquakes: political, social, national,
etc. The author analyses the impact of this type of legal acts adopted at the European
level, and whether or not the public, politic and social climate of Europe has improved.
She also reviews the ideas and appeals expressed by the European law in the field. Beside Recommendation 1222, Recommendation
1275 (1995) “on the fight against racism, xenophobia, anti-Semitism and
intolerance”, Direction 43/EC/2000 “for the implementation of the equal
treatment among persons irrespective of their racial or ethnic background”,
Recommendation 1438 (2000) on “the threat posed to democracy by extremist
parties and movements in Europe” are also perused. What was the response of the
European states? Some of them considered the fight against acts of intolerance
must be waged and acted as such. Others, like Romania, have ignored this issue
for years. As the author shows, publications eulogising the Iron Guard,
exalting an inflated nationalism in articles of inconceivable abjection have
been issued without let or hindrance ever since 1990. It is against this
background, where the Romanian judiciary seemed powerless, that the Emergency
Ordinance no.31 of 13 March 2002 “on banning organisations and symbols with
fascist, racist or xenophobe character and
promotion of the cult of personalities guilty of crimes against peace and
mankind” was issued. Although belated, the
ordinance as such was commendable, but it was not remitted to the Romanian
Parliament, nor subjected to public scrutiny although the latter would have
accomplished an instructive goal. Despite all its worthy ideas, the Ordinance
holds provisions liable to curtail some of the civil liberties and, whereas streets
are no longer named after Ion Antonescu, on the premises of the Romanian government
his picture still hangs on a wall…
ECUMENICA
Al. Cistelecan
Why a Memorandum?
The text can be read as a foreword to the
Memorandum reproduced in the pages following it. One of the initiators and
signatories of the document, Al.Cistelecan is all the more qualified to depict
its assumptions and the reasons underlying its drawing up. The issue raised by
the Memorandum may be a sensitive one, but its settlement will be a test of
maturity both for society at large and for the state (the political elite).
Memorandum to the Romanian State of the Greek-Catholic
Believers in Romania and All Over the World
The document deals with the
discrimination the Greek-Catholic Romanian Church United with Rome is subjected
to in Romania, and its avowed aim is to “restore the Greek-Catholic Romanian
Church United with Rome to its natural rights”. Principles, legal arguments,
historic and religious arguments, social arguments, opinions of outstanding
personalities on the Romanian Church United with Rome are reviewed. The
principles expressed in the Memorandum are followed by appendages regarding: 1.
The state of the assets of the Romanian Church United with Rome at the beginning
of 1948; 2. A brief history of the attempt by the Romanian communist state to
abolish the Romanian Church United with Rome — Discriminating laws and decrees;
3. The Decree nr.126 of 24 April 1990 — an unconstitutional act; 4. The lack of
efficiency and effects of the “dialogue” with the Hierarchs of the Romanian
Orthodox Church; 5. A list of the churches in whose demolition, dismemberment,
burning-down or dereliction the Romanian State has been an accomplice; 6. A
comparative situation of the assets retrieved by the 1st of July
2002 in relation to the situation extant at the moment of the “dissolution” of
the Romanian United Church; 7. Excerpts from the literature of “restitution”
and of “post-communist persecution”; 8. The report on religious freedom in
Romania for year 2001 of the American Government Office for Democracy Religious
Freedom and Labour.
DIALOGUE
The Greek-Catholic Memorandum debated by the civil
society
A round table
organised by the Intercultural Centre within the Pro Europe League and held at
the Group for Social Dialogue in Bucharest on the 24 of October 2002. The text reproduces the dialogue moderated by Smaranda
Enache, co-chair of the Pro Europe League.
The meeting was first addressed by representatives of the civic organisations
that participated in the organisation of the round table. Gabriel Andreescu
emphasised that religious freedom is determined by the restitution of assets.
As long as the RUC is deprived one way or other of its assets, the freedom of
this creed is besides the question. The Joint Commission for Dialogue Between
the Romanian Orthodox Church and the RUC has turned into a pretext for
bypassing justice making and an “invention” of the state to get rid elegantly
of any responsibility. Cristian Pârvulescu, too, emphasises that the equation
freedom-property rights cannot be dissociated and points out the
unconstitutionality of the acts through which the state consigns its
responsibilities. Consequently the forums the Memorandum refers to as well as
civil society must take cognizance of the existence of the issues raised by the
document. Doina Cornea — the first of the guests — highlighted that the Memorandum
does not recriminate the ROC at all, but it appeals exclusively and directly to
the State, the only one it considers to be responsible for the current state of
the RUC. The biased interpretations by minister Octav Cozmâncă of the
joint declaration signed by both Pope John Paul the second and Romania’s Patriarch
are also “denied”. The speaker proposes a special law on restitution of the
RUC’s patrimony which should disjoin property right from employment right.
Al.Cistelecan stressed that the Memorandum is a challenge to both civil society
and the state: to the former – a challenge to maturate, and to the latter — a
challenge to become responsible. Adrian Popescu reminded the elements defining
the specificity of RUC and the necessity of drawing up the Memorandum. Dinu
Zamfirescu thinks he cannot possibly abdicate
from his own constitutional duties regarding any issue and so much the less from
those regarding the restitution of RUC’s patrimony. Laurenþiu Moisin reviews some
instances of glaring discrimination against the RUC today as well as the unconstitutionality
of the acts related to this church issued by all cabinets in office since the
one headed by Petru Groza. On the behalf of the participant civic organisations,
Smaranda Enache gives assurances that the issue of RUC will be a top priority on
their agenda.
FACES OF EUROPE
Boyd Robertson
The Gaelic Language in Education in the United Kingdom
The paper is one of
a series devoted to minority and endangered languages in Europe published by
Mercator-Education. It sets out by sketching a brief historical background of
Gaelic, its flourishing and its subsequent decrease under the pressure exerted
by the English government. By the late 1800s, centuries of repressive government
policies and massive immigration had reduced the number of Gaelic speakers to about
6% of the Scottish population. Although at present the figures are even smaller
(1.4% of the population in Scotland), there is still hope for Gaelic: the
establishment of the Scottish Parliament together with the development of the
European project resulted in a
thorough reshaping of the legal framework which at present provides for bilingual policies both in the education system and in
the local government structures. Gaelic first became an officially recognised
medium of instruction in 1975 when a bilingual education project was set up by
the newly constituted local authority for the Outer Hebrides. Gaelic education
was gradually extended from pre-school level to the primary, secondary
vocational and further education. The first wholly Gaelic-medium school opened
in Glasgow in 1999. At present, Gaelic is made available for adult education
and in higher education, which is of utmost importance since it will provide
both teaching and research staff in other words, the means to keep Gaelic
alive. Gaelic education is financially supported both by the governmental and the
local level. Despite the efforts and the progress made, the prospects of Gaelic
are shadowed: analysts have estimated that 1500 new Gaelic speakers are
required each year to counter the demise of older Gaelic speakers, a target far
from being realised.
REVIEWS
Randolph L. Braham
Tibory Szabó Zoltán: Élet és halál mezsgyéjén
(On the border between life and death)
Ovidiu Pecican
Levente Salat: Multiculturalismul liberal
(Liberal Multiculturalism)