Referral to the CJEU for the pronouncement of preliminary rulings regarding the interpretation of European Union law cannot have a purely theoretical purpose (e.g. the Court Ordinance of October 7, 2013 in case C-82/13) but a necessarily practical one, such as to allow the national court to resolve the specific dispute with which it is vested. Therefore, knowledge of the judicial decisions pronounced by the national courts after receiving the answer to the preliminary question from the CJEU is very important to evaluate the implications of the CJEU jurisprudence in the law of the member states and the effectiveness of the dialogue between it and the national courts. Next, the decisions of the courts in Romania are presented in some cases in which the CJEU was referred with preliminary questions, respectively those that were resolved in the cases registered on its roll with no. C-62/19, C 354/18 and C 644/19.
The historical-demographic approach of family in their relationship with society with different transitory societal or community typologies is a complex initiative that needs a methodological approach including peripheral elements as well, besides a deep analysis on the central defining elements. The historical demography and other sciences, such as anthropology or history of mentalities, by directly or collaterally approaching the family, often make references to the three important moments in the individual's life: birth, marriage and death. We have used several categories of documentary sources in our survey. We have the information on the population in north-western Romania due to the ecclesiastic notes (in the parish records or reports and the bishopric notes); on the other hand, we have the information provided by the Austrian and Austro-Hungarian state. Methodologically, the first phase of our research consisted of the preparation of the documents investigation strategy, as expected. In our research, we consider the fact that we approach the area of ecclesiastic entities, as most of our sources for the 19th century belong to the church. This imposes a stress on the confession and its importance. Besides confession, an aspect that we wish to underline is ethnicity. In our investigation on the family the main stress was laid on the survey and analysis of different marital behaviours. Through different constraints and determinisms entailed by the possibility to choose, marriage is highly relevant in establishing behavioural laws (if they ever existed!?). The dimension of the marital market corroborated with the ethno-confessional and socio-professional realities provided the particularities of the marital phenomenon. Referring to the lay and ecclesiastic legal framework, we support the need for a flexible approach of the topic. The logic of this foray consists of the visualisation of the legal framework – rigid and impregnated with an obvious moralising discourse – on the one hand, and the image of conformism and means of adaptation of the individual, on the other hand. The starting point of the family is marriage. If we approach marriage from the point of view of the confessional and ethnic conditioning, we get to an analysis of the mixed marriages phenomenon. In fact, the analysis of the ethno-confessional and socio-professional determinisms and of other types of community or individual conditions can be easily carried out in the case of mixed marriages. The central point of our research is the analysis of Romanians', Hungarians', and Germans' marital behaviours without ignoring the image of this phenomenon at other populations in the area. An analysis on birth and death rate, or natural growth, is able to provide information on the impact demographic phenomena had upon family. A world where death rate was very high and where family would react through a high birth rate was undoubtedly influenced by the demographic flow. Irrespective of the society typology, divorce, concubinage, and illegitimacy (no matter their way of manifestation) were forms of social deviance leading to the dilution of family image and precepts. We do not discuss here a dilution of the traditional precepts on the family, as someone might misunderstand; it is an erosion of the idea of family in general. The "family" began to acquire other forms than the "official" ones. From the relationship of the family with the community were born mentalities, roles and social statuses. The family, its formation, the relationships between man, woman, children and relatives, as well as the relationships with the rest of the community were filtered by the "village gossip". The need for a strong solidarity that was necessary in the unfriendly conditions at the time compelled the individuals to accept the cohabitation with other members of the family (including the extended one) and with the rest of the community.
A marriage amongst youth belonging to the Greek-Catholic and Orthodox confessions was considered almost normal in certain communities. This can be explained by the fact that few parishioners could grasp the differences between the two confessions. At the same time, we have the ethnical aspect. Ethnie could not be separated in this case from confession, as both Greek-Catholics and Orthodox in the area are mostly of Romanian ethnie. These elements should be considered especially since we considered a mainly rural area, where customs "laws" are superposed over the official ones. On the other hand, in the mixed Greek-Catholic and Roman-Catholic communities, inter-confessional marriages are easier accepted on the "official" level. An important constraint, or, on the contrary, a strong determination against a mixed inter-confessional family came from the families. As mentioned before, a strong pressure against achieving a mixed marriage came from the church. Both parishes to which the youngsters belonged had to be consulted. In order to have a religious marriage, they needed an engagement exemption from the archpriest (they came weeks, even months late, there were situations when the marriages were not accepted, so there would be no exemption). They had to pay a large amount for the exemption, so that many youngsters could not afford to pay for it; this was often solved by clandestine "wild" marriage. However, both the State and the Church wished to stop this phenomenon, so they took steps in this area.
The socio-professional element in marital options was extremely reduced taking into account that we have considered a rural area almost in its entirety. At the end of the 19th century and the beginning of the 20th century, this world used to have a strong traditional propensity with a low number of professional options, as most inhabitants were mainly involved in agriculture. As a consequence, when speaking about the socio-professional determinism in choosing a marriage partner, we have to take into account the fact that most youth getting married had mostly rural professions. On the other hand, the socio-professional element was more active in urban area and in the environment dominated by Roman-Catholic or Reformed population. The social and professional status undoubtedly had an important role in achieving and settling a family despite the reduced number of options. Personal emancipation and socio-professional status had a determining influence on choosing a partner. The phenomenon was more obvious in the city and towards the beginning of the 20th century in other rural places, where the traditional left room to a process of socio-economic modernisation under the influence of the increasing number of non-agricultural activities. As one can easily anticipate, these changes led to new mental perceptions and hence to a new reaction of the community. Deep changes could be noticed as this area joined an economic circuit leading to new mutations in several economic sectors. Economic development and the spreading of non-agricultural activities associated to urban development whose influence was ever growing entailed changes in family relations. There were also mutations in family relations, domestic group and household resources. These changes were not yet visible in all places in the region: some were still anchored in the traditional where the new had a hard time to penetrate, while major changes on the level of the collective mental could not be seized during the time we analysed. The large scale analysis of the phenomenon has led to the conclusion that where there were better socio-professional options, their determinism on marriage could be identified as highly important. How can we determine the way in which the socio-professional element influenced marriage? To what extent a young man with a superior social and professional status had more marital options? To what extent other "constraints" (confession, ethnie, civil status, age, etc.) were less important when facing strong socio-professional determinism? More precisely, was a man with a superior socio-professional status wanted by many young women despite old age, his civil status as a widower or a divorcee, of if he had a different confession or ethnie? To identify the mechanism of this determinism, we suggest a more complex analysis where the socio-professional element should be corroborated with other marriage determinisms or constraints. From these premises, we will attempt to make a methodological analysis of the socio-professional status from three points of view: ethno-confessional element, civil status and age of partners.
