Suchergebnisse

Pursuant to the First World War, Romania's territory increased, and thus it inherited a complex social, economic, and legal environment different from that of the predecessor states. The Romanian state's response to these challenges is to be found in the political goal of building a homogeneous nation-state. This political agenda has had an impact on all areas of law, not only on legislation but also on the application of the law. The use of essentially ethnically neutral legal instruments of criminal law for state policy purposes can also be seen as an element of exclusionary nationality policy. The Romanian state's actions have thus not only failed to resolve existing internal tensions but have also made the relations between the majority and minorities, as well as the possibility of consolidation impossible for the past century.

Apart from the relation between the Lands of the Crown of Saint Stephen and the other realms of the Habsburg Empire, the primary issue of the 1860s Hungary and Transylvania to handle was the nationality equality — accordingly, the recognitions of a nation and the language policy. As soon as the national question came into view, both the Hungarian and non-Hungarian political élites formulated their outlines on how to adjust regulations, intended to be epoch-making, regarding the national and language affairs, while the emperor temporarily coordinated the case with royal decrees until the definitive Nationality Act of 1868. The Act and its preceding drafts administered many domains regarding all branches of power, with the special role of the declaration of nations, namely the recognition of such as a legal entity, a juridicial person, which would (have) allow(ed) further entitled rights, deriving from a declaration in the era. The Hungarian and non-Hungarian acts and drafts examined in the study show decisive discrepancies regarding the number of nation(alitie)s recognized as legal entities, how the minorities were defined, and what concept of a nation each draft laid down. In my study, I examine the dissimilarities of the 5 draft plans (and the Act) made by the Hungarian élite, 8 draft plans (and acts of the 1863—1864 national assembly of Transylvania) related to the nationality political élite, draft plans and royal decrees associated to the emperor and the Royal Hungarian Lieutenancy, and a joint independence opposition — nationality draft plan.