The Emergence of the Rights of National Minorities in the Case Law of the Constitutional Court of Romania

Abstract

The constitutional provisions concerning national minorities are listed in triple perspective in the Constitution of Romania, namely as fundamental principles, fundamental rights and part of the organisation of the state. In addition to the constitutional provisions, there have been enacted provisions having the force of law that regards the rights of the persons belonging to national minorities. These laws or parts of them – in most of the cases – have been under constitutional review and in this context the Constitutional Court decisions defined and pointed out the significance and the sphere of applicability of the rights of national minorities. This study presents the constitutional provisions regarding the rights of national minorities, the Constitutional Court of Romania, its constitutional powers and its relevant case law developed in the aforementioned field.