r. 20 • 2008
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GHEORGHE VLĂDU łESCUł (Romanian Academy), ALEXANDRU BOBOC (Romanian Academy), FLORIN CONSTANTINIU (Romanian Academy), CRISTIAN PREDA (University of Bucharest), LAURENTIU VLAD (University of Bucharest), VLADIMIR OSIAC (University of Craiova), CĂTĂLIN BORDEIANU („Petre Andrei” University of Ia i)
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MIHAI CIMPO I President o f the Academ y of the Rep ublic of Moldavia ION MACOVEI, Ambasador , Ministerul de Externe al României MICHAEL R ADU, Senior Fellow , Foreign Policy Research Institute, Philadelphia, USA Co-Chairman, FPRI’s Center on Terrorism, Counter Terrorism and Homeland Security, Philadelphia, USA YOHANAN MANOR, Professor, University de Jerusalem, Israel President, Center for Monitoring the Impact of Peace (CMIP) JOZE PIRJEVE C, Professor, University of Trieste, Italy PATRIC IA GONZALEZ A LDEA Professor, University Francisco de Vitoria, Madrid, Spain OLIVER F RIGGIE RI, Professor , University of Malta CRISTINA BE JAN, Wadham College, Oxford, Great Britain MARINA PU JA BADESKU , Professor , University of Novi Sad SLAVCO ALMĂ JAN, Professor , University of Novi Sad, Serbia President , „Argos” Center for Open Dialogue, Novi Sad, Serbia NICU C IOBANU President, „Libertatea”Publishing House, Novi Sad, Serbia
------EEEEEEDDDDDDIIIIIIIIITTTTTTOOOOOORRRRRRIIIIIIIIIAAAAAALLLLLL BBBBBBOOOOOOAAAAAARRRRRRDDDDDD------Editor in chief: AUREL PIłURCĂC Deputy editor in chief: ION DEACONESCU Editorial board: CEZAR AVRAM, VLADIMIR OSIAC, MIHAI COSTESCU, ANCA PARMENA OLIMID, COSMIN LUCIAN GHERGHE, CĂTĂLIN STĂNCIULESCU, CĂTĂLINA GEORGESCU, TITELA VÎLCEANU, MIHAI GHIŢULESCU
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CONTENTS
CCOOOOPPEERRAATTIIIOONN AANNDD IIINNTTEEGGRRAATTIIIOONN::: B U I L D I N G T H E I N T E R N A T I O N A L C O M M U N I T Y
WALTER COUSINS , SEPE. Social, Economic & Political Evolution 7 CRISTINA PIGUI , ational and international Law Relationship. The Application of the International Decisions Concerning the Private Person 12 Situation in the ational Legal Order CONSTANTIN FOTA , GATT – Mon amour (pages of an unwritten book) 36 CEZAR AVRAM , ROXANA RADU , European Union’s Common Agricultural 45 Policy: Evolution, Objectives and Future Perspectives
CCOONNFFLLIIICCTTSS AANNDD TTHHRREEAATTSS::: P I E C E S O F T H E G L O B A L P U Z Z L E
5 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 University of Craiova • Faculty of History, Philosophy, Geography• Political Science Department
HHIIISSTTOORRYY SSTTUUDDIIIEESS::: F IRST S TEPS IN R O M A N I A ’ S M ODERNIZATION
GEORGETA GHIONEA , The Involvement of Politics in the Development of the Banking System 112 ARCISA MÎTU , The Support Law of the Crown Domain 118 LOREDANA MARIA ILIN GROZOIU , The Premises of Constitutionalism in 124 Moldavia
6 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
COOPERATION AND INTEGRATION : BUILDING THE INTERNATIONAL COMMUNITY
SEPE Social, Economic & Political Evolution
Walter COUSI S *
Abstract : The following article emphasizes a broad view of history and of today’s stage of the Western World and, especially, of the European Union recognising the theory of natural evolution. The author’s point of view is rather sceptical considering that we have failed in the history. But also, that federal union must not mean the deliberate or thoughtless destruction of the fascinating diversity of the national life of its Member States. We must forever treasure and safeguard the richness and traditions of the European way of life . Keywords : history, evolution, peace, cooperation, union.
hen Wallace and Darwin shook Awareness of our SEPE has clearly not the world with their theory of been a conscious driving force, with the W natural evolution, they had still Commission interested in such mighty dealt with only part of the evolution of one matters as jam jar labels, the noise of lawn particular species, homo sapiens, because mowers and the contents of icecream and man is a political as well as a natural animal. sausages. Fortunately, man’s natural evolution Throughout history I see no evidence has needed neither his knowledge nor his in the conduct of our affairs, national or consent. Unfortunately, his peaceful social, international, to suggest any knowledge of economic and political evolution requires the forces governing mankind’s SEPE. both. Hence we have the strife, bloodshed Intense nationalism is still rife – though the and misery of the past – and of the present. religious divide may eventually prove to If it is important that man should un be much more difficult to overcome. derstand his natural evolution, it is vastly Even within the European Union, na more important that he should understand tionalism is still a major obstacle to further his SEPE, for his continued existence now progress. depends upon it. World peace and the Brotherhood of * Walter Cousins – founder, in 1957, of the Man are civilised, intellectual concepts, European Federal Union Movement in the however blurred in our minds; and stages U.K . This article is reprinted with publisher’s toward their realisation can no longer be permission, from Bulletin européen. Edition safely left to emerge merely as a by product française, mars 2008, no. 694. of man’s primitive instincts. Blindly, we have reached our present stage of develop
7 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Walter Cousins ment, but only at staggering cost to others to it politically, or stubbornly refuse to – and to ourselves. acknowledge the need; and this refusal is If we take a broad view of history, it is almost invariably based on outdated so possible to trace the thread of man’s social, vereignty. The concern that world leaders economic and political evolution through have for long expressed regarding the family, tribe, city state, petty kingdom and balance of trade is one clear indication that great nation. The movement is world wide, they are not really aware of the funda though the speed varies with the circum mental issues confronting us. stances. All such changes have actually Posterity will laugh at Europe’s pre taken many centuries, but clearly there is a occupation with exports and will quote it common, underlying force behind them. as an example of insularity and ignorance The process of mankind’s SEPE is at of SEPE. Countries that depend on exports times hard to detect, because it has always are economic and political anachronisms. depended upon a number of factors, parti We need new thinking. High exports are cularly the ease of communicating, but clear evidence that economic development however slow, it has always been present. has outgrown the economic and political Furthermore, of great importance, it is not bounds of the nation. This sometimes results the haphazard business that it at first in war as the nations concerned endeavour appears. That it has been accompanied by to safeguard their foreign markets or sources war or threat of war at almost every stage of raw materials. is only because we have hitherto been For countries that share common ignorant of the forces involved. interests and cultures and which together At every level, mankind’s political form a compact geographical region, the development has always been marked, ini sensible way to overcome the problem tially, by the need for cooperation, usually without a lowering of standards is to create for defence, a higher standard of living, or a political union whose members share a for both. This cooperation, if successful, common purse, thereby automatically easing has then led to economic and political ties, the situation for all members. A common and, ultimately, to economic and political purse is much more important than a common union, usually achieved, hitherto, by war. market. Of course, such a movement would The greater the problem, or more simply be an extension of the thread of complex the situation, the greater has been SEPE that can be traced throughout history. the need for cooperation and eventual uni In Europe we have recently seen interna fication. Unification makes further progress tional cooperation on an unprecedented possible, further and wider cooperation scale, even in peace time. Such costly and essential and yet further unification with its highly complex projects as the “Concorde” increased capacity and potential inevitable. airliner and the Channel Tunnel have Hence we have the growth of larger and more clearly followed the pattern in the techno powerful economic and political units. logical field, as has the Common Market Trade and industry, which create the in the field of economics. This is re major need for economic and political uni gardless of how blind all involved in both fication, have taken a similar course. Multi fields may have been, and probably still national companies are now operating are, to the underlying forces of social, eco throughout the world. I find it odd that though nomic and political evolution that have we recognise the need for such develop driven them to do so. ment in trade and industry we remain blind 8 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY SEPE. Social, Economical & Political Evolution
On a wider front, as forecast in 1990, Hitherto he has survived only because his the two super powers of USA and USSR weapons have been inadequate for complete have eventually found it to their great self destruction. But modern science has advantage to cooperate on Space travel. made good that deficiency with fearful The undeniable fact is that man’s progress weapons of mass murder, disease and des has always been founded on cooperation. truction that can obliterate nations and On yet a still wider front, the entire leave this entire planet an ecological disaster world faces ecological disaster within a area. few decades unless pollution of the air and Here I must emphasise the cyclic nature of the sea is immediately brought under of the evolutionary process, because the international control and is eliminated or world’s politicians have hitherto completely greatly reduced. This is typical, of course, failed to understand what is involved. of the factors and the forces that motivate In the Western World, I see the peaceful social, economic and political evolution. unification of Europe as the end of one Obviously, the greater man’s scientific particular cycle; but the end of one cycle in progress, the greater the momentum of our SEPE is also the beginning of another. SEPE; but therein lies the danger. Any The next cycle will have the same po attempt among nations to halt that mo tentially dangerous incidents, economic, mentum, and the economic and political political and territorial, but the threat to changes that are needed, creates ever more life, civilian, military and ecological will dangerous stresses, particularly when the be on an even greater and wider scale. If, changes require the sacrifice of a measure as in the past, nations continue to follow of sovereignty. Wars, in fact, are basically primitive instincts, it follows from our blind, primitive forces overcoming, or SEPE’s cyclic nature, that, however un attemptting to overcome, equally blind, believable today, the next terrible war in primitive reaction, and they will therefore the Western world is likely to be between continue for as long as man fails to re the USE and the USA. cognise the imperative need for change, Unchecked, Europe and America are national or international, or lacks the will likely to annihilate each other, doubtless to and the courage to make it. When change the joy of many other countries. It is there is necessary, and the modern world de fore imperative that, long before we reach mands change at an ever increasing rate, the precipice, all Europeans and Americans those of us, individuals or nations, who learn from history the lessons of the eco take no positive part are actually creating, nomic and political evolution of mankind. by an act of omission, the conditions We all must learn, right from the start, that necessary for war. no apparently minor disagreement should In our SEPE we see that, on a broad be ignored. Already they are occurring and front, the past traces the future; only the creating the highly dangerous preliminary scale of events differs, but they follow a friction. Every point of friction must there set pattern in a recurring cycle, with every fore be settled fairly, amicably and cycle, under the influence of scientific and quickly. Nothing must be left to fester. technological advance, becoming both more If we look at the history of the United extensive and intensive than its prede Kingdom, I believe we see in broad outline cessor. Most important of all, the process an unfolding picture of the future world, cannot now be stopped. Man must either because in the U.K., on a small scale and control its effects or destroy himself. in an accelerated form, we have, as in
9 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Walter Cousins other small countries, the SEPE to date of downfall because apathy and hostility to all mankind. essential international political adjustments From the many small and scattered were too strong for these to be accom social units of very early England, there gra plished willingly and peacefully, while the dually arose over the centuries the seven general view was that sovereign States were kingdoms of the Heptarchy. This regional permanent institutions. After thousands of grouping eventually gave way to a united years, man was still blind to his SEPE. There England, under one central government. In can be but one sensible outcome. Within classic SEPE style, the next major move Europe, SEPE must lead to a peacefully was the United Kingdom, to be followed United Europe as individual sovereign by world wide expansion. In broad outline States realise that they can no longer stand the various stages can be seen in many alone, economically, socially, politically, areas of the world. technologically, industrially or militarily. Hitherto, this entire movement has In 1957 I had hoped that by now, more been entirely unplanned; every step has than 50 years later, we would have had at been taken blindly only as the desire arose, least four countries, Germany, UK, Italy with, as always, war or the threat of war as and France, in close political union as the the instrument of change. The cost in lives powerful and prosperous core of a slowly and misery in creating just the United King expanding Union. Instead, Europe is in a dom has been appalling, and is incal mess. With a population of 493.000.000, culable. Must mankind continue to suffer twice that of the USA, it should be a the same blind process of economic and powerful force for peace and justice in the political unification by force over and over world, but the politicians of Europe have again on an ever widening world scale, with failed us. Part of the explanation is that all the destruction of lives and property they have tried to do too much, too soon that science makes possible, or are we going and on too large a scale. to plan this development consciously and The vision has become a nightmare: a thereby create a new era for us all? massive bureaucracy in which democracy Hitherto in the history of man we have has been brushed aside. With 27 member failed miserably. States, many of which have, in effect, been Two World Wars should have taught bribed to join; an amazing 785 MEPs, tra all Europeans that, despite our differences, veling like a circus between two almost our common basic needs make a Federa useless Parliaments in two different countries; ted Europe essential if we are to cope with 23 official languages; mountains of surplus the threats, political, military, eco nomic food in a semi starving world; secret bud and cultural that are increasingly confron gets that for 13 years the auditors have ting us from within and from without. In refused to sign; just one democratic vote fact, a United Europe is no longer a matter every five years; widespread fraud; and a of choice. History shows beyond all doubt Constitution that is being forced upon us, it that unification, in peace or in blood, is seems to me a situation that will take de inevitable. As sensible people, let us accept cades to correct – if the EU does not fall this and choose the method. The millions apart before then. Have we learnt nothing that sacrificed themselves in the two World from Yugoslavia? Wars will not then have completely died in Europe had the opportunity of leading vain. We shall at last have understood their the world into an era in which we actually message. Europe brought about its own plan international political development 10 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY SEPE. Social, Economical & Political Evolution among nations instead of leaving it to blind bination of States, should be allowed to and primitive emotions. Have we lost that push through a law or to perform an act opportunity? Our task, our chapter to write that would be harmful to any other State of in history, is The Peaceful Unification of the union. For that reason, every State must Europe. To do so, our first step must be to insist on retaining the veto for the fore decide whether a United Europe is to be a seeable future, though its use as a bar union of peoples or a union of States. The gaining tool must be strictly forbidden. It difference is of vitally importance. If the may be several generations before the peoples former, individual States would quickly be of Europe regard themselves first as come powerless, because the central authority Europeans and not foremost as members would obtain its power directly from the of a participating race or nation. The people as a whole and could therefore at difficulties involved only reflect the idiocy any time ignore the wishes of individual of the recent premature enlargements of States, or even a minority protest from any the EU. group of them – which is fine, if you are Finally, federal union must not mean not in a minority State. Again, have we the deliberate or thoughtless destruction of learnt nothing from Yugoslavia? the fascinating diversity of the national life To me, it is therefore imperative, in of its Member States. We must forever the current situation, that Europeans choose treasure and safeguard the richness and the second option, a union of States. If so, traditions of the European way of life. no central government, or any State or com
11 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION : BUILDING THE INTERNATIONAL COMMUNITY
National and International Law Relationship. The Application of the International Decisions Concerning the Private Person Situation in the National Legal Order
Cristina PIGUI
Abstract : This article analyses the difficult problem of the relationship between the national and the international law, referring to the international settlements in this matter, to various decisions of several national courts and to the opinions of some important scholars. The conclusion is that that the international law will make more efficient the national law application being, at least, an instrument of its interpretation and, on the other hand, the national law is the exclusive mean for transposing the international rules on the state plan. Indifferent that they are two distinct orders or they are two distinctive parts of the same universal order, the international and national law contribute to fulfil their common aim and, in the same time, their primordial function: the maintaining of the peace and social cohesion . Keywords : international norms, private person’s situation, implementation, effectiveness, national courts, decisions.
e begin this article with a con international law applying . The transpo ceptual delimitation required sition into reality of the international law is W for establishing its analytical the state exclusive attribute (international framework: the concept of international de law implementation) as sovereign legislator cisions refers to those international law and, usually, it is seen as a prudence obli rules that are different through their com gation but not as a result one. Therefore, pulsory 1 character and in this article we we will refer to both distinctively, the first will refer, especially, to the international concerning the measures for implemen justice court decisions and Security Council ting the international decisions as the im (SC) resolutions under Chapter VII from plementation of the international court de Charter. cisions and the Security Council reso The international law coordinates the lutions, while the second refers to the role domestic legal orders of the international law of the national judge in the international subjects but does not unify the different decisions applying that, as we will show national orders of the various states. There below, has a conventional legal fundament. fore, we must discern between the con Another conceptual delimitation that cepts of the transpositions into reality of we will make concerns the concept of the the international norms which circumstan international rule that will be often used to tiates but it is not identical with that of the replace that of the international norms .
12 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship...
Though both have approximately the same national legal order quite through sphere often it is preferable to use the first the domestic norms. concept because it calls less the Law ii. The international rules with direct maker character of the international body applicability must be precise enough this is a strange concept for the intern so as not to request the interme ational law. diary acts for their enforcement. The direct applicable international rules ational and International Law in the national juridical order are called relationship self executing rules (norms). The relationship between the national The direct applicability (monism) of and international law may be seen from a the international law rules is not as easy as double perspective: it seems. The contradictory debates raise the a. From the international field pers case of the conflict between the interna pective , this report favours the interna tional and national norm. From this new tional law according to article 27 of the perspective, the monist system may be Vienna Treaty Law Convention: “A sub classified as: party may not invoke the provisions of A. Monism based on the national law su its in ternal law as justification for its premacy. failure to perform a treaty…”. This rule B. Monism based on the international law was con solidated by an abundant priority international jurisprudence 2 though the Point A is a consequence of the con Chart is silent as far as it is concerned, cept of the unity existent between the na despite the superiority of its provi tional and international law. According to sions, often, it being considered as the this concept, the international law is seen World Constitution in international law. being the external branch of the national b. From the national perspective , the law because, in the end, the international conflicts between the national and inter law is created by the same state which national law will be solved according adheres to the international rules. to lex fori. The national courts will be Logically, the conclusion of this reason hold by the rules of their own law sys is the prior application of the national law tem and by the place accorded by it to in the case of the conflict with the inter the international law in the domestic national rules. That supposes that an inter legal hierarchy. national treaty may be abrogated by an In this regard, the application of the internal law though, as such, the consent of international law by the authoritative organs the other legal subjects who have ratified/ from the legal domestic order (justice system) signed the treaty is excluded. In this way, is related with two systems: the jus cogens norm of pacta sunt servanda 1. Monist system or is emptied of its content by the principle of 2. Dualist system of each state. the absolute sovereignty. 1. The monist system abides direct applying Although this conception was rejected of the international rules in internal ju by article 27 of the Vienna Convention ridical order and presents, itself, two aforementioned, the reminiscences of this characteristics: system persist in the American legal system 3 i. The existence of monism is con and were invoked within the European area escrated in national and inter on the occasion of applying some funda mental rights (Solange system) 4.
13 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui
Point B is founded on the Kelsen 5 system is unfavourable for the develop normativism (Grundnorm) following the ment of the international law. Kantian unity of the law. According to this This classification is rigid and leaves point of view, the entire normative system is out the mixed system adopted by a lot of based on the fundamental norm (Grundnorm) countries including Romania, which permits from which also derive the national norms, for certain international rules to be self and, therefore, these cannot be contrary to executing and others not, the latter re the international law (Grundnorm) on which quiring their implementation through the they were founded. internal normative acts. On the other hand, More than that, the international norms the positive international law is more are the states’ behaviours that may be complex and does not conform to this rigid reduced to the individual persons’ beha classification. viours because the states are formed by the The positive law complexity is mani individual persons so that there is no festted through the autonomy and, at the differrence between these two legal orders. same time, the interdependency of both Therefore, the individuals cannot derogate legal orders. The autonomy consists in the through domestic norms from the con fact that the national law establishes, sented international norms 6. absolutely, the place which is occupied by 2. Dualist system supposes the incur the international law rules in the bosom of poration of the international rules in the its own system and, therefore, they cannot national legal order through the internal be an obstacle in its application. In contra normative acts. party, the international law cannot be in Dualism is a consequence of the duality validated by a domestic norm being able to of the national and international orders establish, itself, the effectiveness of the following from the different subjects and domestic law norms in the international aims or the various conditions of their area though, sometimes, it is difficult to validity. realize a homogeny practice or jurisprudence Therefore, the international treaty is in its respect. seen as a source of the rights and oblige The interdependency of both juridical tions upon the states and, especially, upon orders concerns that the international law their organs with international preroga without domestic law signifies federali tives, but not for their ressortissants. It is zation, while the contrary means the impo necessary to activate a double treaty me ssibility to constitute the international commu chanism for creating effects upon the states’ nity. The both orders cannot survive one ressortissants: without other. A. The treaty ratification/signature. Therefore, Gerald Fitzmaurice showed B. The implementation of the treaty pro that the controversies between these two visions through an internal normative act. systems are artificial 7. Michel Virraly deemed, As a consequence of the duality of the more, that this controversy does not solve national and international legal orders, the the problem of conflicting norm 8. domestic norm may prevent the appli The last trend in this respect is to leave cation of international rules which are in the systemic point of view in the favour of conflict with it, but this fact engages the the substantial ones. The last option favours state international responsibility/liability, even the international law omnipresence in the tually, for the international illicit fact. This internal law. This new tendency is a glo balisation consequence which imposes 14 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... upon the international law to progress from The rapidity of the implementation of the protection of the bilateral interests to some international rules does not mean the protection of the interests of interna necessarily their better transposition into tional community as a whole and also, to practice. Sometimes, the implementation the promotion of the international politics measures transgress partially the interna under the form of universal principles de tional rule requirements for becoming more veloping such as the principles of the efficient. human rights and fundamental freedoms; From the substantial point of view, the supposing that the international law imple states are entitled to adopt the most appro mentation in internal area is inevitable and priate measures for the implementation of the states have not much alternatives in the international rules. this direction. Generally speaking, these implement As a consequence, it is important to tation measures aim the territory of states remember that the international contem which will adopt them. They cover both poraneous law obtained a new function: the activity of the ressortissants of these not solely to regulate interstate relations states and the activity of the others being but also, more and more accentuated, to on the territory of the first. However, the harmonise the national rules 9. contradictory debates raised the universal jurisdiction applying by the states and, I. The international law implementation also, the international obligation to punish jus cogens crimes which is seen as an erga A. The area and content of the na omnes obligation 10 . tional measures for implementing Concerning the rationae temporis appli the international law rules cation of these measures, we must show that, The domain and the content of the in certain cases, they preceded the interna national measures for implementing the tional rules such as the SC resolutions or international law rules are defined through the international justice court decisions, the next elements: being adopted on autonomous bases and a) The substantial content of the imple constituting a separate legislation without mentation measures; implementation character. It was the case b) the territorial area of the implement of Sweden and Finland concerning the tation measures; sanctions adopted against South Africa c) the rationae personae application of and Rodhesia 11 . the implementation measures; Regarding the implementation measures d) the rationae temporis application of of some international rules, following after the implementation measures; and from these international rules, we may e) the interpretation of the exceptions remark that it was impossible for them to from the international rules through coincide from the temporal point of view the content of the implementation with the rules transposed, usually, being a measures; reasonable term for their implementation. f) the effect of the implementation In this view, there are problems when measures upon the private rights; the international rules have an immediate g) the adoption of the sanctions in the effect or they do not specify a certain date case of the infringement of imple of their application. The rules with a nor menttation measures; mative character cannot be retroactive. There fore, the domestic implementation measures
15 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui bring the international rules in the internal versies concerning the general law prin order after the adoption of the last and, ciple nullum crimen sine legem , but we’ll therefore, it appears to be justified the talk below more. international rules infringement according to the non retroactivity principle of the B. The implementation of the SC domestic law. punitive resolutions in the national law Concerning the SC resolutions, the The Security Council resolutions permit problem is more visible as much as these the member states to choose the measures resolutions establish sanctions available for for their implementation 14 . Therefore, it operations (exchanges and commercial contracts, appears often a vacuum between the adop financial operations, etc) consented before tion of the SC compulsory resolutions and their adoption. their application by the member states. Or, For the exceptions of the international their efficiency (including economic puni rules which follow to be implemented, they tive sanctions), is deep dependent by their will be inserted in the domestic acts in such a implementation period. way as they have been interpreted by each The implementation of the SC deci state. This proves the fact that, implicitly, sions raised currently the next problems: the SC resolutions and the international court The implementation delay because of the decisions may be interpreted by the na lateness of the legislative measures ne tional authorities in the case of ambiguity. cessary for their enforcement; SC resolutions contain a number of The modification of the SC decisions con uncertain terms which let often wider possi tent by the act of their transposition into bilities of their implementation by the na national law in the sense of their restraint tional authorities being in the detriment of from the territorial, temporal, personal the uniform implementation. Security Council, point of view through the insertion of the itself, clarified sometimes the terms of these new exceptions from their application in resolutions or it delegated this burden upon their content, etc. the Sanction Committee. Usually, the inter Concluding, the SC mandatory deci pretation given by the Sanction Committee sions may be assimilated to the obligations has been seen as an authoritative interpret deriving from treaties because such deci tation 12 . sions are binding under the Charter, article The human rights topic was sensitive 25, having a conventional nature. when the international rules were punitive Although, even in the monist countries or restrictive concerning the human rights as United States in which the international and fundamental freedoms. In Yussuf Case , law is declared “the law of the land”, the the European Court of Justice declared that SC decisions do not enjoy by the direct these rules must comply with jus cogens applicability in the sense as we showed in norms of human rights 13 . the next paragraphs. In such countries, The adoption of some sanctions for the usually, there is a distinction between the infringement of the implementation measures self executing treaties that are enough pre raises the problem of their abrogation cise and complete expressing the intention while the sanctions imposed by SC have to act immediately against the national been ceased through a newer resolution. ressortissants and the treaties without self The period of time between the punitive executing character that, therefore, ask the resolution end and the abrogation of its adoption of the necessary legislation for implementation national act raises contro their implementation and for obtaining 16 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... their enforceable character before the na indicated that certain SC resolutions enjoy tional courts. by the self executing character while the Despite of their importance on the French courts adhered to the legality of the international plan, the SC decisions under individual actions for the non execution of article 41 from the Charter were general certain contracts founded on the Security assimilated with the treaty obligations Council resolution which banning them, without self executing character. In Diggs though the justification was based more on v. Dent 15 , The Columbia District Court the major force than the resolution self deemed that the SC resolutions 270(1970) executing character. In Argentina, the courts and 301(1971) concerning Namibia had no suggested that they may apply SC reso self executing character because, generally lutions as self executing provisions in ana “the U.N. resolution (…) does not confer logy with the court decisions regarding the rights on the citizens of the United States human rights. The same, resolution 692/ that are enforceable in court in the absence 1991 for establishing the United Nation of implementing legislation”. A treaty is Commission for Compensations appeared self executing only if the binding rights of as having direct effect in the Poland legal the individuals derive from treaty without order. Finally, it has been suggested that in the necessity of the ulterior legislative or Namibia, also a monist country, SC deci executive action: “The United Nation Charter sions may be applied by the Namibian courts provisions are not self executing and do without to be necessary the implement not invest any request with any individual tation laws 17 . legal right that they may claim before of Concluding, because there is no una this Court…”. nimous practice concerning the self executing On the contrary of these arguments, in character of the Security Council resolu the Diggs v. Schultz Case 16 , the Columbia tions, their implementation, generally, has Appeal Court showed concerning the asked for the adoption of the internal Rhodesia sanctions, that they “had been legislative measures. implemented in this country through the More, we contend that the financial and Executive orders that imposed punish economic sanctions adopted by SC under ments against the persons who were vio Chapter VII affect the statute of the indivi lating their directives”. duals from the member states through the The German Federal Justice Court infringement of their property or the con contended on April, 21 st , 1995 that the tractual obligations protected by the national measures adopted by the Security Council constitutions. These resolutions should be under Chapter VII of the United Nations taken by such a way to avoid their challenge Charter have not direct effect for indivi before the national courts. duals from member states and they are Whatever, it is necessary to adopt a binding only for the state themselves. This general legislation, especially to avoid the position did not remain uncontested and delay implementation of the Security Council the national court had the occasion to take resolutions. In its absence, it follows to into account that the Security Council adopt the ad hoc norms. resolutions may affect the legal situation of Such general legislative framework the individuals through their direct cones has been adopted, especially, after Rhodesia quences upon the contractual obligations Case and the implementation of the Se even in the absence of the implementation curity Council decisions which affect the domestic legislation. In Belgium, the courts individual rights makes necessary, in some
17 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui countries as Switzerland, the Constitution b. the national judge power to interpret and amending. The affectation of the statute of enforce the international decisions; individuals through the restriction of their The national courts turned towards an property, the contractual obligations’ en objective method to interpret the treaties forcement or the other restrictions of the according to the article 31 of the Vienna human rights by the SC resolutions deter Treaty Law Convention 18 . The traditional mined their implementation through ad dichotomy between “the intention of parties” hoc legislation which is a lent parliamen and the textual approaching consists in tary law making process. The adoption of choosing between the text signification in the ad hoc legislation raised the problems the light of the intention of parties and the concerning the moment of its abrogation intent of parties presumed in the light of especially in the case when the SC text expression . sanctions ceased but the ad hoc domestic These methods to interpret the treaties law continue to produce its effects till to will be applied by the national judges who newer law which abrogates it. interpret them. There are still many obstacles Other times, the state pre existent legi before the national court judicial review: slation – as the permission given to Executive 1. Dilemma „political question”; for having some prerogatives to take the 2. Dilemma „the act of state”; rapid measures necessary for the sanctions 3. Dilemma of the judiciary indepen implementing – facilitates the burden of dence before the Executive power; the implementation of these decisions though 4. Dilemma opinio juris ac necessitatis ; it is not related with their enforcement. 5. Dilemma of the direct applicability of Out of the general legislation, the pro some international rules. fundity of the European integration process The first point, dilemma „political imposed in addition the coordination of the question” was called in many internal claims implementation national measures with the from United States by the courts from this measures taken inside the Union by the country during the Vietnam War for re organs entitled. In the case of federalism fusing to check if US engagement in this the legal bases of the implementation war was legal from the international law measures are different according to each point of view. federative state. In other case – Murruroa Case 19 , French State Council refused to show if the French II. The international law applying. Govern action to create a security zone by The national judge as a guarantor 60 maritime miles around Murruroa Atoll of international law applying from Pacific suspending the maritime navigation for doing the nuclear experi A. The power of the national judge ments is concordant with the international to interpret the international law law or not. We’ll try to dial with the next pro The American judges turn more and blems in this paragraph taking into account more in the sense of the international cus the conventional nature of state obligations tomary law cannot be applied when it under article 103 from Charter or founded implies the Executive act review including on the international justice court statutes: when the conflict regards the problem of a. the national judge power to interpret the human rights. treaties and custom; Therefore, the administrative act theory that excluded the Executive from the 18 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... subjects of the national law application has Benedetto Conforti agrees with the been used on the international area when idea that the national judges should refuse the claimer called the international ille to apply any law, judiciary decision or ad gality of his Government acts before the ministrative acts elaborated by third states national courts. when they establish with good faith that In the Rapport of the International these acts are not conform to a determined Law Institute from Milan 1993, Rapportor obligation of the international law. Benedetto Conforti deems that there are We contend that the Benedetto Conforti exceptions from “political question” theory opinion is dangerous because it infringe when there are realized two requirements: the guaranteed defence right, except the i. The precise and complete international case when the emitter of the litigious act obligation existence from the third state will be cited in process But, Benedetto Conforti contends that (the fact is prohibited by the state sove if this problem is left to the Executive reignty principle). On the contrary, these discretion such as the treaty negotiation or judgments will be rendered on the political the diplomatic representative accreditation, criteria more than juridical. then the problem of the judicial review is Point 3 concerns the situation when obsolete. the judiciary has a certain dependency by ii. The authorization of the Executive acts the Executive “legitimated” by the necessity by the legislative authority. With few of the coordination of their voices making exceptions, the judiciary cannot review a coherent line at the international law uni the Legislative acts. tary subject. Point 2, the “act of state” dilemma, pro This practice is followed by United tects the third states against the forum state States and also, in other countries, for banning the judiciary to decide upon the example: conformity of the acts made by these states a) The judiciary dependency by Executive with the international law. in France in the matters of the contract This interdiction was interpreted as a interpreting. France was criticized by prohibition to judge the third state acts in the European Court of Human Rights the light of international law, as the impossi for this reason in Beaumartin c. France bility to judge the same acts in the light of Case 21 . the forum public order. b) The competence of the Common This theory was restricted in some wealth and Foreign Office to elaborate countries and expanded in the others. In the mandatory certificates for the English the respect of, the American courts embraced courts concerning the international facts so called „ treaty exception ” or Second recognized and considered to exist legally Hickenlooper Amendment (1964) elabo by the British Executive (borders, war rated by the United States Congress accor and neutrality state, etc). ding to which the acts of the third states c) Wider powers conferred to the justice may be appreciated as illegal concerning minister from Italy for permitting or the causes of the expropriations contrary to not, reciprocally, the forced execution the international law. In United Kingdom, of the foreign state properties. The Lord Chamber extended in Buttes Gas d) The possibility of the US President to and Oil Co. v. Hammer Case 20 the „act of ask the courts to apply the “act of state” theory to the transactions between state” doctrine and also the powers sovereign states. given to the Executive concerning the
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applicability or inapplicability of some international existent practice in the res treaties in the domestic order. pect of, even fragmentary. Benedetto Conforti deems in his Finally, point 5, the self executing effect Report that the Executive may proceed of the treaties represents the direct appli only in its quality of amicus curiae and in cation of the complete, precise and valid any case it cannot have a binding and ulti treaties. The disputed problem is if the courts mate decision making power. The exclu are competent to establish that the treaty is sive case when Benedetto Conforti con complete, precise and, therefore, direct sents in his Report that the judiciary has to applicable. abstain from exercising the state act review Many times, the self executing – or is the case of the state security. But, Conforti not – character of the treaties was nuanced appreciates that the problems which affect on the more political than juridical criteria the state security have to be established by according to the state interest. For justi Legislative. fying these interests, it has been invoked The problem if the national judge may the vague, uncertain character of the treaties. refuse to apply the rules of the customary The Swiss Federal Tribunal excluded international law or may to modify them from the direct application the treaties that according to the circumstances but with contain the clause of reciprocity showing the risk to expose the state to the inter that the reciprocity clause permits to the national liability, raises powerful debates. state to apply or not the treaty according to If the new custom of the international law its execution by the co contracting party. come into being from the older custom For example, GATT Treaty abides to the infringement, what are the limits till the state to adopt some measures inconsistent national courts may take the steps towards with the treaty in the case of the economic the new custom breaking the existent difficulties. In these cases, the national unwritten law? judges may apply these last measures even In the first opinion, it has been showed contrary to the treaty. that the national judge cannot be an inter The majority of the human right con national customary law legislator because ventions enclose dispositive clauses for his task is the law interpretation. For this their implementation which provide, usually, reason, his decision must be founded on that each contracting state will take all the pre existent practice but which it was legislative measures of any kind and even not sufficient, itself, being consolidated by tually, in a progressive manner, necessary the respective judiciary decision in the for their enforcement. Such clauses are sense of opinio juris necessitatis. The jud enclosed in the Civil and Political Rights gement strengthens the starter practice Protocol (art. 2, par. 2) as well as in the through its references to equity and justice. Economic, Social and Cultural Rights For example, the Lord Chamber Decision Protocol (art. 2, par. 1) annexed to the in Trendtex Trading Co. v. Central Bank 22 United Nations Charter, etc. promotes the limited immunity concept On United States, the existence of the which is “consonant with justice”. implementation clause is interpreted as As a consequence, it has been showed being the intent of signatory parties to that the national judge may refuse to apply avoid the direct application of the entirely the customary international law norm or to treaty in the domestic legal order. But, modify it if he justifies opinio necessitatis International Law Institute showed in its or the decision is based on the national or Report from Milan, 1993, that, because the 20 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... implementation clause does not concern treaty cannot be deduced solely from the the procedural methods, it means that it not apparition of the national law contrary to affects the convention direct applicability it. The national judge must try, as it is because the intent of the signatory parties possible, to adapt internal law to the spirit is to enforce completely the treaty imple and the letter of the international law. mentation in domestic order in such a way Anyway, for deducing the abrogation of that it result from the implementation clause. the treaties implemented by the subsequent On the contrary, such clause would oblige national law it is necessary the identity the states to guaranty the formal validity of between the domain of the international the treaty in domestic area. treaty provisions concerning its cones Therefore, it was general agreed that quences in the internal legal order and the the national judge cannot refuse the direct domain of the posterior internal law for its applicability of the treaty because its pro abrogation. visions are vague and indefinite or because the treaty has the implementation, reci B. The effectiveness of the inter procity, even conciliatory clauses, but he national decisions concerning the has to check if the treaty establishes obli situation of the private persons in gations upon the states and its implement domestic legal order tation may be done without the interven The individual or collective legal sub tion or creation of the special organs and jects from internal law are bearers of the procedures (for example, the right of fair rights and obligations resulted from the trial may be realised only after the creation international law treaties without becoming of the tribunal). the international law subjects. Another question raised by doctrine Therefore, in its advisory opinion was if the national judge may refuse to from Dantzig Tribunal Jurisdiction 23 , ICJ apply an international treaty taking into showed: "…according to a well establi account the circumstances that put the shed principle of international law (…) treaty into end as the notorious causes of being an international agreement, cannot, its invalidity or its ending through the state as such, create direct rights and obligations succession, the changing of circumstances, for private individuals. But it cannot be etc. or, it is necessary, first, that the state disputed that the very object of an inter from which the judge belongs to denounce national agreement, according to the in the treaty? tention of the contracting Parties, may be We agree that the national judge may the adoption by the Parties of some de establish the moment of the international finite rules creating individual rights and treaty cessation even the state did not de obligations and enforceable by the national nounce it, taking into account the accom courts ". plishing of its term or the modification of The International Human Rights circumstances (rebus sic stantibus), the Convention is an example of international abrogation of its implementation norm or rules codified but which determines rights the apparition of the contrary treaty between directly in the patrimony of the ressor the same parties ( lex potest ). tissants of member states. However, in the case of the conflict As a consequence, we may conclude between the treaty provisions and the na the next: the internal legal subjects have tional law (the conflicting norm), we con not international personality (they aren’t tend that the intention to abandon the international legal subjects), but they are
21 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui international capacity in the international only the contracting parties. The article arena. We borrowed the term “capacity” 94.1 must be corroborated with the article from the national law terminology for ex 59 of the ICJ Statute which stipulates that pressing international aptitude of the inter the decisions are binding only for the nal legal subjects to obtain international litigant states. rights and obligations on international Consequently, in the case when the arena and to act for defending them in the court decisions raise the rights and oblige international process. tions in the patrimonies of the individuals We’ll study separately the particula or juridical domestic persons, may they rities of the effects in internal plan con prevail by the authority of the judged act cerning the decisions which establish rights (res judicata) before the domestic courts and obligations upon the private persons concerning the international decision accor elaborated by the international courts or in ding to the article 59 aforementioned? the case of Security Council resolutions. Being of the private persons are not parties before the international courts neither The national effectiveness of the de they are obliged by this decision nor the cisions which regulate the situation domestic judge who judges in an ulterior of the private persons elaborated by procedure in which these parties are involved. the international justice courts The national judge, being face to face According to the United Nation Charter, with such dilemma, may use the inter article 94.1, each member state agrees to national court decision for: fulfil the International Justice Court (ICJ) 1. To interpret the national law norm; decisions in the cases in which it is in 2. To interpret an international rule such volved as party. as we have showed in the first pa Nevertheless, the Charter has not any ragraphs of this article; mechanism for monitoring the implement 3. For solving the preliminary question. tation of these decisions than to seize the As a consequence, the international Security Council upon the infringement court decisions are not susceptible to be despite of it is an political organ in a high enforced on the national area before of degree and, therefore, it will act more on their inter state nature and also due to the the political criteria than juridical (though principle of the relativity of judicial deci the enforcement of the decision is the third sion effects. part of the judicial process). In the first opinion, it has been showed Therefore, the creditor state keeps in that when the state acts before the inter hand the next means for obtaining the national courts for the fulfilment of the enforcement of ICJ decisions: to adopt rights of its private legal subjects it has countermeasures, to apply at the interna produced a “procedural substitution” which tional or regional organization, to seize the permits the last to benefit by the interna Security Council. tional decision effects in a quality compa Particularly, this enforcement could be rable with their state quality and they will guaranteed by a domestic judge. The na be able to valorise their rights through do tional judge intervention may be called either mestic procedures as their own state. This the creditor state or the private persons that conclusion would be confirmed by the benefit by rights and obligations. institution of the diplomatic protection. The binding effect of the ICJ decisions This ration is contradicted by the is based on the conventional rule that ties Mavrommatis Concessions in Palestine 24 22 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... in which the International Permanent Court point of view or to consider that the ECHR of Justice showed in its decision from decisions do not affect the authority of August, 30 th , 1924 that the state which acts judged act from the domestic area and also for the diplomatic protection of its ressor the enforceability of the national decisions. tissants: “does not substitute to the rights In the both cases, the ECHR judge of its ressortissants but it valorises its own ments cannot be called as the judged act right”. authority before the national courts. The same problem has put in the The decisions of the international courts Avena Case 25 when ICJ has recognized tie only the state party but not its courts that the diplomatic protection right is an though the state as abstract entity is repre individual right and the state from which sented by its public organs on the plan of the injured person belongs, may act before the international relations. Therefore, it would ICJ to valorise this right. result that the action of the state public Nevertheless, the Court did not men authorities drags the state liability on the tion that the respective state has the right international arena despite of the fact that of recourse through the substitution in the the state obligations do not oblige its rights of its private person but it relieves public organs. the state possibility to defend the indivi For exemplifying the refuse of the na dual rights of its ressortissants before the tional judge to apply the International Justice international courts. Court decisions, we remembered the refuse In the respect of, because Osbaldo of the American courts to give efficiency Torres (Avena Case) was not party at the to the ICJ decision in Avena Case calling process before the International Court of either its lack of judged act authority or the Justice he couldn’t call the authority of the principle of the state power separation judged act of the ICJ decision before the (concerning the memorandum Compliance American courts of justice. The Criminal with the Decision of International Court of Appeal Court from Oklahoma answered to Justice in Avena adressed by George W. his appeal that “The International Court of Bush to the General Attorney). Justice has jurisdiction only upon to that The same, in the case Comité des court” 26 . ressortissants des Etats Unis residant au We’ll check if this ration is available icaragua c. Reagan 27 , American courts for the European Court of Human Rights rejected the damage request of the civic (ECHR). Sure, this problem does not refer committee following the prejudices made to the situation when the state takes pre by the war from Nicaragua. In the opinion caution measures and adopts domestic of the appellants, the United States respon norms that permit the case revision as a sibility derives from the US aid for consequence of the ECHR decision. For CONTRAS which was established as ille this situation, the obligation of the national gitimate by the International Court of Justice. judge to re open the case does not follow The American ordinary court dismissed from ECHR decision but from the national the request of claimants with the reason law provision. that it implies “political question”. The In the absence of the domestic similar Appeal Court rejected the appeal justifying norms the national courts have the possi that the individuals cannot act before the bility either to give to the case a wider inter domestic courts for enforcing the ICJ pretation in conformity with the national decisions 28 . law permitting the adoption of the ECHR
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In the Socobel Case 29 , Permanent tation of borders which have been called de Court of Justice (PCIJ) rendered a decision cisions in rem opposable erga omnes which confirmed the validity and manda differring by the decisions establishing the tory character of the arbitral decision obligations only in the charge of the debt obtained by the Socobel (Sociéte Commerciale party submitted to the relativity effect (called du Belgique) in 1936 and, also, in 1939, the decisions in personam ). This doctrine but whose Belgium didn’t eficiency for was criticised on the fact that erga omnes guaranteeing their enforcement with a for effect for the decisions so called in rem feiter sum deposited in Belgian banks and would permit to the individuals to call the deserved to Greece according to the Marshall international decisions though they are not Plan. The tribunal denied the effectiveness parties or receivers of those. of their enforceability showing that neither The ICJ decision in case Pecheries arbitral decisions nor the Permanent Court norvegiennes was taken into account by of Justice decision were not the object of the Supreme Court of Norway in the cases the exequatur procedure in Belgium and Rex c. Cooper and Rex c. Martin 31 . Iden Socobel was not part in the case before tically, the decision rendered in the case PCIJ. A part of doctrine criticised the Belgian Minquiers et des Ecrehous has been court solutions. Claude Albert Collard deems invoked by the Cassation Court in the case that the International Permanent Court of Buchanon 32 . Justice decisions and as a consequence, the In other situations, the ICJ decisions International Court of Justice decisions should were taken into account for interpreting the be assimilated to those of the superior tri international law by the national courts. In bunal more than foreign tribunal and, these situations, the national law is seen as therefore, they should be excepted from an “international law factory” 33 . Such as, the exequatur formality. It has been consi in the case Bendayan , the French Cassation dered that to permit the national judge to Court used the ICJ decision from the case discuss the judged act authority of the Droits des ressortissants des Etats – Unis international decision would mean the in d’Amerique au Maroc for interpreting the fringement of the principle “the impossi international law 34 . bility of the non – confirmation of the The appealing to the ICJ decisions for international judgement by a national ones” baring the re examination of the problems which has been affirmed by the PCIJ in the already solved, so called “teoria efectului case l’ Affaire relative a l’usine de Chorzow 30 colateral”, respectively, collateral estoppel from September, 13 th , 1928. concerns the American doctrine of the The aforementioned cases exemplified collateral effect regarding the judged act the theories constituting the true obstacles power of the judicial decisions, namely, the against the international court decisions banning of the re examination of the pro effectiveness before the national courts. blems already solved through a precedent The exemplificative models through definitive decision though the ulterior case the national courts gave efficiency in the has a different object. According to the US national legal order to the international de Supreme Court decision from Cromwell v. cisions has been supported by the theories County of Sac Case 35 , the difference between contrary to the aforementioned. res judicata and collateral estoppel is that, The first differentiation has made in the first, the effect of the definitive de concerning the decisions rendered by the cision is plenary between the same parties, international courts regarding the delimit object and cause while in the second, this 24 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... effect also relates with a different process the procedures before ICJ because only the but which implies the problems already states are legal subjects. solved through the verdict of the jury in a Hence, if the aforementioned national precedent process. It means, by the others, decisions are not explained upon the that only the decisions upon the case sub „colateral estoppel” base then what is the stance may give rise to the collateral effect. juridical fundament of them? The principle of the decision effects’ re Concerning the arenji Case, it has lativity excludes from their application the been showed that the measures taken by thirds that did not take part in the process. the American authorities against the Iranian But, when the thirds valorise pretensions students had a domestic character being concerning the effects following from the legal from the national legal order point of precedent decisions in a separate way, the view in virtue to the fact that Executive is exception of the “collateral estoppel” may able to do discriminations on the nationality be raised even against them. base but in certain circumstances. On the Such as, it has been supported that the other hand, on the international arena, these ICJ decisions would be able to bar an measures may be seen only as retaliations ulterior procedure upon the problems against Iran – an unfriendly but legal be already solved before it. In the respect of, haviour. In these circumstances, the invo there are cited various decisions that cation of the ICJ decision was not more followed the ICJ jurisprudence from than an adjuvant. Teheran Hostages Case 36 as the cases Concluding, the national judge is free arenji v. Civiletti 37 , ational Airmotive v. to ignore the ICJ decisions or to take them Iran 38 , US v. Central Corpopration of into account for interpreting the national or Ilinois 39 . The same, the ICJ decision con international law or avoiding the re exa cerning Anglo Iranian Oil Company Case 40 mination of the problems already settled has been invoked by the national judges by them. solving the claim made by the Anglo From our point of view, for giving the Iranian society against a Swiss customer 41 efficiency of the ICJ decisions on the in and, then, against a Japanese commercial ternal plan, the ICJ Statute must be changed society 42 . The civil tribunal from Rome for being able to create rights and oblige used the analogous conclusions as in the tions which may be valorised by the private Anglo Iranian Oil Company v. S.U.P.O.R . persons. This point of view is worth one's Case in its judgement from September, 3 rd , while and a significant antecedent we find 1954 43 . in article 14(1) from the rough draft of These examples prove that, many times, arbitral procedure of International Law the national judge try to avoid the ob Commission from 1950. According to this stacles raised by the inter state nature of article, the arbitral sentences joined to the ICJ decisions using the “collateral estoppel” mandatory power “for all the litigation par doctrine for eschewing res judicata. ties and for all the resortissants and organs The opponents of this theory showed of these states”. that the “collateral estoppel” theory may The domestic legal subjects have access be used in the favour of a third party and to the international jurisdictions after ending against one from the parties. In the na all the domestic jurisdictional stages from tional decisions aforementioned there are the state against which they claim. In this involved only particulars – juridical or moment, they are able to obtain the diplo physical persons, who were not parties in matic protection of their state or to claim
25 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui before the international courts the illicit Convention infringement (apart from that repairing. in responsibility) to non violate more the The inverse situation when the state rule, which, however, it implies confor illicit fact has been established by an mity through its definition. The obligation international court such as in the cases of non repeatability is axed more on the LaGrand and Avena raises controversies if prevention than on the equitable reparation. in such a way the domestic legal subjects ICJ did not examine the legal base for may call the judged act authority before establishing the non repeatability obligation the national courts for asking the repara and the International Law Commission did tions as a consequence of the illicit already not clarify it more 45 . LaGrand Case was the settled by the international court. beginning of the Court jurisprudence through which there was imposed the finality obli The guaranty of non repeatability gations more than the prudence obligations and its effect in the national area upon the states 46 . The case La Grande 44 disturbed the Subsequently, in the Avena Case , ICJ international world through the guaranty has gone ahead on the same jurisprudence imposed upon United States by the Inter and has condemned US for the infringe national Court of Justice at the Germany ment of the obligation to inform 52 Mexi request. Two German resortissants were cans sentenced to capital punishment regar convicted to capital punishment by United ding their rights of consular protection. The States without the fulfilment of the Vienna decision of the US condemnation imposed Convention conditions concerning the pri upon it the obligation to re examine the sons informing about their right to benefit verdicts already sentenced in virtue of the by their consulate assistance. Germany asks non repeatability guaranty established by ICJ to statue that US is debt of the obli LaGrand. Avena stressed by a retroactive gation to assure and to guarantee the non manner the reparatory function of the non repeatability of the infringement of Vienna repeatability obligation which has been Convention obligations concerning the considered before to be pre emptive. diplomatic protection but it did not ask any Conclusively, though the Court deci material reparation for the prejudice suffered. sion in Avena Case was not fulfil due to The Court gave satisfaction to Germany for the US justice federalization difficulties, obtaining the non repeatability assurance on the other hand, in an original way, the concerning that, in the case when US will international law of the states’ response convict the German resortissants to grave bility used the national law to give effi punishments without the fulfilment of the ciency to its primary rules. consular notification obligation then, it will be obliged to take internal measures for Effectiveness of the Security Council permitting the re examination or re eva decisions which regulate the private luation of the verdict. persons’ situation This decision raises debates concerning The sanction resolutions for freezing if the obligation of the non repeatability the founds or goods of the state or target should be attached as a secondary obli entity as well as the embargo upon the gation to the main obligation in state res commerce, transportation etc 47 . affect the ponsibility or, on the contrary, ICJ con private rights of the individuals and raise demned US to a new main obligation in the substantial problem of their application virtue of its responsibility for the Vienna area. What legal effects determine such 26 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... contracts affected by an embargo: the Community law. ECJ stated that though nullity or the temporary suspension of the the penalties are at the EU member states’ contracts ruled with the target state? will, nevertheless such penalties shall be Another question concerns the non “effective, proportionate and dissuasive”. retroactivity of such measures. Regarding Concerning the conflict between the the last, the states responded differently: SC resolutions and the domestic law, its from instituting the exceptions from the solution depends by the international law resolution applying such as the contracts place in lex fori . which were settled or began to perform There are some constitutions which before the decree elaboration for imple provide the supremacy neither the interna menting the resolution to the application of tional law nor the national law in the case “hardship provision”. of conflicting norm. It is the case, for example, In many countries, the property pro of the Japanese Constitution which is silent tection enclosed the compensations for in the regard of. lacking the property. In the same time, Other constitutions statue the lex posterior such compensation requests could also be rule as in the United States („later in time”) made on the general law principles. and the others consecrated the supremacy The compensation is not general avai of the self executing treaty upon the na lable for all the contracts that couldn’t be tional law. ruled due to the embargo but, such as the In the context of, the implementation Swiss courts showed, it is available only of the SC resolutions may raise a true when there are involved the state substan “constitutional crises” on the national area, tial interests. especially in the field of the human rights More, to the international level, there and fundamental freedoms. are excluded the compensations following From the international courts, only the from the embargo imposed by the United European Court of Justice and European Nations being permitted only some excep Court of Human Rights render decisions tions from humanitarian reasons. with direct effect in the legal order of the In certain cases, SC called the states to member states, the first, on the base of its provide penalties as punishments for the regulations and the second, underlined on sanctions infringing. What is the legal base its treaty which gives a quasi constitutional to adopt such punishments in the member rank to its decisions for all the member states’ legislation? states from the Europe Council. The legal framework was sought in Out of these, the international law the special provisions of the criminal na rules are applied by the national courts in tional code such as the punishments for the conformity with the national constitutions arm embargo infringement or in the pro and only for domestic aims. visions of the commercial code with the Although it seems that, at least, the im various degrees of gravity. plementation domestic acts of the interna Such punishments were taken also for tional rules are submitted to the internal the European law infringement. In Ebony jurisdictions, the resolutions implemented Maritime Case 48 , the European Court of often touch the problem of the security and Justice should respond to the question if public order which escapes to the com the seizure of a Maltase cargo being in its petencies of the judiciary (the theory of the way towards Yugoslavia infringing SC state act). resolution was in conformity with the
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Sometimes, the refuse to control the gations under international law or, in its 8 th SC resolutions was justified on the Charter paragraph, to assist the Iraqi people inclu supremacy. Thus, a decision of the Hague ding the human rights observance. The SC District Court from August, 31 st , 2001 rendered President, himself, called with the occasion to the Milosevic request to be release of the resolution adoption to exercise the unconditioned showed that Holland trans duties under Charter “in conformity with the ferred its competence to the ICTY that justice and international law principles” 52 . enjoys by supremacy upon the national Also, in the case Boudellaa .a versus courts and the Charter obligations prevail Bosnia Herzegovina 53 the Chamber of Human upon those of the member states 49 . Rights for Bosnia Herzegovina decided on Many times, the courts have been con October, 11 th , 2002 that the international fronted with claims against the abuses fight against the terrorism couldn’t exone which exceeded the SC resolutions. In this rate the respondent parties from the fulfil case, the national courts were in the po ment of the obligations concerning the sition to interpret the SC resolutions. human rights guaranteed by the Annex to The most relevant case in this direction the General Framework Agreement for is Bosphorus Hava Case 50 . The Irish High peace in these territories. Court mentioned that because the SC Nonetheless, such as the Professor resolutions are not part of the Irish law, the Bernhardt showed in pag. 1300 from his resolution 820/1993 is merely the source Commentaries upon the Charter, article of the Council Regulation 990/1993 in 103, from the Professor Simma book 54 , SC whose interpretation the Court will take into adopted and developed a standard formula consideration any judiciary or academic for many from its resolution under Chapter commentary because, in their absence, the VII from 1990 to present: resolution 820 is unimportant for Court. “Call all the states… to act strictly in But, the situation is changed when the conformity with this resolution, despite of problem of human rights is approaching. the existence of any rights given or obli Albeit the SC resolutions do not affect gations conferred or imposed by any in directly the human rights, the national courts ternational agreement”. are often confronted with the subsequent The challenges addressed by the human problems following from embargo as: the rights to the SC resolutions, beforehand infringement of the property right or the the challenges against the Talibans, Osama right to an equitable and preliminary com Bin Laden and Al Qaida, concerned the pensation, the right to a fair trial, etc. listing of individuals suspected by terror In Hilal Abdul Razzaq Ali Al Jedda ism, which became the targets of the UN Case 51 , the Appeal Court from London sanctions. Particularly, the individuals listed showed that the resolution 1546 from 2004 by the Sanctions Committee in the resolu does not affect the claimant rights under tion against Liberia protested. In November, the International Convention of Human 2005, the expert group for Liberia noted Rights according to article 103 from Charter. that it had received some claims from Although the power was given to Iraqi admi individuals who had showed that they are nistration, the situation from Iraq conti listed unjustly and their right of free nued to be called as a peace threaten through movement is infringed. The claimants had the resolution 1483/2003 which calls in the sustained that they are innocents, they do 5th paragraph to all the parties involved in not know the reasons for which they are on Iraq stabilization to fully respect the obli the list and they had threatened UN and 28 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... the expert group that they claim them be the historic traditions and also, the role of the fore a court. Generally, the individuals who personalities (Adrian Năstase, B. Aurescu, C. showed that they were listed erroneous Jura, Drept Internaţional Public: Sinteze pentru examen , C.H. Beck, 2006, p. 15). according to the Sanction Committee cri 2 teria have had the possibility to introduce a Starting with Alabama Case Arbitration from 1872 and continuing with the advisory opinion delisting request through their states of of PCIJ in Greco Bulgarian Community Case nationality or residence being a certain when the Permanent Court of Justice declared form of the diplomatic protection. that „it is generally accepted the principle of Concluding, it result that the inter the international law that in relation between national law will make more efficient the that Powers which are contracting Parties to national law application being, at least, an the treaty, the domestic law provisions cannot instrument of its interpretation and, on the prevail upon those of the treaty”, the inter other hand, the national law is the exclu national jurisprudence relieves uniformly the sive mean for transposing the international lack of the relevance of internal law provisions rules on the state plan. for complying with the international oblige tions. Ulterior, the International Court of Hence, indifferent that they are two Justice (ICJ) also showed in the Treatment of distinct orders or they are two distinctive Polish Nationals in Danzig that „a state cannot parts of the same universal order, the inter prevail against another by its own Constitution national and national law contribute to ful with the intent to avoid the obligations which fil their common aim and, in the same charge upon it under international law or en time, their primordial function: the main forcing treaties”. (Vera Gowlland Debbas, taining of the peace and social cohesion. Collective Responses to Illegal Acts in Interna For this reason, we consider that it is tional Law, Martinus Nijhoff Publishers, 1990, p. 510) . wrong to talk about the exclusion or com 3 promise between two different legal orders B. Stern, L’affaire du Bureau de l O.L.P devant les jurisdictions interne et internationale , – national and international, but we may A.F.D.I, p. 165 194, 1988. talk instead of those about the reciprocal 4 Solange I opened the possibility that the enrichment and normative reinforce between European Court of Justice (ECJ) decisions do the two distinct spaces of legality. not be applied by the German courts if they are contrary to Constitution, urging ECJ to develop otes with new enthusiasm the subject of the human 1 As Professor Raluca Miga Be teliu showed in rights. Following, in Solange II, the German Consti her academic course, the mandatory character tutional Court declared „…it has to statue that, of the international law rules consists in their while the European Community secures the authors’ decision–especially states, to respect general and effective protection of the fundamen them within the horizontal system without tal rights…the Federal Constitutional Court do legislative, executive or judiciary bodies. It not exercise more its jurisdiction to decide upon does not mean that, through its subject will, the the applicability of the secondary Commu nity international law does not possess the coercion legislation… and it will not control that legi instruments or certain hierarchy of its nor slation according to the fundamental right stan mative values having jus cogens as head of that dards from Constitution (…)”. See Karen J. Alter, pyramid (Raluca Miga Be teliu, Curs Universitar: Establishing the Supremacy of European Law , Drept Internaţional Public , All Beck, 2005, pp. Oxford University Press, p. 94 96, 2001. 4 5). Out of the state consent, Professor Adrian 5 Hans Kelsen, Pure Theory of Law , The Năstase mentions as configuration factors of Lawbook Exchange LTD, Union, New Jersey, the international law: national interest, power p. 3 15, 2002. balance or philosophical, political conceptions, 6 Hans Kelsen, The Principles of International Law , Rinchart, p. 73, 1952.
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7 Gerald Fitzmaurice, The General Principles of El Zeidy arguments that the interdiction of the International Law considered from the Standpoint crimes against humanity, the war crimes and of the Rule of Law , 92 RCADI (1957 – II) at p. 71. the genocide touches the superior hierarchical 8 Michel Virraly, „Sur un pont aux anes, les raport statue of the ius cogens norms from inter entre droit international et droits internes”, în national law. The consequence of this fact is Michel Virraly, Le droit international en devenir , the universal jurisdiction of the states and erga Paris, Presses Universitaires de France/ Graduate omnes obligation for aut dedere aut judicare Institute of International Studies, 1990, p. 129 (cited by J. Dugard,Van den Wyngaert and T. 130. Ongena in “Ne bis in idem Principle, Including 9 See Vera Gowland Debbas, Implementing the Issue of Amnesty”, in Rhys David Evans, Snctions Resolutions in Domestic Law , Amnesties, Pardons And Complementarity: Does Koninklijke, Netherland, 2004, p. 37. The International Criminal Court Have The 10 The international law is seen through two Tools To End Impunity , Nottingham University, contradictory concepts : 2002, p.8) The traditionalist view according to which the Generally, the universal jurisdiction is a con international law relates horizontally with; and troversial principle of the international law in The ius cogens perspective that is defined by which the states which feel to be victimised a vertical relationship; detain criminal jurisdiction concerning the sus The norms ius cogens tend to impress a pects of the grave crimes of international law hierarchical character in international law. In perpetrated outside of their borders indifferent Barcelona Traction Case the International of the perpetrators’ nationality , citizenship or Court of Justice (ICJ) stated that it is a residence or any relationship from these and the difference between the state obligations to the investigator authorities. The universal jurisdic international community as a whole ( jus cogens ) tion is based on the national jurisdictions, and those appeared in relation with another respective on the fact that those crimes are state in the diplomatic protection field (M. considered to be perpetrated against all human Ragazzi, The Concept of International Obli beings such as every state is authorized to gations Erga Omnes , Clarendon Press, Oxford, punish them. Therefore, the concept of the 1997, p. 43 72). universal jurisdiction is related with the man The consecration of the “constitutional” norms datory character of the ius cogens norms in called ius cogens (imperative norms) in the fringed and erga omnes obligation to punish international law, which implies the conformity these infringements. It remains to national judges of all norms with them seems to be conso the task to make the connection between the lidated by the Vienna Law Treaty Convention peremptory norms of the international law from 1969 that stipulates in art. 53: «A Treaty broken and the national law norms which is void if, at the time of its conclusion, it permit their investigation on the base of the conflicts with a peremptory norm of general active or passive jurisdiction or the universal international law. For the purposes of the jurisdiction. In the last case, the national law present Convention a peremptory norm of ge has to provide the possibility of their invest neral international law is a norm accepted and tigation according to the universality principle. recognized by the international community of 11 Also, United Kingdom adopted the sanction States as a whole as a norm from which no natory measures against Iraq before August, 6 th , derogation is permitted and which can be 1990, when the United Nations rendered reso modified only by a subsequent norm of general lution 661 against Iraq. Also, in France, the Iraq international law having the same character.» goods were frozen before elaborating SC reso (See A. Năstase, Bogdan Aurescu, Drept inter lution. naţional contemporan. Texte esenţiale , Regia 12 See the Ireland Suprem Court decision autonomă „Monitorul Oficial”, Bucure ti, p. Bosphorus Case in commentaries by Panos 154, 2000). Koutrakos , Trade, Foreign Policy and Defence
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BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... in EU Constitutional Law , Hart Publishing, The expression “supplementary” used by the 2001, p. 132 138. article 32 of the Vienna Convention does not 13 Case T 306/01, Ahmed Ali Yusuf and Al mean the alternative and autonomy means for Barakaat International Foundation v. Council treaties interpreting but only helpful means. of the European Union and Commission of the This article has been understood to give raise at European Communities available on http://eur three principles: the good faith principle follo lex.europa.eu/LexUriServ/LexUriServ.do?uri= wing from the „pacta sunt servanda” rule; the CELEX:62001A0306:EN:HTML. parties are presumed to have the intention re The commentaries around it relating with jus sulting from the usual understanding of their cogens norms in Larissa Van Den Herik, “The terms; the ordinarily understanding of these terms Security Council’s Targeted Sanctions Regimes: will not be determined abstractly but from the In Need of Better Protection of the Individual”, treaty context and in conformity with its object Leiden Journal of International Law , 20 (2007), tives or aims. p. 800 802. These three approaches concerning the treaties’ 14 The Security Council resolutions adopted interpretation do not exclude each others and according to article 24 from Charter have the the treaty theory encloses all of them. Some recomandatory value when they are related by times, one from them tends to achieve supre the atributions exercised by Council under Chapter macy upon a treaty particular aspect but that VI or VIII from Charter and a mandatory value not means they do exclude each others. when they are adopted under Chapter VII 19 Anthony A. D'Amato, International Law and (Raluca Miga Be teliu, Organizaţii Interna Political Reality , Martinus Nijhoff Publishers, ţionale Interguvernamentale , All Beck, 2000, 1995, p. 233 247. p. 187 189). But, in this article, we’ll study only 20 Elihu Lauterpacht, C. J. Greenwood, the binding resolutions. International Law Reports , Cambridge University 15 Magdalena M. .Martin Martinez, ational Press, 1979, p. 273 306. Sovereignty and International Organizations, 21 Elihu Lauterpacht, C.J. Greenwood, A.G. Martinus Nijhoff Publishers, 1996, p. 230. Oppenheimer, International Law Reports: V.107, 16 Erika De Wet, André Nollkaemper, Petra Cambridge University Press, 1998, p. 50 64. Dijkstra , “Review of the Security Council by 22 Ernest Kwasi Bankas, The State Immunity Member States”, Amsterdam Center for Inter Controversy in International Law: Private national Law, Intersentia , 2003, p. 69. Suits Against Sovereign States in Domestic 17 Gilbert Guillaume, „L’introduction et l’exé Courts , Springer, 2005, p. 144. cution dans les ordres juridiques des Etats des 23 The case content may be seen on http:/ resolutions du Conseil de Securite de Nation /www.icj cij.org/pcij/index.php?p1=9&p2 =4& Unis prises en vertu du Chapitre VII de la p3=3. Charte”, 50, Revue Internationale de Droit 24 Robert Yewdall Jennings, Vaughan Lowe, Comparé , 1998, 539 549. Malgosia Fitzmaurice, Fifty Years of the 18 The courts will approach the interpretation of International Court of Justice: Essays in the treaties from the three perspectives: the Honour of Sir Robert Jennings, Cambridge “parties’ intent” point of view, the textual view University Press, 1996, p. 328. or a teleological approaching. According to the 25 International Court of Justice , Case Con Vienna Convention (article 31) the treaties cerning Avena And Other Mexican Nationals have to be interpreted with good faith in con (Mexico V. United States of America) , United formity with the ordinarily understanding of ations Publications, 2005, p. 4 14. their terms from context and in the light of their 26 Sean D. Murphy, United States Practice in aims or objectives. The article 32 of the Vienna International Law, Cambridge University Press, Convention provides using the text expression 2006, p. 34. in a wider sense. In the regard of, we have take 27 Ibidem , p. 325 327. into account the preparatory work in treaty 28 Mary Ellen O’Connel, “The Prospects for en making process and other circumstances called forcing monetary judgements of the Inter “the supplementary means of interpretation”. national Court of Judgement: A Study of
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Nicaragua’s Judgement against United States”, this decision considering that it did not obtain Virginia Journal of International Law (1990), p. 15. the French society condemnation to reparations 29 Nandasiri Jasentuliyana, Perspectives on for the label imitation. The French society international law , Martinus Nijhoff Publishers, supported that its condemnation must be 1995, p. 287. rendered only in two months according to the 30 Chittharanjan Felix Amerasinghe , Jurisdic French law. The French society prevailed by tion of International Tribunals, Martinus the ICJ decision in Minquiers et des Ecrehous Nijhoff Publishers, 2002, p. 439 442. Case mentioning that the French and English 31 The Norway Government delimited through territories have the common borders and, in this its decree from July, 12 nd , 1935, the areas of case, it could not be possible to valorise a fisheries reserved exclusively to its ressor longer term in the favour of the private subjects tissants. The United Kingdom claims before belonging from the state which is not the International Court of Justice the non neighbouring to the France (possibility which is conformity of this kind of the borders’ esta conferred usually by the French law). Through blishment with the international law. ICJ re its decision ICJ stated that the territories of the jected the claim on the considerate that the Minquiers i Ecrehous islands being situated method used is not contrary to the international less that 6 miles from the French Coast and law. After that, before the Norway courts were under the English sovereignty mya be introduced two similar plaintiffs: two particu considered as neighbouring to the French lars, the first of English nationality and the territorial waters having the area of 3 miles by second of French nationality, were accused to Coast. The French Cassation Court rejects the fish in Norway waters and they were condem request on inadmissibility raised by the French ned at a financial penalty and also at the partial society in the light of the Minquiers et des confiscation of their cargo boat and equipment. Ecrehous Case justifying it on the fact that the The both declared recourse pretending, on the islands are placed outside of the English one hand, the impossibility to apply the territorial waters and their contiguity with the Norway order of its borders delimitation in French territories could not have the result to domestic law because this decree is contrary to institute the common border between these two the international law and, on the other hand, states. Hence, there is the possibility to examine they invoked the good faith principle. Res a term longer than 2 months for the English ponding, the Norway Supreme Court showed society, the recourse being declared admissible that, the decree conformity with the inter (Elihu Lauterpacht, C. Greenwood, Interna national law has been established by ICJ in tional Law Reports, Cambridge University Press, Fisheries Case (Pecheries) from 1951 (Hersch 1970, p. 425 426). Lauterpacht, C. J. Greenwood, International 33 Robert H. Jennings, „The Judicial Enfor Law Reports, Cambridge University Press, cement of International Obligations”, Zeitschrift 1957, p. 166 167). für ausländisches öffentliches Recht und 32 The French society Hanappier Peyrelongue Völkerrecht , Stuttgart, 1987, vol. 47, p. 10. used for its whisky labelling the labels which 34 Bendayan i Ettedgui, the nationals be resembled with those used by the London longing from United States living in Morocco society James Buchanan for its whisky battles, has been claimed before the French jurisdic such as it could appear confusion concerning tions from Casablanca for transporting the the origin of the product. As a consequence, the cheques with the infringement of the provisions London society claims damages in French concerning their declaration and authorisation. being rendered a decision in which, on the one It has been made references to the art. 102 of hand, has been interdicted the label imitation by the Act from April, 7 th, , 1906 but its enfor the French society and, on the other had, it has cement concerning the United States ressor been recognized that the French society action tissants had been confirmed by ICJ in the case means an unfaithful competition. The London Droits des ressortissants des Etats – Unis society introduced recourse in cassation against d’Amerique au Maroc. Bendayan challenges
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BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship... the jurisdiction of the Court from Morocco missible distinction made on the base of the because in the article 102 from the act national origin which violates the guarantee of aforementioned (Algesiras), the confiscation, the law equal protection according to the Fifth financial penalty and custom penalties must be Amendment”. On the contrary, .the Appeal applied for strangers by a consular jurisdiction. Court reformed the ordinary decision showing Therefore, the problem was if the Algesiras that in the immigration sector both the Council provision had applicability in the respective and the Executive may do differences on the lawsuit and if the French jurisdictions had the nationality base with the requirement that those competence to interpret this act. On the last, don’t be total unreasonable. As a consequence, The Court called that it was to the tribunals’ for establishing if the act is valid is necessary to competence to interpret the international con produce with the prejudicial title the proof of ventions or, in this case, the signification of the the illegitimacy of the Iran behaviour. Parti article 102 was clear concerning the custom cularly, for proving the illegitimacy of the go delinquencies. In this regard, the delinquencies vernment act was necessary to demonstrate the against the Morocco legislation perpetrated by illegal character of the Iran behaviour con two Americans in their trade escape from the cerning the United States. On this question, the provisions of Algesiras, art. 102. a sa con Appeal Court deemed that it not posses the sequence, the Cassation Court dismissed the power to judge recognizing the effectiveness of recourse claimed by Bendayan. In Algesiras the ICJ decision as “collateral estoppel” through interpretation, the Court took into account ICJ which it has been already stated that the illicit decision from the case Droits des ressortissants had been committed by Iran (Lawyers Co opera des Etats – Unis d’Amerique au Maroc (Nandasiri tive Publishing Company, United States Supreme Jasentuliyana, Perspectives on international law , Court, United States Supreme Court Reports, Martinus Nijhoff Publishers, 1995, p. 287). Lawyers Co operative Pub. Co, 1957, p. 815). 35 Peter R. Barnett, Res Judicata, Estoppel and 38 The case comported upon the two Foreign Judgments: The Preclusive Effects of apartments’ property occupied formally by an Foreign Judgments in Private International Iranian official having to establish by the others Law, Oxford University Press, 2001, p. 164. if is applicable in this case the Foreign Mission 36 See Rosalyn Higgins, Problems and Process: Act. The defender Central Corporation affir International Law and How We Use It, Oxford med that the both apartments cannot be seen as University Press, 1994, p. 208: ICJ condemned the diplomatic mission residences because that Iran that “was fully conscious by its oblige means the continuity of the treaty for friendly tions… has had all necessary means to fulfil its relationship between Iran and US from 1980. obligations ; (but) it failed to fulfil these obligations”. On the contrary, the American Appeal Court 37 The lawsuit appeared as a consequence of established that, in conformity with ICJ de civil action started against the measure taken by cision the treaty remained enforceable during INS (Immigration and Naturalization Service) even the crises concerning the American diplo at the General Attorney Order. It has been matic staff capture (Khan Rahmatullah, showed that the respective order had been Rahmatullah Khan, The Iran United States adopted to the illegitimate seizure of the US Claims Tribunal: Controversies, Cases, and embassy from Iran and as a consequence of ta Contribution, BRILL, p. 15, 1990). king the American diplomatic stuff as hos 39 This lawsuit relates with a civil action tages and it imposed upon the Iranians students intended by an American society against Iran who were frequenting US faculties the obli for the contract non execution. While the gation to give to the INS office the dates con action starting Iran asked the suspension of the cerning their residents and or non emigrants procedure Judicial Panel on Multidistrict Liti statute. The students who did not furnish these gation because „as a consequence of the Pre dates or furnished the false dates risked to be sident order banning the free circulation bet expatriated. The Court of Colombia District ween US and Iran, the lawyer is impeded to which was call to statue upon this act annul obtain the factual information necessary to ment decided that it is illegitimate “the imper make an adequate defence”. The claim was
33 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cristina Pigui dismissed considering that the President Order but, the District Japanese Court rejects the was rendered as a consequence of taking hos claim using the ICJ decision rendered upon the tages in American embassy and the Iran illicit case substance for demonstrating licit character behaviour had been already established by ICJ of Iran nationalization law. (Noyes E. Leech, (the case is exposed largely on the http:// Covey T. Oliver, Joseph M. Sweeney , Cases 209.85.135.104/search?q=cache:myk8ldpmlQc and Materials on the International Legal J:bulk.resource.org/courts.gov/c/F2/877/877.F2 System , 1973, Foundation Press, p. 451). d.793.88 1657.html+National+Airmotive+v.+ 43 In this decision, the Rome Tribunal men Iran&hl=ro&ct=clnk&cd=4&gl=ro). tioned that, though ICJ did not refer explicitly 40 On 1951, Iranian Government approved a to the licit character of the contract settled law which nationalized the refinery of the between Iran and the Anglo Iranian Oil Com Anglo Iranian Oil Company that, such is well pany, yet this court decision stated that the con known, had concessions of oil extraction and its vention from April, 29, 1933 „is only a con trading in Iran. That raised a conflict between cession contract between Govern and a foreign Iran and society, in virtue to that the state from private society” (Fulvio Maria Palombino, “Juris which the society belonged seized ICJ in dictions Internationales: Les Arrets de la Cour conformity with the right of diplomatic protect Internationale de Justice Devant le Juge Interne”, tion for obtaining a decision which attests that Annuaire Francais de Droit International , LI the law of nationalization is contrary to the 2005 CNRS Editions, Paris, p. 137 138). international law. Iran, on the other part, raises 44 International Court of Justice , LaGrand Case the preliminary exception of the Court juris (Germany v. United States of America), diction contesting the English Government affir International Court of Justice, 1999. mations according to those the treaty settled in 45 Professor Raluca Miga Be teliu showed that 1933 between Iranian Government and society art. 31 such as it appears in the redaction of the may be consider as being either a leasing treaty ILC Project from 2001, permits two interpret or an inter states’ agreement. The Court, after tations: it permits to be admitted the existence rendering the order of the conservatory measures of the illicit international facts which do not favouring United Kingdom, received the preli produce a damage quantifiable material or mo minary exception raised by Iran without sol ral, case in which the establishment of the state ving the conformity of the nationalization law responsibility implies the cessation of its illicit with the international law. (Bimal N. Patel, behaviour and the fulfilment of the obligation Shabtai Rosenne, The World Court Reference infringed or it means that the prejudice affect Guide: Judgments, Advisory Opinions and the entirely legal order (the legal or juridical Orders of the Permanent Court of International prejudice). The ILC Commentaries prefer to Justiceand the International Court of Justice make references only to the main obligation (1922 2000) , Martinus Nijhoff Publishers, 2002, content without clarifying this aspect (Raluca p. 259 265). Miga Be teliu, „Dreptul Răspunderii Interna 41 The claim was introduced by the Anglo ţionale a Statelor. Codificare i Dezvoltare Iranian company against a Swiss customer Prograsivă în viziunea Comisiei de Drept Inter concerning the 700 tones of the nationalized naţional a ONU”, Revista Română de Drept oil. Or, the Supreme Court of Aida Colony, Internaţional , CH Beck, 2/2006, p. 4 5). seized with this claim, calls the conservatory 46 Academie de Droit International de la Haye , measures taking by ICJ for rejecting the good Recueil Des Cours, Collected Courses, Volume faith invoked by the Swiss customer (Noyes E. 207 (1987 VII), Martinus Nijhoff Publishers, Leech, Covey T. Oliver, Joseph M. Sweeney, 1996, p. 211 213. Cases and Materials on the International Legal 47 For the sanction evolution, especially in the System , Foundation Press, 1973, p. 444). field of terrorism, see also Marian Mihăilă, 42 The same company as in the precedent case „Cooperarea internaţională în domeniul contra introduced a similar action in Japan against the carării terorismului”, International Law otebooks , company Idemitsu Kosan Kabushiki Kaisha, nr. 17 (4/2007), p. 7 19.
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BUILDING THE INTERNATIONAL COMMUNITY National and International Law Relationship...
48 Panos Koutrakos Trade, Foreign Policy and cata în apel poate fi regăsită integral pe http: Defence in EU Constitutional Law, Hart Pu //www.justice.org.uk/images/pdfs/Al%20Jedda blishing, Oxford Portland, 2001, p. 146 149. %20Intervener%20Submissions%20jan06.pdf 49 Vera Gowlland Debbas, Djacoba Liva 52 See also Claudio Saporetti, „Pentru un viitor Tehindrazanarivelo, ational implementation of al trecutului irakian”, International Law ote United ations sanctions: a comparative study, books , nr. 17 (4/2007), p. 19 22. Martinus Nijhoff Publishers, 2004, p. 60. 53 The case is available on http://www.hrc. 50 Nikolaos Lavranos, Legal Interaction Between ba/database/decisions/CH02 8679%20BOU Decisions Of International Organizations And Eu DE LLAA%20et%20al.%20Admissibility%20 ropean Law, Europa Law Publishing, 2004, p. 172. and%20Merits%20E.pdf 51 The ordinary judgement is available on 54 Rudolf Bernhardt, „Article 103”, in Bruno http://www.liberty human rights.org.uk/publi Simma, The Charter of the United ations. A cations/pdfs/al jedda intervention.pdf , iar jude Commentary , edition 2, vol. II, Oxford, 2002, p. 1292 1302.
35 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION : BUILDING THE INTERNATIONAL COMMUNITY
GATT – Mon amour (pages of an unwritten book)
Constantin FOTA
Abstract : 60 years of GATT A good occasion to review its major contribution in the expansion of international trade, in economic development. The study is structured in three directions: GATT – WTO and trade liberalization; GATT – WTO and economic development; GATT – WTO and regional economic groupings. The final part is dedicated to the problems of new international economic governance in a knowledge based society. Keywords : Bretton Woods, GATT, rounds of negotiations, most favored nations treatment, custom union, E.U., free trade area, N.A.F.T.A., U.N.C.T.A.D., G.S.P., regionalism, tripolarisation, globalization, New liberal institutionalism, New medievalism, Inter governmentalism.
April 1944, Isalnita, Dolj, Romania deafening and scary airplanes coming back from bombardment to Bucharest or Ploiesti. wasn’t nine years old yet. It was the Smaller escort airplanes were flying around third day of Easter when I, my parents them at great speed. From the entire crowd I and my four year old sister went to our we saw one falling fast. It was attacked imme godparent’s house bearing gifts: 30 Easter diately by Stukas German hunting planes eggs, dyed with onion skins, 3 large egg which seem to have appeared out of the blue washed loaves of bread, sausages and ham, as well. Everything seemed like a dream. 2 round and golden cakes baked in special The falling bombardier went towards Folea pans, 1 litre of Tesco wine, a demijohn of Hill crashing its eight engines into the red wine, all home made by my father steep slope. Before the impact, there were from our vines on the Folea Hill and several parachutes flying in the sky. Where obviously a living hen, one of the largest in the impact took place, the water literally our back yard. My godmother had prepa sprang out of the earth. The plane’s alu red chicken soup soured with myrobalams, minum body spread around the large area and hen steak fried in lard in a cooper pan. of the hill. All of the villagers came and After eating, I, my sister and my three took bits and pieces from the plane, no one cousins – Leana, Mita and Gheorghita – leaving the place of the impact empty han godparent’s daughters, went out to play. It ded. My father and I took home an alumi was hot and the sky was blue. Then, out of num plate out of which a gypsy made my nowhere, we saw American airplanes flying first hair comb which became my lucky above our village. There were tens of massive, charm. The American pilots were friendly
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BUILDING THE INTERNATIONAL COMMUNITY GATT – Mon amour captured and transported by the Romanian beginning, GATT, with the I.M.F. and soldiers to Craiova town where they were I.B.R.D., had a crucial role in the world eco very well treated. Long waited Americans nomic development through the liberali are in Romania! zation of the trade of goods and services along until 1994 when W.T.O. was founded. July 1944, Bretton Woods, ew In the 60 years (1947 2007) of GATT Hampshire, United States of – W.T.O. activity, international trade was America and will still be governed by fundamental The 44 allied countries which were principles and long term norms of rela already known to have won World War II tionships between countries like the most met for the United Nations Monetary and favoured nation treatment and non – dis Financial Conference to create a new post crimination, using tariffs as the major war economic environment and rebuild the economic instrument for protection of the international economic system. They have national economy along with the complete decided to create the International Mone elimination of quantitative restrictions as tary Fund (I.M.F.) for monetary relations, the administrative instrument. Is also com The International Bank for Reconstruction piled the periodic international commercial and Development (I.B.R.D.) for loans to negotiation rounds with the purpose of reci finance reconstruction and economic deve procal reductions in tariffs, the prohibition lopment and and the World Trade Orga and sanction of dumping and subventions nization (W.T.O.) for commercial relations for export and finally, preferential treat among countries. Romania was not invited ment for developing countries. to the conference being the enemy and also During this period, eight negotiation considered defeated even though on August rounds were conducted, the most impor 23, 1944 turned its weapons against Germany. tant being the Kennedy Round (1964 In 1947 the I.M.F. and I.B.R.D. were 1967), Tokyo Round (1973 1979) and the founded, the two great pylons of interna Uruguay Round (1986 1994), during the tional economy. The status of the third ne latter being decided the founding of the cessary pylon was not approved by Ame WTO. As a result, the average level of rican Congress, its place being taken by the tariffs in international trade fell substan General Agreement of Tariffs and Trade tially from 20 30% in 1947 to less than 4% (GATT) which incorporated the principles today. At the same time, the quantitative and mechanisms of international comer restrictions were eliminated from interna cial negotiation found in the Havana Charta. tional trade, their use being only permitted Even though it did not have the status of in exceptional situations approved by GATT. an international organization from the very
GATT – WTO egotiation Rounds
Time period of ame participating Objectives Result countries Geneva 1947, Reduction in taxes Concessions in 15,000 tariff 23 countries product by product positions Annecy 1949, Reduction in taxes 5000 tariff concessions and 9 new 33 countries product by product participating countries
37 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Constantin Fota
Torquay 1950, Reduction in taxes 8700 tariff concessions and 4 new 34 countries product by product participating countries Geneva 1956, Reduction in taxes Modest reductions 22 countries product by product Dillon 1960 1961, Reduction in taxes Change in 4400 concessions Round 45 countries product by product Linear reduction in taxes, Reduction in taxes of 35%, 33,000 Kennedy 1963 1967, non tariff measures of tax concessions, customs Round 48 countries evaluation and antidumping agreement Linear reduction in Reduction by 1/3 in taxes to 6% Tokyo 1973 1979, taxes with exceptions, from the developed countries Round 99 countries non tariff measures imports, conduit codes for all non tariff measures Linear and product by Reduction by 1/3 in taxes. Rules Uruguay 1986 1994, product reduction in for agriculture and textiles. Round 47 countries taxes, non tariff Creation of the WTO , new measures for services agreements for services (related intellectual property, investments) Linear and product by Doha 2001 , product reduction in Round 150 countries taxes, non tariff measures Still developing for services and the environment Reference : WTO: World Trade Report , 2007, p. 198.
As a result, international trade recor their home countries’ borders reached 300 ded a considerable growth, reaching $ million. 14,472 billion ($11,762 billion in exports In these 60 years, the international of goods and $2,710 billion in exports of trade volume grew significantly faster than services) compared to $60 billion in 1948. the average GDP. Thus, the average exports In order to better understand this number, growth rate between 1950 and 2005 was we recall that Romania’s exports in 2006 approximately 6.2% and the GDP growth reached around $25 billion. Foreign inves rate was 3.8%. The Exports/GDP ratio which tments, the second most important econo indicates the degree of openness of an eco mic flow reached in 2006 $1230 billion nomy and the intensification of the globa and the number of people working outside lization phenomenon also grew significantly.
Export of goods/GDP ratio (%)
1950 2005 Globally 5.5 20.5 Canada 19.3 39.7 USA 4.9 10.2 Brazil 3.9 8.9 Mexico 3.0 12.3 France 7.6 27.6 Germany 5.0 51.1
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BUILDING THE INTERNATIONAL COMMUNITY GATT – Mon amour
England 11.3 19.3 Italy 3.5 28.8 China 2.6 10.7 India 2.5 3.7 Japan 2.2 15.7 Reference : Maddison (2001), L’economie mondiale: une perspective millienaire . WTO: World Trade Report (2007), p.244.
Obviously, the most powerful coun improvement which led to the transition of tries in the world record the largest volume human kind from the industrial age to the of exports imports of goods and services. knowledge based society. An increasingly Taking into consideration the exports and bigger contribution has the expansion of the import of goods only, the largest comer transnational corporations which enforces cial countries are: USA – $2,957 billion, the phenomenon of globalization. However, Germany – $2,022 billion, China – $1,761 the constant liberalization obtained by GATT billion, Japan – $1,225 billion, England – as a result of perseverance was crucial to $1,044 billion, France – 1,023 billion. Re the development of international trade. markable, on the one hand, is China’s ex The evolution of international trade pansion in international trade which be which beneficially reached GATT’s objective came the third big commercial power after – minimum levels of unemployment the European Union as an entity and the through economic development – confirmed United States and, on the other hand, is the the validity of the classical, neoclassical, relatively low status of Russia ($496 billion). modern and contemporary free trade eco Regarding the Exports/GDP ratio, the nomic models beginning with the ones best performing countries are the small based on absolute and comparative advan and medium ones: Belgium – 112.6%, The tage (A. Smith, D. Ricardo), continuing with Netherlands – 77.7%, Austria – 64.8%, those concerning the relative abundance of Switzerland – 59.3%, Norway – 55.6%, and resources (E. Hecksher, B. Ohlin) or mobile Finland – 51.9%. For the sake of compa factor (P. Samuleson, R. Johnes) and, ob rison, Romania’s Exports/GDP ratio is viously, not finishing with standard terms only 20%. of trade (P. Krugman, M. Obstfeld) or The dynamism of international trade is competitive advantage (M. Porter) models. strongly related to the relatively pacific en All these models encourage international vironment in the world after WWII, re trade and see it as a factor of economic inforced by the fall of the Berlin wall, growth, its role being directly related to its whose existence was strongly related to degree of freedom. All countries benefit NATO and the vertical and horizontal con from it, some more than others. It became solidation of the European Union. In its more and more obvious that from the se turn, international trade strengthened the paration of the producer (protectionism) trust regarding collaboration between coun and the consumer (free trade) the winners tries. Interrelationships and symbiosis between is population who has more possibilities to trade reciprocal advantage and good un exercise the freedom to choose the best derstandding have been the foundation of qualitative products at the best price re the longest period of peace globally. gardless their origin. In this case, the pro Economically speaking, the main factor ducers’ challenge is to offer the market both. was and continues to be technological
39 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Constantin Fota
April June 1964, Geneva, riod, Gheorghe Maurer made a shocking Switzerland, Palace of ations statement: “If we get something, we go to It was a crossroad time for GATT’s Geneva as a developing country, but you and the world’s evolution. The United Nations will never convince me we are not a de Conference for Trade and Development was veloped country.” In order to be recog institutionalized as an international organiza nized as a developing country, Romania tion with the purpose of formulating claims adhered later to the Latin American sub against developed countries. It has also group and along with this to the Group of been debated the idea of replacing GATT, “the 77.” which did not have the status of universal Making Romania’s status as a deve organization with UNCTAD as an inter loping country official represented a key national organization. moment in the country’s evolution in the The conference debates were conduc international environment, benefiting from ted in accordance with the report elabora a special treatment compared to the other ted by the First Secretary of UNCTAD, socialist countries. Economically, Romania the Argentinean Raul Prebish. The report was included in the countries that bene in its essence was meant to direct all measures fited from the Generalized System of Pre towards the idea of “economic development ferences offered by developed to develop through trade” approved by the developed ping countries having a result of hundreds countries compared to the idea of “finan of millions of dollars on Romanian exports cial aid for development” initially promo to Western Europe, North America, Japan, ted by the developing countries. Australia and New Zealand. At the same During the preparation of Romania’s time, Romania became a member of the participation at UNCTAD in 1964, a group Protocol of “the 16” and the Global System of researchers from the Chamber of Commerce of Trade Preferences which had more than under the conciliation of Professor Titus 40 developing countries with the purpose Cristuveanu and Alexandru Zamfir, both of the development of reciprocal trade. doctors in economics in famous British and Gradually, Romania started to become one American universities and with tacit appro of the leaders among developing countries. val by Professor Mircea Malita, deputy Encouraged by the success they faced minister of Foreign Affairs at that time, in UNCTAD, the ones involved engaged elaborated a study regarding Romania’s in new international openings. Professor status in the following debates, as a deve Alexandru Zamfir, along with the resear loped country – donor of financial aid and chers, passed “the border” between GATT commercial preferences or as a developing and the UN headquarters in Geneva esta country – beneficiary of such advantages. blishing the first contacts with GATT. The From the study regarding the level of event was published in the international economic development compared to deve publications as sensational news. loped and developing countries, it was Important events followed: Romania’s obvious that Romania was not a developed adherence to GATT based on a specific country, but a developing one. project developed by a Romanian fellow at The act of making public Romania’s the GATT Course of commercial policy status as a developing country contrary to which was distributed to all member coun that officially proclaimed as developed tries as study document, the adherence to country must be approved by political the I.M.F. and the I.B.R.D., the signing of leadership. The prime minister of that pe the first Romanian American commercial 40 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY GATT – Mon amour agreement which stipulated the reciprocal More than that, it was “discovered” that extension of the most favoured treatment, GATT also had to deal with a “Fourth the conclusion of “technical” protocols on Part” to developing countries, including product groups and of a general accord the idea of not asking from their part con with the European community. All of these cessions like those offered by the deve evolutions materialized in larger amounts loped countries. This led to the foundation of exports because of the lowest possible of the Generalized System of Preferences. tax rates negotiated with GATT and of The conclusion was that the two organiza preferences, stand by credits from the IMF tions, GATT and UNCTAD, are far from and loans from the IBRD with reasonable being rivals, but, they could and should interest, better conditions of access for cooperate being complementary. In this agricultural products, textiles in European spirit, the International Trade Center as the markets and others. common ground between GATT and These beneficial evolutions were bru UNCTAD was set up. Finally, the two or tally interrupted by the sharp political de ganisms better defined their roles: GATT – cisions of that time – foreign economic organism dealing with contractual arrange advises being considered as interference in ments, negotiation and regulation in inter internal affairs – like the advanced payment national trade; UNCTAD – organism dealing of the foreign debt by forcing exports to with study, debate, solutions and recommen the maximum and reducing imports to the dations regarding economic development. minimum, ending the relationships with As a result, the majority of the world’s the IMF, unilateral giving up the most countries are members of GATT/WTO, favoured nation treatment with the US, all the conflict being annihilated. with severe consequences on the standard of living of the population. This was follo 1957, Rome, Italy wed by a period of semi isolation which The Treaty regarding the foundation reached the peak when President Mitterand of a Customs Union by the 6 countries that refused to make a programmed visit Ro constituted the European Coal and Steel mania. It was the beginning of the end of Community was signed. Ten years after the autocratic regime. GATT had been established, the article As told above, the institutionalization XXIV regarding the derogation of custom of UNCTAD as an international organiza unions and free trade areas from most tion generated a rivalry between GATT favoured nations treatment (article I) be and UNCTAD. Some people even assu came significant in practice. med the termination of GATT. The essence I haven’t found an answer yet to the of the conflict was based on the two differ question concerning the implementation of rent ideologies supported by the two orga this derogatory article which constituted nizations: the market economy encouraged over the years the juridical basis of around by GATT and the centrally planed eco 100 different preferential arrangements sig nomy which the socialist countries tried to nificantly eroding the principle of the most expand to the developing countries in the favoured nation treatment. To cover at that date frame of UNCTAD. Gradually, the deve the existence of a customs union between loping countries chose the path of market Belgium, the Netherlands and Luxembourg? economy. They recognize the different Or, better yet, the negotiators of GATT’s functions for the two organizations: GATT status deliberately created the possibility of – contract and UNCTAD – recommendation. the appearance of such an alliance in order
41 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Constantin Fota to materialize the illuminist vision of the also because of the volatility of the insti “United States of Europe” as a solution to tutional, especially juridical system in the eliminate wars in Europe and around the battle with the low and high scale corruption. world. I think both articles I and XXIV re The adherence to the customs union, which presented an historic compromise with con was preceded by a period of free trade sequences difficult to determine between agreement, resulted in divergent effects in the American (multilateralism) and European the long integration process to the EU: on (regionalism) visions. Was it beneficial? Only the one hand, a significantly higher pre time can tell. As European citizens we could sence of foreign investors in Romania, which say YES, as long as Europe is not on the had positive consequences on production, same competitive keel with the US. As ci especially in services and exports; on the tizens of the world we could say NO be other hand, massive emigration of the work cause it divided the world into economic force, generating a crisis of skilled labour groupings. in many sectors and a substantial increase The most spectacular evolution both in the level of imports leading to a dan vertically and horizontally of a customs gerous current account deficit. Generally, union is European Union: from the Euro Romanian citizens that suddenly became pean Coal and Steel Community (1951 – also European citizens are far from psycho Treaty of Paris) to European Economic logically overcoming the dichotomy between Community (1957 – Treaty of Rome) to the the East and the West, between Latin origin Common Market (1986 – Single European and Orthodoxies. Act) to the Economic and Monetary Union A significant evolution was, also, en (1992 – Treaty of Maastricht) and to the countered by the North American Free Trade European Union as a juridical entity (2007 Agreement (NAFTA) with the three big – Treaty of Lisbon). The number of member members: USA, Canada and Mexico as a countries increased from 6 (France, Germany, second economic pole. This area was esta Italy, the Netherlands, Belgium, Luxembourg) blished in response to the evolution of the to 9 (+England, Denmark, Northern Ireland) European Union. An extra reason for NAFTA to 12 (+Spain, Portugal, Greece) to 15 (+ could be its expansion towards the south, Austria, Sweden, Finland), to 25(+ Poland, which could be tempting, but difficult to Hungary, The Czech Republic, Slovakia, obtain mainly because of some Latin Slovenia, Estonia, Lithuania, Latvia, Cyprus, American countries which, along with Cuba, Malta) to 27 (+Romania and Bulgaria) are anti USA. with the possibility of reaching more than Considered the missing pole of a tri 30 in the coming period (+Croatia, Albania, polarized world, the Asian pole took the form Serbia, other countries that were part of of an alliance of different countries from former Yugoslavia, and maybe Turkey). It different areas: Asia (Japan, China, India has not yet been created the United States etc), New Zealand, Australia, the USA, of Europe because the tentative Constitu Canada, the EU which formed the Asia tion was rejected by France, but the long Pacific Economic Cooperation (APEC). term path is towards it. With the heterogeneous not only geogra Romania adhered to the European Union phic composition, APEC does not have the in its last phase of extension to the east in possibility of becoming the third economic January 2007 because of its slow pace in pole in the world. It is neither a customs getting through all the necessary steps to union nor a free trade area. Consequently, become a functional market economy but the idea of an economic tri polarization 42 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY GATT – Mon amour does not have a strong foundation and neither rules concerning investments, the environ does the idea of bi polarization (EU NAFTA). ment, and work standards. Negotiations concerning agriculture continue to be pro December 2004, Geneva, blematic. Despite all these, the Doha Round Switzerland is expected to end with a further step to The Uruguay Round was finally over, ward the liberalization of international trade after 8 years of negotiation. It was con benefiting all countries. sidered the most important round as a result of its findings. Tariffs for industrial April 2008, Craiova, Romania products were lowered further by 1/3 It is the Saturday before Easter. I went reaching the average level of 3.5%. After to the market for some last minute difficult negotiations between the USA shopping and I met my cousin Gheorghita. and the EU, the subsidies for agricultural She was selling radishes, green onions, products were “tariffed” and reduced by garlic, and vegetables. I remembered how 25%. With respect to the service sector we used to go to their house to celebrate which counts for more than 25% of inter Easter. Meanwhile, my godparents died, national trade, special measures were taken my parents died as well. Their children are under the General Agreement on Tariffs all alive: me, my sister, and my three cousins. and Services (GATS). Also, new rules and We did not celebrate the way we used to mechanisms concerning intellectual property when my godparents were alive, but I still and patents were negotiated under Trade sent my cousins gifts. I bought them each Related Aspects of Intellectual Property Heidi chocolate, Jacobs coffee, smocked Rights (TRIPS) agreement. meat, pineapple and Heineken beer. The most important achievement of Offering the gifts to Gheorghita, I asked the Uruguay Round was considered the her whether she remember the year 1944, founding of the World Trade Organization the American airplane that crashed on which incorporated GATT, GATS, and Folea Hill. She said she didn’t remember TRIPS as permanent negotiation, conci anything and she burst into tears. She is 84 liation forum with respect to international and her everyday life is a continual work trade. There are 150 participating countries. in the garden: to dig, to seed, to weed, to WTO planed on organizing another trim, to wet hook, to pick, to bundle. She round, “The Millennium Round”. President also sells products in the local market: 8 Clinton, following President Kennedy tried radishes for 1 leu, 3 bunches of onions for to launch the new round in 2000 in Seattle 1 leu, 5 bunches of dill and parsley for 1 but it was unsuccessful because of the anti leu... (3,5 leu / €) globalization manifestations. After other Time passed by so fast. It’s been 65 failed tries, the Millennium Round was years since the arrival of the Americans in launched in 2001 in Doha. Folea Hill, from the Bretton Woods Con The round is still developing having a ference and since the end on the last (?) broader range of domains being debated: world war; 60 years from the founding of further reduction in taxes and tariffs for GATT, IBRD, and the IMF; over 50 years industrial products, further reduction of the since the signing of the Treaty of Rome; level of subsidies for agriculture, reduction almost 20 years since the fall of the Berlin and elimination of barriers to trade of ser Wall and the Romanian Revolution; 1 year, vices, implementation of new norms con 4 months and 2 weeks since Romania cerning intellectual property rights, new became a member of the European Union.
43 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Constantin Fota
So many things have changed in the the power of the market and on the mo world during this “short” period of time. dernization of the actual pylons of interna The globe’s population grew from 4 to 5 to tional economics (GATT/WTO, IMF, and over 6 billion people. From 60 to 2,000 to IBRD), including by elimination of democratic 15,000 billion dollars the world exports; deficit (for instance the relatively recent from $4 to $12 to $150 (?) per petroleum evolution of GATT/WTO). The second di barrel; from $35 to $45 to $1000 per fine rection, the vaguer, called “The New Me ounce of gold; from 4 DM/$ to 2 DM/$ to dievalism” is based on the idea of self go .85 euro/$. From the lamp to the transistor vernance (Kosovo?) and an increased role to the chip. From home telephone to cell of the international non governmental orga phone to Internet. From Earth to the Moon nizations. Finally, the third direction called to Mars. From industrial world to consum “Inter governmentalism” which focuses on ption world to the knowledge based world. the function of the state and the relation From absolute and comparative advantage ships with resort ministers from all over the to competitive advantage to strategic trade. world (like agricultural ministers in EU?). From Ike to John to Bill and George W; Undoubtedly, each of these possible from Joseph to Nikita, to Vladimir and Dimitri; directions needs a much higher degree of from Konrad to Ludwig to Helmuth and debate. On the other hand, the adoption of Angela; from Charles to Francois to Jacques one or the other direction depends on the and Nicolas; from Winston to Margaret to countries and their interests. Whatever the Tony and Gordon; from Ghita, to Nicu to solution, the role of GATT will remain vital Nelu and Traian. From hot war to cold war representing by WTO a new product in the to 9/11. From 6 to 15 to 27 members of the new international economic environment. EU. From 23 to 50 to over 150 members of GATT/WTO. From economic nationa Bonne anniversaire GATT, lism to bilateralism to multilateralism and Long live WTO! globalization. From the American pilots on Folea Hill to the adherence of Romania to NATO and the EU to Ford in Craiova with References : 300.000 units per year. 1. C. Fota, Economie Internaţională, We are probably on the time threshold Ed. Universitaria, Craiova, 2008. towards a new world, a much more inte 2. C. Fota, Integrarea României în U.E., grated, globalise world. A world that beco Ed. Universitaria, Craiova, 2008. mes more and more conscious of the need 3. WTO: World Trade Report , Geneva, of durable development and viable econo 2007. my, a world where no country and no 4. P. Krugman, M. Obstfeld, International person will hope to have a good life while Economics , Harper Colings Publisher other have a bad life. Inc., New York, 2006. Economists and other researchers that 5. R. Gilpin, Global Political Economy. exclude the idea of bi polarization or tri ew International Economic Order , polarization assume the risk of designing a Princeton University Press, 2001. new system of world governance adjusted to the new conditions and challenges. In current discussions, three directions are mentioned. The first one called “The New Liberal Institutionalism” which focuses on 44 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
COOPERATION AND INTEGRATION : BUILDING THE INTERNATIONAL COMMUNITY
European Union's Common Agricultural Policy: Evolution, Objectives, Challenges and Future Perspectives
Cezar AVRAM , Roxana RADU
Abstract : This article aims at analyzing the evolution, objectives, challenges and future perspectives of the European Union’s Common Agricultural Policy (CAP). On 27 th ovember 2007 the European Union began to re examine the Common Agricultural Policy (CAP). The objective of the reform is to adapt the CAP to the challenges of the world market which have led to the increase in the demand of cereals, milk and derivative products. Within this context, the European Commission has announced its project on the process of simplification and modernization of the European Union’s Common Agricultural Policy (CAP). The document is styled Health Check of the CAP. Keywords : agriculture, policy, reform, public health, rural development.
U agricultural policy is a constantly teed prices for their produce, protected evolving policy. In the earliest days them against competition from imported Eof the European Community, 57 products and subsidized exports. It also had years ago, the emphasis was on providing the beneficial effect of strongly boosting agri enough food for a Europe emerging from a cultural production and giving the Commu decade of war induced shortages, subsidi nity self sufficiency as regards food. With zing production on a large scale and buy time, however, disadvantages became appa ing up surpluses in the interests of food rent because guaranteed prices led to over security. In present times, the focus of EU production, subsidized exports and the agricultural policy is to get food producers accumulation of stocks financed by the (of all forms of food from crops and live Community budget 1. This situation bene stock to fruit and vegetables, or wine) to be fited, above all, bigger farms, while farm able to stand on their own feet on EU and incomes remained, on average, lower than world markets. in other sectors. In the beginning, the common agricul Agriculture represents a sensitive sector tural policy (CAP) was based on three to which public authorities gave a special principles: a single market, Community attention in all countries for social and preference and financial solidarity between electoral reasons. Therefore, since the be the Member States of the Community. ginning of 50's, a European arrangement This framework offered farmers guaran of goods was planned but this project was
45 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cezar Avram, Roxana Radu not accomplished because of interest diver within specified limits defined in the light gences. The perspectives of developing a of regional factors and the age of the per Common Market resumed this debate sons concerned) 4. The aim of the Plan was coming to the decision that this field of to encourage nearly five million farmers to activity should be the subject of the Treaty give up farming. That would make it possible of Rome of March 1957. There have been to redistribute their land and increase the established five essential objectives for size of the remaining family farms. Farms Common Agricultural Policy (CAP): im were considered viable if they could guaran proving productivity in the agricultural sec tee for their owners an average annual in tor; ensuring a reasonable standard of li come comparable to that of all the other ving for the producers; stabilizing foreign workers in the region. In addition to voca exchange by supplying agricultural pro tional training measures, Mansholt also ducts for domestic consumption from do provided for welfare programmes to cover mestic sources rather than imports; ensu retraining and early retirement. Finally, he ring the security of supply; stabilizing pri called on the Member States to limit direct ces at levels reasonable for the consumer 2. aid to unprofitable farms. The content of the Treaty of Rome The reaction of the agricultural commu gave only the general direction to be nity was too aggressive so that Sicco Mansholt followed in this field, the Commission was soon forced to reduce the scope of some having the function to submit to the of his proposals. Ultimately, the Mansholt Council proposals regarding the markets Plan was reduced to just three European common organization on the basis of the directives which, in 1972, concerned the work of a member states' Conference. It led modernization of agricultural holdings, the to the Stressa (Italy) Reunion of July 1958 abandonment of farming and the training where the principal directions were set 3. In of farmers. The three directives issued in January 1962, a team of experts conducted April 1972 by the Council are: Directive by Sico Mansholt (ex minister of Dutch no. 72/159 which allowed member nations agriculture) laid the foundations of PAC to support their farmers' modernization after long and difficult negotiations. The through grants or subsidized interest rates Mansholt Plan proposed an ensemble of on the condition that these farms were measures that basically represented the capable of generating income levels com guidance aspects of the CAP: a first set of parable with those of other local occupa measures concerned the structure of the agri tions; Directive no. 72/160 which per cultural production, aiming to bring about mitted member states to extend lump sum an appropriate reduction in the number of payments or annuities to farm workers aged persons employed in the agricultural sector between 55 and 65 years to lure them into and to create agricultural enterprises (farms) leaving the industry; Directive no. 72/161 of adequate economic dimensions; a se that aimed at encouraging member states cond group of measures were concentra to establish socio economic guidance ser ted upon markets, with the double purpose vices to entice farm workers to retrain and of improving the way they worked and of relocate. The precise method of implemen adjusting supply more closely to demand; tation of these directives was left to the the last set of measures were meant for discretion of national governments. providing personal assistance to farmers The 1980s was the decade that saw which were unable to benefit from these the first true reforms of the CAP, measures (this assistance should be payable foreshadowing further development from 46 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY European Union’s Common Agricultural Policy. Evolution, Objectives, Challenges and Future Perspectives
1991 onwards. In 1991, the MacSharry re act with a view to orientating the de forms (named after the European Commissioner velopment and modernization of the struc for agriculture, Ray MacSharry) were tures, but also to regulating markets and created to limit rising production, while at ensuring incomes to the farmers, CAP took the same time adjusting to the trend toward inspiration from practices and models of a more free agricultural market. The re organization available in France and Holland forms reduced levels of support by 29% and replaced national mechanisms with a for cereals and 15% for beef. They also community device. created “set aside” payments to withdraw The adopted system was based on a land from production, payments to limit series of principles 7: stocking levels, and introduced measures a. free movement of agricultural goods; by to encourage retirement and forestation. removing customs taxes and subventions Since the MacSharry reforms, cereal prices and progressively adopting administra have been closer to the equilibrium level, tive, sanitary and veterinary norms, a there is greater transparency in costs of unique space was created; agricultural support and the “de coupling” b. a common organization of market which of income support from production support substituted for national systems; the price has begun. However, the administrative for each product is only one and sur complexity involved invites fraud, and the passes world price (in order to ensure a associated problems of the CAP are far reasonable income for the producer) from being corrected. It is worth noting inside the EEC; that one of the factors behind the 1991 c. preference for community goods; the reforms was the need to reach agreement consumption of products from Europe with the EU's external trade partners at the was promoted in comparison with that Uruguay round of the General Agreement one of goods from outside the Union on Tariffs and Trade (GATT) talks with (the entrance to the community market regards to agricultural subsidies 5. of exterior products is discouraged by The “Agenda 2000” reforms divided imposing prohibitive taxes); the CAP into two Pillars: production support d. financial solidarity; guaranteed prices, and rural development. Several rural de export of surplus goods etc. which are velopment measures were introduced inclu registered in the European Orientation ding diversification, setting up producer groups and Agricultural Guarantee Fund, created and support for young farmers. Agricult in 1962. ural environmental schemes became compul The six main mechanisms of CAP are: sory for every Member State 6. • Price support: guarantees minimum prices Having in view the fact that in mem set by agricultural ministers; ber states the situation had characteristics • Import taxes: to ensure external prices which had to be taken into account by the cannot undercut internal EU prices; public authorities (numerous and small di • Intervention: support by selling or mensions exploitations, low productivity, storing surpluses; an important part of the active population • Stock disposal: to dispose of surpluses being engaged in the primary sector, ave by other means (e.g. Free Food Scheme); rage income per inhabitant being inferior • Subsidized exports (that results in the to those from other fields of activity, the “dumping” of surplus produce causing a production being often unable to satisfy destabilizing of prices in third countries); food necessities) and the authorities had to
47 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cezar Avram, Roxana Radu
• Production control: quotas (e.g. on milk) the intervention of GATT, in 1992 the and “set aside” (refers to land). CAP was globally reexamined and starting Prices are established annually and uni with 2000 important changes has been formly for every product by the Council of applied. Between 1986 1993 agriculture Ministers of Agriculture, at the Commission represented one of the essential fields of proposal. Their fixing implies long nego negotiations (Uruguay Round) which had tiations and the system adopted (the mecha in view a more intense liberalization of nism of guaranteed prices) presents common world trade of goods and services, limiting characteristics, although it is differentiated customs taxes and fighting against measures on sectors: an orienting price which serves not concerning tariff 9. The reform which as theoretical reference; a floor price which came into force in May 1992 was inspired is applied to imports at the entrance to by the proposals made by the Commission EEC (in order to protect European produc in the Green Paper in July 1985. The tion); a intervention price proper to a mi progressive drop in prices of surplus pro nimum guaranteed level (at which all legal ducts with the aim of discouraging pro organisms buy the surplus products in order duction, the obligatory annual abandon to store or to destroy them) 8. ment of a part of cultivated field and the Every year, beginning with April 1 st , a application of strategies of rural develop common standard comes into force which ment with the aim of protecting environ is established depending on a series of ment are only some of the principles of the parameters: the objective followed in the new orientations. field of incomes, costs evolution and the The Reform of CAP (influenced by level of EEC goods supply. The absolute GATT) ensures a balance on medium term guarantee of prices is applied only to between the mechanisms of Green Europe certain products such as wheat, but there and the exactingness of international enlar are different degrees of protection depen gement. At the beginning of the third ding on market organization for other goods millennium, new negotiations inside World (sugar, olive oil, rice, milk, beef etc.). Trade Organization (WTO which replaced In the course of time, the Community GATT starting with 1995) are expected. effort materialized in special allowances The Council from Berlin (March 1999) for mountain regions, environment, disad made the decision to diminish the support vantaged regions and also in financing some prices and to reevaluate direct aids in order investments in some regions of South Europe to maintain the incomes. The ministry and Ireland. CAP enabled the radical transfor Conference of Seattle, in December 1999 mation of agriculture and its integration decided to cover agriculture multifunctio into the market economy, but the “pro nality, in other words the productive acti ductivist” model which inspired it knew vity and, at the same time, environment pro also negative effects that led to hardly to tection 10 . lerable costs. In 2003, a new basic reform was made From the beginning, the establishment according to which CAP was adapted to of CAP has experienced technical difficul the demand. The reform has completely ties and, little by little, led to basic lack of changed the way the EU supports its farm balances. From the beginning of 80’s, the sector. The agricultural producers are no finding of provisional solutions for li more paid only to produce food products. miting the lack of balance was vital. Due The preoccupations of consumers and to the persistence of this situation and at contributors are entirely taken into consi 48 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY European Union’s Common Agricultural Policy. Evolution, Objectives, Challenges and Future Perspectives deration while the freedom of producing the same time decoupled payments will what was in demand on the market was mean that a major share of our support to granted to the farming producers coming agriculture is moved from the trade from EU. The vast majority of subsidies distorting classification under WTO rules were to be paid independently from the (Amber Box) towards the minimal or non volume of production. This new reform trade distorting category (Green Box). The emphasized the importance of environ third regulation covers those areas of support, mental, quality or animal welfare programs which in the future are still product spe by reducing direct payments for bigger cific, or where the Member States have the farms; more money will be available to option to retain a certain element of support farmers for this aim. The Council further coupled in the future. Such possibilities decided to revise the milk, rice, cereals, have in particular been foreseen in the area durum wheat, dried fodder and nut sectors. of animal premia (beef and sheep), where In order to respect the tight budgetary the concern with regard to the effect on ceiling for the EU 25 until 2013, ministers production and decoupling has been most agreed to introduce a financial discipline pronounced. mechanism. This reform will also strengthen There were and still are many con the EU's negotiating hand in the ongoing troversies concerning CAP. The CAP has WTO trade talks. The different elements been criticized for its large budget and for of the reform came into force in 2004 and supporting inefficient agricultural practices. 2005. The single farm payment came into The 1990s reforms are accused of so far force in 2005. having done little to reduce its cost, and of With regard to the implementation of leaving agricultural prices unnecessarily the reform, the Commission has chosen to high at the expense of the consumer. By do this through the agency of three encouraging overproduction, the CAP for Commission Regulations. First Regulation ced the EU to buy up the surplus of pro covers the provisions concerning cross duction, which it was then sold on cheaply compliance, controls and modulation. The in the developing world undercutting provisions with regard to cross compliance local producers and damaging local eco are one of the new key elements in the nomies. “Dumping” of this sort, combined CAP reform, which make the future Single with high external tariffs for food imports, Farm Payment dependant on the farmers led to considerable international criticism respecting public health, animal health, of the CAP, notably at the Doha World environmental and animal welfare, EU Trade Organization talks in 2003 11 . Attempts norms and good agricultural practice. Se to reduce overproduction by paying cond Regulation embodies the key ele farmers to “set aside” land are thought to ment in the reform of introducing a Single have mitigated but not eliminated the Farm Payment, where the payment will no problem. Set aside also risked distorting longer be linked to production (de the public's perception of farmers who coupling), allowing the farmers to have the public thought were being paid to do their incomes ensured and steering their nothing. Furthermore, by encouraging farm production towards the needs of the “modernization”, the CAP was blamed for markets and the demands of the environmental damage caused by the consumers. Payments will, however, only increase of agricultural chemicals and be paid in full if the above cross intensive farming methods. Some have compliance provisions are respected. At blamed the CAP for the practices that led
49 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cezar Avram, Roxana Radu to a series of food safety scares during the From a statistical point of view 12 , real 1980s and 1990s, chief among them being agricultural income per worker in EU 27 BSE. rose by 5.4% in 2007 after increasing by It was also claimed that the distri 3.3% in 2006. This growth in EU27 real bution of funds under the CAP was unfair agricultural income in 2007 was itself the with some 20 per cent of farms, primarily result of: the larger ones, receiving 70 per cent of the an increase in output of agriculture at subsidies. There have also been reports of basic prices in real terms (+4.3%); CAP fraud in some member states, where a rise in input costs (+5.8%) and a slight levels of diligence to prevent fraud reflect decrease in depreciation ( 0.3%), in real different levels of effectiveness from diffe terms; rent member states' agriculture ministries. a decrease in the real value of subsidies EU enlargement poses a serious challenge net of taxes ( 2.8%). to the CAP: the economies of some of the In the course of time, the focus of accession states which joined in 2004 agricultural support has changed: until notably the largest, Poland are heavily 1992, EU policy aimed to guaranteed high agrarian. The massive cost of including prices for growers' produce; between 1992 and these new states in prevailing CAP terms 2004, direct aid payments linked subsidies led to France and Germany developing a to production; from 2005 onwards, subsidies deal to freeze CAP spending between were not paid for producing but for meeting 2006 and 2013, and phasing in payments environmental standards with regard to to the new members, in 2002. The acce arable land 13 . ssion states were outraged, and success The growing needs of the EU po fully secured additional payments, in spite pulation made that the objective of the of the Berlin Council's commitment to CAP changed too. One of the new stabilize CAP spending. directions of CAP is spending the money However, the CAP has contributed to where it is most needed. Financial safety an improvement in European agricultural nets are still in place, but are used much efficiency by promoting modernization more selectively. The common agricultural and rationalization. Average agricultural policy (CAP) steps in, for example, with incomes have risen roughly in line with financial support for farmers hit by natural other sectors, markets have been stabili disasters or outbreaks of animal diseases, zed, and the EU has been rendered vir such as foot and mouth or bluetongue. tually self sufficient in all foodstuffs that Where necessary, the CAP supplements its climate permits to be cultivated. farm income to ensure that farmers make a In September 2007 a consultation pro decent living. However, assistance is linked cess was launched by the European to compliance with broader objectives in Commission on the Budget Review to be the areas of farm hygiene and food safety, proposed in 2008/9. All interested parties animal health and welfare, preservation of at local, regional, national and European traditional rural landscapes, and bird and levels were invited to participate. And in wildlife conservation. May 2008 proposals were put forward to Another new provocation for CAP is modernize and simplify the CAP in an meeting new needs. The reforms have freed attempt by the EU to mitigate the effects of funds to promote quality – and interna global food prices. tionally competitive – foodstuffs and innovation in farming and food processing. 50 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY European Union’s Common Agricultural Policy. Evolution, Objectives, Challenges and Future Perspectives
Consumers have become much more agricultural policy reforms over the last quality conscious, so voluntary EU labels five decades. allow producers to differentiate their food The most recent development is a stuffs from the competition. There are “health check” of agricultural policy labels – and underlying standards – for launched in late 2007. This does not imply foodstuffs coming entirely from one area that the policy is sick; it is a chance to see and using recognized know how, foods whether adjustments are needed in the with a clear geographic tie to a particular light of experience since major reforms in area, foods made of traditional ingredients 2003 and to ensure the policy is fit for new or using traditional methods, and for challenges and opportunities, such as cli organic foods. The reforms have also re mate change. It is not a major reform, but leased money to promote rural develop an effort to streamline and modernize the ment, including diversification of rural policy still further. Reforms notwithstan economies, since farm employment is no ding, the common agricultural policy is the longer the mainstay of rural communities most integrated of all EU policies. that it once was. EU research budgets Consequently, it takes a large share of the further support innovation in agriculture EU budget. Nevertheless, this has dropped through projects to increase productivity from a peak of nearly 70% of the EU while at the same time becoming more budget in the 1970s to 34% over the 2007 environmentally friendly. This includes 2013 period. This reflects expansion of the looking at how agricultural crops can be EU's other responsibilities, cost savings used to produce energy without detracting from reforms and a shift to spending more from the primary purpose of producing on rural development. Rural development food and animal feed, e.g. by using by will take 11% of the budget over the same products and waste products. period. The policy reforms have also been in the interests of fairer world trade. They Rural Development Policy have reduced the risk that EU subsidies for The European Union has an active ru exports of surplus production will distort ral development policy because this helps world markets. In the so called Doha us to achieve valuable goals for our Round of international trade liberalization countryside and for the people who live talks, the EU has offered to eliminate ex and work there. The EU's rural areas are a port subsidies altogether by 2013 if other vital part of its physical make up and its countries make matching concessions. identity. According to a standard defini Even if the talks fail, this will not necessa tion, more than 91 % of the territory of the rily deter the EU. The European Commission EU is “rural”, and this area is home to is proposing that export subsidies be more than 56 % of the EU's population. phased out because they do not fit with the Furthermore, the EU's fantastic range of competitive mindset which it seeks to striking and beautiful landscapes are foster. As part of the Doha Round, the EU among the things that give it its character – has also offered a significant reduction in from mountains to steppe, from great import duties on agricultural products. forests to rolling fields. However, even without these, the EU is With over 56 % of the population in already the world’s largest importer of the 27 Member States of the European food and the biggest market for Third Union (EU) living in rural areas, which World foodstuffs as a result of trade and cover 91 % of the territory, rural develop
51 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cezar Avram, Roxana Radu ment is a vitally important policy area. c) to ensure fair and stable incomes for Farming and forestry remain crucial for farmers, land use and the management of natural d) to ensure that environmental issues are resources in the EU's rural areas, and as a taken into account, platform for economic diversification in e) to develop complementary and altern rural communities. The strengthening of ative activities that generate employ EU rural development policy is, therefore, ment, with a view to slowing the de an overall EU priority. population of the countryside and Many of European rural areas face strengthening the economic and social significant challenges. Some of farming fabric of rural areas, and forestry businesses still need to build f) to improve living and working con their competitiveness. More generally, ditions and promote equal opportunities. average income per head is lower in rural Between 4,300 and 4,370 million euro regions than in towns and cities, while the were allocated each year to rural develop skills base is narrower and the service ment during the period 2000 2006. These sector is less developed. This means that measures were financed by the EAGGF the EU's Lisbon Strategy for jobs and Guarantee Section or Guidance Section. growth, and its Göteborg Strategy for sus The following rural development measures tainable development, are just as relevant are supported by the EAGGF: early retire to countryside as to towns and cities. ment 14 , less favored areas, agri environ A new policy for rural development ment measures, afforestation of farmland, was introduced as the second pillar of the renovation and development of villages, EU Common Agricultural Policy in the protection and conservation of rural heri framework of Agenda 2000 in March tage, diversification of farm activities, im 1999. Agenda 2000 reformed the CAP in provement of infrastructure. view of the expected enlargement to lar Theoretically, individual EU Member gely rural countries, such as Poland, States could decide and operate com Bulgaria or Romania. The EU proposes pletely independent rural development po reinforced rural development measures, as licies. However, this approach would work support for semi subsistence farms, for the poorly in practice. Not all countries in the candidate countries, so that they can reap EU would be able to afford the policy the benefit of the Common Agricultural which they needed. Moreover, many of the Policy even before they meet the EU issues addressed through rural develop production standards. While Central and ment policy do not divide up neatly at East European countries are only offered national or regional boundaries, but affect 25 35 per cent direct payments from the people further a field (for example, CAP budget from 2004 to 2006, reaching pollution crosses borders all too easily; and 100 per cent in 2013, the new members more generally, environmental sustaina will receive higher rural development bility has become a European and interna subsidies which will help them stabilize tional concern). Also, rural development farm incomes. policy has links to a number of other po The main aims of the new EU rural licies set at EU level. Therefore, the EU development policy are: has a common rural development policy, a) to improve agricultural holdings, which nonetheless places considerable b) to guarantee the safety and quality of control in the hands of individual Member foodstuffs, States and regions. Also, caring for the 52 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
BUILDING THE INTERNATIONAL COMMUNITY European Union’s Common Agricultural Policy. Evolution, Objectives, Challenges and Future Perspectives rural environment often carries a financial identify the areas where the use of EU cost. The policy is funded partly from the support for rural development adds the central EU budget and partly from indivi most value at EU level; dual Member States' national or regional make the link with the main EU budgets. priorities (for example, those set out un The essential rules governing rural der the Lisbon and Göteborg agendas); development policy for the period 2007 to ensure consistency with other EU po 2013, as well as the policy measures licies, in particular those for economic available to Member States and regions, cohesion and the environment; are set out in Council Regulation (EC) no. assist the implementation of the new 1698/2005. Under this Regulation, rural market oriented CAP and the necessary development policy for 2007 to 2013 is restructuring it will entail in the old and focused on three themes (known as “the new Member States. matic axes”). These are: Under the Rural Development policy, improving the competitiveness of the which is an integrated part of the CAP, the agricultural and forestry sector; European Union will make 88.3 billion improving the environment and the euro available for rural development pro countryside; jects in the 27 member states in the period improving the quality of life in rural between 2007 2013; a minimum of 25% areas and encouraging diversification of must be spent on projects that support land the rural economy. management and improve the environment 15 . To help ensure a balanced approach to However, the process of modernizing policy, Member States and regions are obli European agriculture is today a sure fact. ged to spread their rural development fun This evolution was, at the same time, ding between all three of these thematic axes. accompanied by the considerable decrease A further requirement is that some of of population working in this sector 16 . The the funding must support projects based on evolution of its development, objectives, experience with the Leader Community mechanisms and priorities demonstrates Initiatives. The “Leader approach” to rural that the aim of CAP is the maintenance of development involves highly individual an economic, social and institutional sec projects designed and executed by local tor, distinct, multifunctional and orientated partnerships to address specific local towards family farms, with complex problems. regulations for the entire EU. CAP is ”a As before 2007, every Member State defensive strategy, politically managed, of (or region, in cases where powers are de modernizing European agriculture”. legated to regional level) must set out a rural development programme, which spe otes cifies what funding will be spent on which 1 Gheorghe Pîrvu, Economie europeană , ediția measures in the period 2007 to 2013. a II a, Editura Universitaria, Craiova, 2004, p. 145 146. A new feature for 2007 to 2013 is a 2 greater emphasis on coherent strategy for Avram Cezar, Roxana Radu, European rural development across the EU as a Union's Common Policies , Revista de tiinţe Politice/ Revue de Sciences Politiques nr. whole. This is being achieved through the 11/2006, Editura Universitaria, Craiova, 2006, use of National Strategy Plans which must p. 41 56. be based on EU Strategic Guidelines. This approach should help to:
53 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 COOPERATION AND INTEGRATION: Cezar Avram, Roxana Radu
3 Avram Cezar, Roxana Radu, Laura Gaicu, 14 In order to surpass the crisis of the pension Uniunea Europeană. Trecut și prezent , Editura system, EU proposes to member states an early Universitaria, Craiova, 2006, p. 190. retirement scheme in according to which the 4 Ali M. El Agraa, The European Union. older farmers (minimum 55 years old) have to History, Institutions, Economics and Policies , put an end to their agricultural and trade Fifth Edition, Prentice Hall Europe, 1998, p. activities, their properties being transferred to 212 213. younger farmers. See also Livia Popescu, 5 Gheorghe Pîrvu, cited work , p. 147 148. Politicile sociale est europene între paterna 6 Dinan Desmond, Encyclopedia of the European lism de stat i responsabilitate individuală , Union , MACMILLAN, 2005, p. 367. Presa Universitară Clujeană, Cluj Napoca, 2004, 7 Marin Voicu, Politicile commune ale Uniunii p. 119, E. Te liuc, L. Pop, E. Te liuc, Sărăcia Europene. Cadrul constituțional , Editura Lumina i sistemul de protecţie socială , Editura Lex, 2005, p. 89 90. Polirom, Ia i, 2001, p. 101, R. Radu, M. 8 Avram Cezar, Roxana Radu, Laura Gaicu, Neamțu, Implementarea acquis ului comunitar cited work , p. 190 191. în agricultura României , Revista de tiinţe 9 Avram Cezar, Roxana Radu, Laura Gaicu, Juridice/ La Revue de Sciences Juridiques nr. cited work , p. 192. 2/2007, Editura Themis, Craiova, 2007, p. 158 169. 10 Petit Yves, Loyat Jacques, La politique 15 Source: European Commission, 2008. agricole commune (PAC) , La Documentation 16 In the Europe of the Fifthteen, agriculture française, Paris 1999. supplied job for only one unemployed person 11 Avram Cezar, Roxana Radu, Laura Gaicu, from 15, in comparison with the situation in cited work , p. 192. 1960 when the proportion was from 1 to 5, in 12 Source: Eurostat, March 2008. the same countries. 13 Nicola Ursu, Politica agricolă comună în 17 Avram Cezar, Roxana Radu, Laura Gaicu, 2005 , „Euroconsultanţă. Ghidul firmei” nr. cited work , p. 192. 1/2005, p. 58.
54 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
CONFLICTS AND THREATS : PIECES OF THE GLOBAL PUZZLE
Politics and Security in Contemporary World
Aurel PIŢURCĂ
Abstract : The article aims at discussing the issue of security, its contents and the directions of its evolution with reference to the state, especially relating to national politics, to the external environment and the decision makers. The article emphasizes the role of the political paradigm, which lays the basis and guides the activity of a society, in society’s political construction, including the security one. Keywords : politics, security, national state, strategy, data flux, policies, international environment .
ne of the major issues faced by the ever, today there is an interrelation between contemporary world is represent the national security and the one from the O ted by security. It emerged and external environment, one presumes with emerges challenging debates involving necessity the other and only together, these politicians, experts, political analysts, re may ensure tranquility, order, in one word, searchers from the academic field or from everybody’s necessity. the field of international relations. This is The analysis of the issue of security, not random or conjectural, it is directly of the contents and directions of its evo connected to the enlargement that the lution cannot be achieved without referring notion of security acquired, with its impact to the state, but especially to politics. Po on many field and segments of social, litics, through its institutions, through the economic, political, cultural life, of the decisions taken and applied is the only one environment and even financial. Nowadays capable to impose, and even to determine society is exposed to multiple threats, much the contents of the security policies and more serious than the military one, which strategies, its internal, as well as external the world faced and found the antidote. directions and coordinates. The nature of Nowadays dangers and threats are multi the political regime from a society, its ple, new and with a high power of des form of government, the level and stage of truction which may put in danger the hu material, spiritual and political develop man existence in itself. This is why every ment, the objectives proposed and the body is searching for the best and the most consequences represent factors which in efficient solutions in order to secure its fluence the construction and promotion of own national community, and, since this security policy. measure is not sufficient in itself, it must In the constructive applicative action be extended at a global level. More than of security we cannot exclude the people
55 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Aurel Piţurcă in their double position of creators and con Ensuring the security of citizens by sumers of security, but especially as deci the state and its institutions thus becomes a sion factors. "Human beings – says Susan major obligation and is conceived differ Strange – try through social organization renttly from these. The distinction is given to ensure wealth, security, liberty and by the nature of the political regime, by the justice" 1. For humans, security represented principles and values used as basis for a permanent value, being associated with functioning, by the priority given by ensuring wealth, stability, order, liberty with different values in organizing the policies. life itself. The way in which they reflect, From this perspective, there is a big appropriate and understand the phenomena difference between the modality of elabo and processes of social life, especially the ration and achievement of security policies political ones, the way they relate may in in societies with democratic regimes in fluence the draft and application of secu comparison to the dictatorial ones. rity policies. Besides the internal environ In democratic societies, security poli ment given by objective and subjective cies are included in political paradigms factors, in the construction of policies and and programs of political forces and par strategies and their dynamics a major role ties, occupying a place as important as the is played by the international context. This social policies or development policies and may impose the contents, directions of through the citizen’s vote, they have their security policies, their dynamics, including agreement. Of course, this is the rule which, their efficiency. In connection to the inter in most cases, is respected; in political national environment, humans, especially practice we may also encounter situations the decision makers, adapt and promote when a party, a political leader, from nu certain positions and attitudes which will merous reasons, internal or international, be materialized in solutions and measures. although having the power on a certain In any security policy we must find political program, may govern using other the will and the interests of society, of the program principles, including modifying people. It must be different from politics in the security policies. The data flux on which general, due to the fact that it has multiple the elaboration of policies is funded also consequences, profound and immediate represents an important factor of distinction. for society, for the people. In the democratic societies which own In the elaboration of any security po important material, financial, spiritual, but licy and strategy the major role belongs to especially intellectual resources, the data the state and to its political institutions – flux represents an essential component in parliament, government – due to the fact political construction, including in the se that, in any conditions, "The state main curity ones. This can be found in the multi tains a central function which cannot be tude and diversity of institutions, starting fulfilled by any transnational actor: it re from the public ones, to the private ones mains the only source of power which has which create and make available data and the capacity to impose the rule of law" 2. which contribute to the basis and decision The same state, through its institutions making of security policy. In connection to elaborates and, especially through govern this aspect, the ex secretary of state Henry ment, applies the security policies due to Kissinger appreciated that "those who ela the fact that "its first task is to ensure the borate policies do not lack data. They are, security of its citizens" 3. in major cases, overwhelmed by the data received" 4. 56 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE Politics and Security in Contemporary World
In the practice of political life, the instances when the situation is not real, or elaborators of security policy are not always is not perceived or taken into account. In the beneficiaries of the best, competent connection to the last issue, the most international data flux. As in any policy, conclusive aspect may be the shortcoming interest is the most important thing in of not taking into account the possibility of security policies. Within this, there are the attack on the twin towers in New York on interests of the ones who support the power, September 11 th , 2002, which was not in the government, politically and economi cluded in the North American security cally; they will always give an advantage strategy. to certain economic and political groups. Also, there may be significant differ Irrespective of the way in which they are rentces between the way in which political appreciated, one thing is certain: in this elites and governing parties perceive threats, society politics benefit of an important their type, risk factors and vulnerability, data flux which ensures a solid theoretical which will be reflected in the elaborated basis to the political act in its various policy, on the one hand, and, on the other phases, of information, elaboration, decision, hand, the public opinion and mass media. and application. There may be at least two situations: the The political paradigm which lays the political elites, in order to obtain the adhe basis and guides the activity of a society sion of the public opinion to their security also has the role in society’s political cons measures, will exaggerate threats or even, truction, including the security one. It in certain limits, will deform them; there ensures the general funding, the principles may even be situations when the public and values on which the policy and its opinion or mass media have no correct or products must be grounded, performs the complete data regarding the type of threat, political priorities and its products, accom its gravity, from this resulting its minimi plishes the priorities of value of the so zation or exaggeration. Among these, we ciety, the essential coordinates which have have to take into account the presence and to be followed and which will be found activity of political opposition, of certain again in all political constructions, and also political and economic group interests which of the security policy. Next to these re may also contribute to the manipulation of quirements, a political decision factor with public opinion and of mass media. a major role will also be attached. In this The geographical position, the status situation, we will take into account several in the field of international relations, the aspects, without achieving a priority or interests manifested towards a certain part hierarchy. Among these, the most impor of the world, as is the case of the USA, tant is the way in which the decision factor may also influence the security policy. will perceive the threat to security: correc Taken into account these special fea tly or erroneously. To these we will add tures, the democratic societies have theo the possible vulnerabilities and risks which retical intellectual potentials of rich and have to be taken into account in the elabo various international fluxes, of material ration and application of security strategies. resources, political in the elaboration of We must make the distinction between policies and strategies, and security stra threat as a reality which comes from the tegies, these being as close as possible to international environment and its repre reality, to the needs of citizens and, at the senttation in the mind of the ones which same time, of taking into account the will take the decision. There can also be international level, its dominant tendencies.
57 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Aurel Piţurcă
The community of principles and va even in the national community’s best lues on which democratic societies are interest. founded and function cannot represent argu The basis of politics, including the se ments in sustaining that security policies curity one, on data fluxes, on contempo and strategies are the same, uniform. The rary results and techniques, the realistic presumption that states and governments vision on the internal and international have towards this type of threat, their environment, the respect of the will and interests, the state in the field of inter interests of the citizens, information and national relations will generate differences consultation of the public opinion, deta in what concerns the construction of se ching from subjectivism are some of the curity politics, the objectives which repre requirements of security policies. Politics sent a priority, the means and modalities of plays a major role in the elaboration of application. In the field of international security strategies, this does not represent relations we will oppose interests of poli just a political choice issue. The comple tical actors, they will be found in policies xity and dynamics of processes of contem which are different, be they economic, porary development makes security not to military but also security ones. The politi belong exclusively to the military factor. cal community of principles and values will Today we face the appearance of new phe also generate common notes of policies nolmena and processes putting in danger elaborated and promoted, but, in no situation, the states’ security, such as: terrorism, orga will these be identified and homogenized. nized crime, degradation of the environ The situation of the mechanism of ment, the increase of gaps among states, elaboration of security policies in societies energy problems, raw material. In this new with non democratic regimes is radically situation, as scientific, rational, realistic different. Starting from the principles on and dramatic as the elaboration of security which the power is grounded, from the policies may be, this is not sufficient way of its acquiring and exercise, politics anymore. The elaboration of security poli in general and particularly the security one cies must take into account the new types will not represent and promote the ma of global threats which impose the achie jority’s interests, they do not have its vement, at community level, of a common endorsement, they will be the emanation policy which each state and government of those who rule, meaning of a minority. must take into account in the achievement In most cases, this type of society lacks of its own security policy. This is what the theoretical intellectual resources, institutions specialists call "external constraints" 5, which specialized in supplying data, data ne impose the inclusion in the national se cessary to politics, or even if these are in curity policies of new types of threats and disagreement with the visions and interests risks. This is why we may appreciate that of people who govern. The perception of today we assist at a process of approaching international relations, of threats which the states’ security policies dictated in great might result from them is understood com measure by the change in the international pletely wrong and also erroneously inter environment, by the appearance of a new preted from subjective reasons. From here type of insecurity. More and more socie results the impossibility of elaboration and ties have gone to restructuring, adjust application of objective, realistic security ments in their security policy, at the adap objectives, in the citizen’s best interest or tation to the new realities and requirements of the contemporary development. The 58 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE Politics and Security in Contemporary World globalization has lead to the disappearance 2 Francis Fukuyama, America at the Cross of isolated security policies, limited only to roads , Antet Publishing House, Bucharest, 2006, p. 17. the national interest, without taking into 3 account the community in its assembly. Apud C. Hlihor, Security Policies in the Contemporary International Environment , National University of Defense Publishing House, otes 1 Bucharest, 2007, p. 66. Susan Strange, States and markets , European 4 Ibidem , p. 65. Institute, Iasi, 1009, p. 27 5 Ionel Nica Sova, Security studies , Bucharest, 2005, p. 164.
59 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS : PIECES OF THE GLOBAL PUZZLE
Cold War Redivivus?
Ion DEACO EASCU
Abstract : This article analyses Russia’s role in the today’s stage of the international relations, starting from the largely accepted idea that the old enemy could not become friend and strategic partner for the EU and the USA but also arguing that, with a huge energy potential, with reform driven and well intended politicians, Russia would not afford, in the years to come, to be co substantial to the Cold War and to continuous conflicts. Keywords : conflict, security community, energy potential, vassalage.
ollowing the fall of the Berlin Wall expansion towards Russia’s borders, the and the implosion of the communist accession of all the former communist F system, one expected real and pro countries of Eastern Europe, of the Baltic found “defrost” of Moscow’s relations with countries, long time ago former Soviet the Western European countries and the republics, as well as Georgia, Albania, USA, so tensed until then. Croatia and Macedonia’s initiatives of However, political analysts have un accession to NATO have become solid derstood very quickly that Russia could arguments for Moscow to affirm, on not become friend and strategic partner for different coordinates, the signs of an “ice the EU and the USA, as neither could the age” in its relations with the USA, but also latter prove themselves capable to realis with the EU, especially within the energy tically approach the new world geography, competition, re shaping the geopolitics of “destabilized” by the all too powerful currents the new Cold War and the ideology of a of democracy in certain states detached different type of conflicts. from the communist system Moreover, Russia has, especially at Considering each other enemies and present, enough fears regarding the new under no circumstance as allies, within an nuclear politics of the USA, launched in ample stability and concord project, both December 2001, through their retreat from the EU and the USA, as well as Russia the „Anti Ballistic Missile Treaty” (the have permanently fuelled the syndrome of ABM Treaty), signed by Nixon and distrust and isolationism, Russia being Brezhnev in 1972, which banned the deve worried, lately, by the offensive extension lopment and unfold of anti missile systems. of NATO, organization which according Furthermore, in 2002, the American to certain specialists should have auto president announced the allocation of a dissolve immediately following the disso sum of 8 billion dollars for the edification lution of the Treaty of Warsaw. NATO of a „National Missile Defence System”,
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PIECES OF THE GLOBAL PUZZLE Cold War Redivivus? while in 2008 one registered an extremely The security community established high threshold of the USA’s military by the EU in the North of the continent budget of 583 billion dollars, which should will be different from the one in the South, allow this superpower to “unfold a military the recent events in Kosovo demonstrating force at a global scale, to operate from again the passivity of the powerful before Africa to the Middle East and further”, as area and regional pressures, consistently Victoria Nuland, the ambassador of the fuelling the “power serfdom” equation, as USA to NATO, declared in 2006. “anti Western” has already become a cruel A high official within the Pentagon, reality in the Arab world. the brigade general Patrick J. O’Reilly, sta As long as a field of dynamic or latent ted last year that his country would im conflict persists among Russia and certain plement the “anti missile defence system” states from the Caucasus, as long as some until 2011, a project partly accomplished, places become a sanctuary for interethnic as, after a series of negotiations, the USA and economic tensions (Checheny, Abhazia, and Poland signed, on August 20 th , 2008, South Ossetia, Nagorno Karabach), Moscow the Agreement regarding the unfold of continues to be regarded as a generator of elements of the anti missile shield, on aggressive conduct in its relations with Polish territory, and the establishment, these countries, some of them wishing to until 2012, of ten interceptors capable to be effectively independent, others seeking destroy long range ballistic missile from a normal road towards democratization. flight. This agreement is completed with Equally, the other vector relation is a “statement of strategic cooperation” in valid: Europe’s vassalage position towards the spirit of Article 5 of NATO Treaty the USA, the EU attitude to perceive Russia which stipulates that any armed attack as an unfriendly state, engaged in diverse against a signatory state of this document continental disputes (Georgia, Transnistria, is consider an attack against all signatory South Ossetia, Abhazia), the energy mono states. Within a Europe shattered from poly will further on fuel national frustra its foundations by the implosion of the tions and malice, but also a state of po Soviet world and empire, it has not found litical immaturity and pressures that will its tranquillity and peace, yet, as “peace amplify consistent disagreements among and liberty are not synonymous”. A still some EU Member States and Russia. divided Europe, in which shots are still With a huge energy potential, with being heard (the recent war in Georgia is reform driven and well intended politicians, eloquent) and a wall is raised in another Russia would not afford, in the years to sense, in order to protect the “centre” from come, to be co substantial to the Cold War the diverse “peripheries”, poor and gene and to continuous conflicts. rators of social politic instability. It needs Europe, and Europe needs In this type of political climate, the Russia, through the multiplication of power Russian flank is going to distance itself ad influence poles, within a vast space, at from the Western one, from the German present marked by obvious disequilibrium, one in a smaller extent, from extremely as Russia, losing its imperialism, turning complex reasons, while another type of into an „empire en désordre”, as Alain centripetal forces are going to inflict po Joxe would say ( Le cycle de la dissuation , litical and economic mutations, as well as La Découverte, Paris, 1990), has to iden equilibriums left fragile through flexible tify other ways and political combustions and active subterfuges. in order to impose itself within a too
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“relaxed” world system, following the fall With or without potential enemies and of the Berlin Wall during a period of political viscosity, Equally, the EU, being in a long pro Russia, the EU and the USA will remain cess of real unification of the Member the great authors the world political scene States frustrating energies, needs a radical that have the obligation to pacify and de change of social, economic and political mocratize the planet, to eliminate, as much azimuth, in order to impose its integration as possible, the conflicts and confronta doctrine which does not generate confron tions among them, needing a “great geo tations and dissensions among its members political turn”, capable of edifying other or obsolete democratic melancholies, even relations between the old military powers if, as Pascal Bruckner states ( La mélan (the USA, the USSR) and the new economic colie démocratique , Seuil, Paris, 1990), the powers (Germany, Japan, Russia, China, existence of an adversary „represents a France etc.). provision for the future, a certain way for a group to assume its cohesion”.
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CONFLICTS AND THREATS : PIECES OF THE GLOBAL PUZZLE
Globalization Influence on Minorities
Mihai Radu COSTESCU Mihai Alexandru COSTESCU
Abstract : Seen from the social dimension, globalization has brought to attention a series of aspects, such as the achievement of free circulation of people of all nations, growth of cross cultural contacts, advent of new categories of consciousness and identities such as Globalism etc. Still, there are a lot of negative aspects of social globalization, and they can be clearly seen in the way European Union (EU) changed during the last decades. For example, we cannot say that a direct link between regional development and minority protection really exists. The focus on regional development does not equal development of regions inhabited by ethnic minorities, as selection of eligible areas for funding is based on poor development conditions and not the minority status of populations residing therein. Today, papers from the EU bring to attention the argument that EU cohesion policy cannot be expected to automatically reduce ethnic tensions, promoting inter communal cooperation and accommodation of minority demands. evertheless, EU cohesion policy represents one of the main factors that condition reformulation of domestic regional development agendas, framed through the prism of employment growth. In this context, attempts are made to incorporate a minority concern in the initiatives launched either through initiation or consolidation of power sharing governance models. The new development opportunities created by EU funds trigger, and occasionally reinforce, political mobilisation of minorities, enhancing local democracy and representation. Integration of minority representatives in sub national institutions is not inexorably linked to economic involvement in regional development activities. But even in those cases where political and economic representation is ensured, individuals asserting membership of a minority often encounter harsh difficulties in the planning and management of local development strategies. In order to reduce and, if possible, to eliminate, at a certain moment, minorities problems, European institutions are empowered to adopt measures to combat discrimination based, amongst others, on „racial or ethnic origin”. Since June 2000, the Race Discrimination Directive was enacted. Aimed at ensuring equal treatment of persons irrespective of racial or ethnic origin, the Directive has the potential to turn into the most effective EU minority protection mechanism. Innovative in applying both vertically and horizontally, it prohibits direct and indirect discrimination, and has a broad scope of application. It covers employment, social protection, education and housing, and allows for affirmative action to prevent or compensate for invidious treatment linked to ethnicity. Keywords : Globalization, European Union, employment, integration, minorities .
he integration of economic, po have dramatically expanded economic, litical, and cultural systems has political and cultural interaction among ac Tbeen one of the major global trends tors all over the place. This process, called at the end of the 20th century. Advances in globalization, is indeed not a new phenol information technology and transportation menon, but its scale and pace have con
63 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Mihai Radu Costescu, Mihai Alexandru Costescu siderably increased since the 1980s driven competitive economical system in the by the internet revolution and major pro world, capable of a high rate of economic gress in transportation and logistics, na growth, in order to lead to creating of more mely containerized cargo and roll on roll and better work places and to an increased off cargo ships. These developments have social cohesion. led to dramatically falling transport tation These objectives rely on the European and communication costs and brought the social pattern. Reliance on this pattern and world’s markets and cultures closer to on its influence on economic progress does gether than ever. not necessary mean the EU has an easier Globalization is also characterized by task. The European social pattern needs to institutional and political reforms in many be improved for: countries, just to mention gradual trade - meeting the requirements of globali liberalization and international coordina zation and transition to a science based tion of policies. The reduction of tariffs economy and society; and other barriers to trade, bilateral trade - the fulfilment of social and demogra agreements and – very much indeed – phic changes; European integration and the fall of the - meeting the economic and social life iron curtain have been additional drivers of expectations of EU citizens. the massive growth in world trade. Placing population in the center of EU The growth in worldwide trade has policies is the key to success for these picked up speed in the 1980s and has by actions. This means an adequate strategy far exceeded output growth in the last 20 oriented to increased participation of all years. While the world’s gross domestic EU citizens to the economic and social life. product (GDP) increased by 150 percent Education with long term effects, im from 1980 to 2005, the volume of world proved skills and people mobility at all wide trade more than quadruplicated in levels, similar working conditions for public that period. and private sectors, all these are important The process of globalization has ace requiremts for creating an European labour lerated even further in the late 1990s due market open to everyone, for a better work to the integration of major developing quality and a stronger social cohesion. countries into the world’s markets. The Without important investments in per impressive growth of the economies in fectioning quality on labour market, it will China and India has already attracted much be hard to complete the Lisbon objectives attention and has had a huge impact on and there is also the risc of increased ten international markets, already. However, it sion on the labour market, as a result of a is fair to say that globalization has just growing difference between the income of started and will most probably become those with higher qualification and those much stronger in scale and scope. with low or no qualification. We will now refer to the European But this will not happen if the EU Union (EU), where, ever since March programmes will not adress the whole 2000, the EU council, at Lisbon, decided population – this is a fact that was proved that changes influencing global economy by the experience many Member States are a positive and dynamic way to reach had. Still, this means serious efforts, both the goal of full usage of labour. At Lisbon economic and social. new objectives were adopted for the EU, As sweeping changes have taken regarding the creation of the most place in the world’s economies in recent 64 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE Globalization Influence on Minorities decades, they have reshaped the structure nomic growth translates into poverty reduction. of employment on a global scale. National The latest „Employment in Europe economies are now more integrated into 2007” report edition, one of the most the global system than at any other point in important means of the EU Comission in the recent past. The volume of interna helping Member States in analyzing, tional trade and the magnitude of cross formulating and implementing policies for border capital flows have reached histori labour market, offers a realistic image of cally high levels. Advances in communi the achievements in this domain, as well as cations and transport technologies have led an analytical analysis of the way these to the establishment of complex interna policies are applied. Based on the most tional production networks, with developing recent data and a realistic analysis, the countries producing an unprecedented level report is the start up point for future of manufactured exports within global discussions and implementation of natio supply chains. Fundamental shifts in eco nal or EU policies. nomic policies have accompanied the pro EU has irreversibly started the journey cess of globalization. These policies have to creating a science based economy, to emphasized maintaining low rates of in creating more work places, reducing unem flation, liberalizing markets, reducing the ployment and increasing labour quality. scope of the public sector and encouraging Results obtained in the EU and in Member cross border flows of goods, services and States show how the EU strategy for finance, but not labour. labour market has lead to 3 major domains It is commonplace these days to assert that were adressed: that globalization provides enormous challen • increasing employment; ges as well as opportunities. This obser • implementing structural reforms and vation is particularly relevant as regards labour market modernization; employment. The era of global integration • completing social changes. has been associated with far reaching Economic growth is crucial. EU pro changes in the structure of employment, ductivity has constantly raised by 2% per including pressures for increased flexibi year in the last 30 years, which lead to a lity, episodes of „jobless growth,” growing double increase in life standards for the informalization and casualization, expanding last 40 years. But this means the future opportunities for the highly skilled, but growth has to be kept in the same limits, in vanishing opportunities for the less skilled. order to maintain the employment rate. New employment opportunities have been Here is where we can see how Euro created in many developing countries due pean countries depend on eachother. As a to the expansion of globally oriented pro consequence, trade among Member States duction, helping to reduce poverty and must be given a greater importance than raise incomes. However, contradictions abound. trade with the rest of the world. Inter Many of the new employment opportu dependence existing among Member States nities are precarious, and the size of the „wor can become a power factor, but it is impor king poor” population remains staggering. tant that it will be used in a positive way. Employment is the primary channel Social, economic and labour market through which the majority of the popu policies are requirements, well defined and lation can share in the benefits of econo easy to apply for the populaion – this is mic growth. In particular, employment even more important as EURO was plays a critical role in ensuring that eco introduced or is to be introduced in the
65 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Mihai Radu Costescu, Mihai Alexandru Costescu following years in all EU countries – and, borders in a variety of ways. at the same time, policies based on Now it is a good opportunity to talk strategical and political previsions. The about the Equal Economic Opportunities complete labor usage in a science based Programme that aims at advancing economy can only be achieved through a ECMI’s (European Centre for Minority realistic plan of economic, productivity Issues) expertise on issues relating to the and life standard growth. participation of minorities in economic An interesting situation was met with life. Specifically the programme has two the Eastern enlargements of the EU in goals: first to advance theoretical under 2004 (ten states) and 2007 (two more). At standding of economic inclusion/exclusion that time, offensive managers placed pri of minorities, and then to provide practical ority on getting access to labour (espe advice to national governments and other cially skilled labour) from Central and Eastern relevant policy making bodies on how to Europe (CEE). Defensive managers have devise policies to combat the problem of focused on walling off „deep” Eastern economic marginalisation. Europe from CEE and erecting mobility Minorities’ ability to participate in eco barriers against NMS workers. Initially, it nomic life is strongly affected by the con seemed as if the primary management text in which they live. This context refers would involve the Commission walking to a number of different situational va the CEE states through a welter of well riables including: established (if patchwork) regulations 1. the extent to which minorities are regarding free movement of persons, dispersed across the territory of the which had become a core principle for the state or are geographically concentrated; single market in both theory and deed by 2. the location of minorities, e.g. in the the 1990s. But technocratic debate over capital city, in deprived urban regions mutual recognition of things like pro or in the rural periphery; fessional certificates was soon swamped in 3. the presence or absence of a kin state the late 1990s by the high politics of and the relationship of the host state Member States. Germany and Austria, in therewith; particular, raised strong objections to imme 4. general socio economic processes that diate free movement of CEE workers, and are taking place in the country or region the EU was ultimately obliged to negotiate concerned, such as privatization or the right of individual OMS to limit entry rapid integration into the global economy. for up to seven years after membership. Minority participation in economic life Here, one could say the Commission was is also dependent on quite often localized an unsuccessful advocate for offensive informal institutions, such as the existence management. The EU also had substantial of (often mono ethnic) economic networks, influence over the CEE states’ efforts to as well as minorities’ own expectations of control their own external borders to the their ‘place’ within society. ECMI’s ability East. Here, they largely shared the to provide advice on the issue of economic defensive position of the Member States. participation is therefore dependent on its Though the EU had little experience in understanding of these different contexts guiding the development of external and of how certain policies may affect border policies – traditionally the domain minorities in different ways in different of the nation state – there is good evidence contextual settings. For this reason, it is that they pushed CEE states to seal those necessary first to conduct research in order 66 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE Globalization Influence on Minorities to devise a methodology on how to deal least for the next years, to supervise their with the problem of economic participa evolution. Free labour mobility, one of the tion and then to think about how to apply central elements of an economical and social that methodology. integration, is not, as proven by todays While equal opportunities for mino realities, only a factor for economical rities has long been a focus of concern growth, but also a potential disturbance within the field of human rights, little work element for certain social problems. In my has been carried out on how to promote opinion, I think it is important for the EU equal economic opportunities for members to carefuly observe this situation and to try of minorities, despite a few declarative to control the social and economical ex statements in a number of legal instru clusion of minorities, so that all the ments that are intended to protect members European objectives to have the possibility of national minorities from economic dis to be met without severe perturbations. crimination. Similarly, although social ex clusion in general (with which economic Bibliography: exclusion is often associated) has been a 1. J. Heintz, Globalization, economic focus of EU policy making since the policy and employment: poverty and launch of the so called Lisbon Strategy in gender implications , Geneva, International 2000, few attempts have been made to Labour Office, 2006. shed light on the link between social and 2. W. Jacoby, EU enlargement: managing economic exclusion on the one hand, and globalization by managing Central ethnicity on the other. and Eastern Europe , Brigham Young Thus, we can say that, even if EU University, 2007. managed to obtain a high performance 3. G. Pehnelt, Globalization and inflation level in incrasing employment, there still in OECD countries , Jena Economic are major objectives to be achieved: Research, 2007. • reducing the differencied between the 4. Fred W. Riggs, Globalization, ethnic main population of a country and it’s diversity and nationalism: the challenge minorities, if we are to talk about em for democracies , Annals of the Ame ployment or active population; rican Academy of Political and Social • full employment in EU by promoting Science, 2002. labour market integration to all per 5. EU Policy Paper, Minorities and the sons, particularly to older persons, EU: Human Rights, Regional Develop nationality not being a criteria; ment and Beyond , Evangelia • reducing unemployment and, most of Psychogiopoulou, Hellenic Foundation all, reducing young people unem for European and Foreign Policy. ployment; • increasing regional and social cohesion.
Economical and social pregress needs the european social pattern to be improved and to include the „reality” of central and east european countries. At the same time, we must not forget that the last countries that became EU members, in 2004 and 2007, came with important labour market problems which lead to the necessity, at
67 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS : PIECES OF THE GLOBAL PUZZLE
The Georgias to Come
Michael RADU *
Abstract : Starting from the recent Georgian case, Michael Radu’s article discusses Russia’s appetite for regional conquests, arguing that a similar scenario might happen soon in other regions of the former soviet space (e.g., Transnistria, agorno Karabach, Crimea). Keywords : breakaway republic, autonomy, occupation, satellization, peacekeepers.
hose who thought that wayward ful states to recognize it. Transnistria, a Georgia marks the end rather than Stalinist creation like the now better known T the beginning of Russia’s appetite Abkhazia, South Ossetia, and Nagorno for regional conquest should consider a Karabagh, offers a militaristically resurgent recent headline from a Romanian news Russia yet another opportunity to flex its paper: “The other Georgia to come: The 18 muscles and presents the West with yet tanks of Transnistria could reach Chisinau another insoluble problem. When it takes in 30 minutes.” The August 22 nd article just 18 Russian tanks to reach the capital went on to warn that Russia now threatens of a sovereign European country, that is Europe’s easternmost reaches. cause for international concern. This will indeed come as news to To justify its military presence in Americans, most of whom have never heard Georgia and Transnistria, Russia has used of Transnistria, a breakaway republic in the Kosovo analogy. Kosovo, it will be Moldova, or of Chisinau, Moldova’s remembered, was part of one internatio capital. Moldova, despite being a UN member nally recognized country, Yugoslavia, and state, is another of those legalistic entities – later of another, Serbia. Because the local such as Somalia – whose existence is lar ethnic Albanian majority wanted to sepa gely dependent on the willingness of power rate and claimed oppression or even
“genocide,” the EU and NATO, without UN blessing, used force to expel the legal * Michael Radu is Senior Fellow and Co Chair, Center on Terrorism and Counter Serbian authorities. Earlier this year the terrorism, at the Foreign Policy Research same EU/NATO and the United Nations Institute in Philadelphia. This article is recognized a new state of Kosovo. Kosovo reprinted with author’s permission, from is in fact no more a viable entity than FrontPageMagazine.com | Friday, September Abkhazia, albeit more viable than South 05, 2008. Ossetia or Transnistria. Russia would like its occupation of sovereign countries to be
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PIECES OF THE GLOBAL PUZZLE The Georgias to Come seen in the same context. in language and religion Moldovans are as There are, however, important diffe much a distinct “nation” vis à vis Roma rences between Kosovo and Georgia’s nians as Kansans are vis à vis Americans. separatist regions that Russia prefers not to After the Soviet collapse there was a mention. Albanians in Kosovo were a certain amount of pressure, especially among clear majority for decades, while the the young, to bring the area under the Abkhaz represented only 17 percent of the Romanian flag. Moscow, weak as it was at region’s population by the early 1990s, the time, still reacted rapidly, following a when Russia helped evict the majority pattern similar to that of Abkhazia and South Georgians from the area. Ossetians in Ossetia. The Slavic majority in Transnistria South Ossetia were about two thirds of the (made up of both Ukrainians and Russians, total for a long time, while Russians in despite Romanians being the largest single Transnistria were for decades the third ethnic group) panicked at the idea of largest ethnic group, after Romanians becoming a marginal minority in a Greater (”Moldovans”) and Ukrainians, and Arme Romania. It proclaimed “autonomy”, re nians in Nagorno Karabagh were always a quested and immediately received Russian majority. military aid (a combination of “peacekeepers” Just as Russian ambassador to NATO and Cossack mercenaries) and annexed the Dmitri Rogozin’s hanging a Stalin poster city of Tighina on the right bank. More in his office is a symbolic demonstration over, to further ensure that Moldova will never of the continuity of Russia’s imperial be a viable state, Moscow encouraged and ambitions, Transnistria is the most con supported “autonomy” within the remaining crete manifestation of Stalinist tactics. territory for the small Gagauz, an Created on a piece of Ukrainian land after Orthodox Turkic minority (140,000 people World War I with a few Romanians on the on 1,600 square kilometers). left bank of the Dniester after the Soviets Russian “peacekeepers” have remained lost the historic Romanian province of in Transnistria ever since 1993, despite Bessarabia (actually eastern Moldova, Moldovan protests and Moscow’s promise annexed by the Tsars in 1812), the grandly to withdraw them, first by 1997 and again named Moldovan Autonomous Soviet Socialist by 2002, in effect protecting a Mafia run Republic was intended to create the im enclave, where, as this author has seen, pression that it represented the “real” admiration for Lenin and the Soviet Union Moldova, unjustly divided by the Ro are officially exhibited, giving the “capital” manian annexation of the right bank area. Tiraspol the atmosphere of an ideological After World War II, Moscow re annexed Jurassic Park. Not surprisingly, the local Bessarabia and, with Transnistria attached, “authorities,” who have repeatedly expressed renamed it the Soviet Socialist Republic of their desire to join Russia, receive the Moldova. Today it has an area of 34,000 enthusiastic support of Russian nationalists square kilometers and 4.3 million inhabitants. and systematically suppress all manifes Despite strenuous Soviet efforts at tations of “Moldovan” (i.e. Romanian) Russification, Bessarabia retained its Ro language and culture. As for the economy, manian ethnic majority (about 66 percent), just as in the case of other such separatist even if not a very strong self identity. The enclaves (South Ossetia, Abkhazia, indeed very term “Moldovan” as a national des Kosovo), it amounts to a Russian sub cription is fictitious. Not only is most of sidized smuggler’s paradise, with some the historic province still in Romania, but arms exports, controlled or owned by a
69 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Michael Radu small clique around “President” Igor Smirnov, All of that explains why no serious a former Soviet petty bureaucrat from political or popular pressure exists to force Eastern Siberia who is still a Russian citizen. Chisinau to make the hard choices about While Moldova is powerless to resist Moldova’s future. Those choices are limited, Russian pressure and Transnistrian threats and become more so in light of Russia’s and blackmail, one should resist the newest demonstrations of military might. temptation of sympathizing too much with In descending order of their realism, those its regime – or its voters. Government after choices are satellization (worse than Fin government in Chisinau – and they have landization) by Moscow and retention of all been freely elected since 1991 – has Transnistria as a reward, continuation of refused to make any hard decision regar the present situation and the associated ding the country’s future. The best expla realities of a continuous exodus of the young nation is the confused identity of the voters and deepening poverty, and unification themselves and of the political elites. with Romania, leaving behind the indiges Throughout the Tzarist and Soviet tible Transnistria and Gagauzia. Painful as occupation, the peasants, mostly ethnic each may seem, none of these choices is Romanians and, unique in Europe, the completely in the hands of Chisinau, but majority, did cling to their language and will mostly be decided in Moscow, Kiev identity against Russification efforts, but and, to a lesser extent, Bucharest. If the distrust Romania after two centuries of present Russian plan for the federalization Russian propaganda. Many of them also of Moldova – in effect making almost 4 distrusted capitalism to the extent that, million Romanians constitutionally equal when land was offered for private pro with half a million Transnistrian Rusophiles is perty, many still preferred Soviet type collec accepted, complete with a Russian military tive farms. The young, while more pro presence for decades to come, Moscow Romanian, mostly chose the easy option of would complete its domination – legally, having it both ways – obtain Romanian peacefully and at minimal cost. passports and using them to gain access to For Moscow, the present situation is the European Union. The clearest manifes perfectly acceptable. Russia controls Moldova’s tation of such behavior is the election and energy supplies, is by far the dominant re election of Vladimir Voronin, a former market for its exports (mostly wine and KGB Major General, leader of the Party of fruits), and can manipulate the Transnistria Moldovan Communists since 1994 and issue should Chisinau exhibit any uppity president since 2001. That makes Moldova behavior. The only problem may appear if the founding member of a club of two Ukraine succeeds in safeguarding its inde countries in Europe that have elected pendence, because then Transnistria, and openly communist presidents (the other is by implication Moldova, would be cut off Cyprus, which did so earlier this year). Not from Russia and become hostages of Kiev, surprisingly, Voronin goes through the rather than Moscow. From Russia’s perspec motions of moving toward “Europe,” mostly tive, the fate of Moldova is not just secon seeking economic aid and protection dary but will be practically decided by the against imaginary Romanian annexation, nature of relations between Moscow and while regularly, and more sincerely, Kiev. expressing his friendship for Moscow and For Ukraine, which has long behaved antipathy toward Bucharest and all things as if Moldova and Transnistria are of Romanian. marginal interest, compared to its terri 70 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE The Georgias to Come torial dispute with Romania in the Black offer a strong and coherent response to Sea and the Danube Delta, the events in Moscow’s mutilation of Georgia – which Georgia should bring home the fact that a is pro Western, much larger and more stra Russian controlled Transnistria (and/or tegically important, and which has a well Moldova) on its west adds to the security defined national identity – the notion peddled threat of its long eastern border with Russia by some in Chisinau and Bucharest of proper. That is a situation no independent Moldova’s admission into the European government in Kiev could live with, but Union (and NATO) is simply and reales Kiev could handle it simply by isolating, tically inconceivable. All that is left is, in and thus suffocating, Transnistria (and a effect, the next move by Moscow and the satellized Moldova), probably in coope inevitably ineffective protests and expressions ration with Romania. Kiev could also re of concern from Brussels to follow. member that historically Transnistria was The little known developments in part of its territory – and that there are as Moldova since the early 1990s should have many Ukrainians as there are Russians in rung alarm bells in Europe and Washington. that region. They served as a model for what has been On the other hand, if Moscow’s done in Georgia recently. The “interna ultimate goal of bringing Ukraine into its tional community” did nothing as a Russophile area of control succeeds, the problem of remnant of Stalinist political mapmaking Transnistria – or of Moldova’s sovereignty was strengthened by Russian forces dis and territorial integrity – will cease to be guised as “peacekeepers”; a local puppet relevant. clique was installed, encouraged and sub Romania, albeit one of Moldova’s two sidized by Moscow; and the legitimate neighbors and ethnically identical, has government was blackmailed and threatened played a much smaller role than one could into tolerating the situation. Yeltsin’s Russia have expected. True enough, Romanian po was too weak to fully apply this pattern liticians have expressed concern, the Ro beyond Moldova, but Putin’s has now taken manian Orthodox Patriarchate has detached it to its logical and intended consequences a minority of Moldovans from under Moscow’s in Georgia, and very likely we shall see it religious authority, and Moldavians have repeated, on a much larger and more dan received scholarships and, most impor gerous scale, in Ukraine. tantly, passports, but Chisinau has resisted All the ingredients are there. Crimea any closer cooperation, military or poli has a restive Russian majority, used to tical, and, judging by this author’s ob belong to Russia (after being taken from servations, beyond a nostalgic solidarity the Ottomans), the would be “peacekeepers” that is more regional than widespread, the are already there as the Russian Navy’s overwhelming majority of Romanians do largest Black Sea base in Sevastopol, and not seem very excited about events beyond Kiev’s ability to resist is undermined by the Prut River – or prepared to do much to the large pro Russian sector of Ukraine’s influence them. They instinctively realize population, its dependence on Russian that Romania does not really need and energy and markets and the divisions in cannot really afford reunification with 3 the country’s political class. The lessons of million poor and resentful relatives, ESPE Moldova were not learned by Europe or cially if the already high cost could include Washington, and it may be too late to over a million inassimilable and hostile Slavs. apply them to the coming Ukrainian crisis. For a Europe that is largely unable to
71 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS : PIECES OF THE GLOBAL PUZZLE
Persia, a Permanent Opponent at the Gates of Europe
Ionuţ ERBA
Abstract : This article presents the main political events which have opposed Iran to the European states along history. The periods of ascent alternated with those of crisis, however, Iran has kept the glory of ancient Persians, at present being the most important actor of the political scene in the Middle East, this hot zone of nowadays. Keywords : conquest, opponent, empire, kingdom, treaties.
uring the reign of Assyrian King residence at Anshan and Parse (present Assur ah iddin (681 669 BC), the province of Shiraz), accepting the suzerainty D main attacks of the Median popu of King Astyages. The main Persian ruler, lation are attested, but they knew to oppose Cyrus the Great (556 530 BC) makes an them the force of the Scythian tribes. uprising against Astyages who becomes In 615 BC King Cyaxares attacked his prisoner. Cyrus the Great becomes the Assyria at the same time with the Chaldeans. Master of the entire Western Asia, elimi He occupied the upper Mesopotamia, kept nating the tribal formations and arriving at under obedience the Persians and destroyed the gates of the great civilized states: those the State of Urartru (future Armenia). of Mesopotamia and Egypt 2. In 585 BC the King initiated a war The Persian Kingdom destroyed the with the Lydians, establishing the frontier Lydian Kingdom of Cressus, the New at Halyes in 582 BC. His successor Babylonian Empire (538 BC) and Egypt Astyages (582 550 BC) did not resist in (525 BC). After that, Persians went on the front of the new opponent: the Persians 1. corridor of the Palestine, freed the Jews The Indo European tribes of the Persians from their captivity, allowed them to enter established their rule in mountains, at in Jerusalem re building their Temple and Parsumash (future Persepolis, North from re gaining the cultic inventory stolen by Susa), under the command of king Babylonians 3. Ahmenes (the founder of the Ahemenit The power of Persians, the greatest Dinasty), who accepted the suzerainty of force of the near East was based on an the Elamites in the 7 th century. innovator system of communication. The The successors of Ahmenes eliminated main axes named the Royal Way, from the authority of Elamites establishing their Sardes to Sussa connected the Aegean Sea
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PIECES OF THE GLOBAL PUZZLE Persia, a Permanent Opponent at the Gates of Europe with the Persian Gulf and Ancient India “intervention” of the Persians was the help (present Afghanistan). From this axes split offered to the Greek tyrants, who might two ways, one from the Plateau of Media action as mediators between Persians and and Hircania and other by desert, based on Greek cities. Hestiaios and his son in law a system of oasis from the present Aristagoras ruled the greatest city of Ionia, Turkestan. The Persian Kingdom had Miletus. The political intrigues of the first another way to the Arabia for arriving at and the attempts to independence ruined the Red Sea harbors. the peace and contributed to the Ionian Historians explained the growth of the uprising (499 493 BC) in which Miletus Persian power through the birth of the was erased from the face of Earth. Its allies “Iranian conception”: “Ride! Shoot the arch! from the European Greece (Athens and Tell the truth!” and through the experience Eubeea) will be punished very soon 4. gained by Persians from the government Between 490 449 BC, Europe knows systems of the conquered oriental states. its first intercontinental war. Persians were The Persians applied a very important defeated at Marathon (490 BC), Salamis lesson, unfortunately ignored until the 20 th (480 BC), Eurymedon (468 BC) and their century, that of ethnic toleration. allies from Carthage at Himera (480 BC). The Medians and the Persians were a It was Europe’s first major peace, small group comparing to the conquered signed in 449 BC (Peace of Kallias), people. They were exempted from paying which confirmed the first separation of the taxes, which were collected as describes influence area between the Greek world the Greek historian Herodotus (Histories, and the Persian Kingdom. book III), exclusively from the subjects of In 487 BC was created the first Eu the state. ropean defensive alliance, the Delian League The subject people were informed by which had as main objective the security the Imperial administration in their mother of the Greek world. language, which they were free to use Because Athens subdued the League, among them and in relation with the state. for confronting with its former ally Sparta, They were also free to honor their own Greece was wasted by the Peloponesian gods and to apply their own laws. It was a War (431 404 BC), gained by Sparta, but propagandistic way to present the Great giving satisfaction to the Persian Kingdom King’s “mercy”. which recovered the lost terrain from 449 BC. The main reformatory of the state was In 400 BC, 10,000 Greeks helped Darius (522 486 BC), who implemented Cyrus the Young against Persian King the system of provinces, with separate Artaxerxes, brother of Cyrus. command, military and civilian, struck the The death of Cyrus made useless the golden coins, developed the roads infra victory of Cunaxa near Babylon. structure. The Greeks lead by Xenophon went For the first time, Persian Kingdom back home almost without casualties, pre entered in contact with the European senting the real situation of the Persian civilization in 546 BC when Cyrus Empire: a colossus with clay foots. subjected the Greek cities from the coasts The ascension of the Macedonian of Minor Asia. As usual, the Greek cities Kingdom under Philip the Second and were let to develop autonomously, not Alexander the Great was the catalyst of the being obliged at the tribute excepting the idea of defeating Persians. Alexander the annual gifts for the Great King. The single Great, between 334 327 BC, had a great
73 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONFLICTS AND THREATS: Ionuţ erban expedition against Persians, creating a Muslim Rule, contributing to the religious Great Empire on two continents which did unity of the Empire. not survive his creator who died in 323 BC. The Arab Conquest will impose The conflict between the generals of the organization of the Caliphates until Alexander the Great finished in 301 BC 1322 when the Ottoman Empire was after the battle of Ipsos after the death of founded by the Warrior tribes of Turks. Antigonos, the last exponent of the Im Controlling the Persian Area, the Turks got perial Monarchy 5. for their Emperor (Sultan) the ancient After the end of Hellenistic Dynasty name of Padishah (King of the Kings) 9. from Seleucia, a tribe subdued by Persians In the 18 th century Iran was a state took over the initiative of Persian recovery in decline. In 1747, after the fall of the and creates the Parthian Kingdom under Empire of Nadir Shah, the power is taken the Dynasty of the Arsacids and Sasanids. by the Turks of Muhammad Shah who is The new state confronted with Rome, killed under the influence of Russians the first state which created a European (1797). Empire. After the defeat of Crasus at Carrhae Persia, wanted by both the (54 BC), all Roman Republican leaders Russian and English Empire ceased to be a and Emperors (Traian, Hadrian, Septimius great power, but succeeded to avoid the Severus, Caracalla, Macrinus, Severus colonization. Napoleon helped Persia to Alexander) confronted with Great Parthian organize its army, but since 1809, Persia Kings as Chosroes I (107 130 AD), gave all its attention over England, which Vologese II (130 148 AD), Vologeses IV helped it avoid the Russian domination 10 . (191 208 AD), Vologese V (209 222 AD), In 1809, the British Government Artaban V (222 226 AD) 6. obliged the Persian Shah Fath Ali to cease Between 226 272 AD, the Parthian the diplomatic relations with France, State was conducted by the Sassanid because Napoleon had the intention after Dynasty on centralized bases. All Roman the Treaty of Titlist (1807) to attach India. Emperors as Maximinus, Philip the Arab, During the period 1804 1813 the Russians Valerianus, Gallienus, Decius, Claudius won a war against Iran imposing the treaty Gothicus and Aurelianus fought with the of Gulistan, in which Persia lose Christian Sassanids 7. provinces of Georgia and the Muslim With Diocletianus and Constantine the provinces of Shriven and Dagestan. The Great a new state will appear, the Russian imposed a new treaty on April 2 nd , Byzantine Empire. After the division of 1828 when Persia lost Armenia. the Roman Empire in 395 AD, at the end In 1834, Russia follows the idea of the of the reign of Theodosius, it was the neutrality of Persia concluding a treaty in Eastern part of the Roman Empire (the which they recognized the independence Byzantine Empire) which confronted with of Persia. the Parthians until 651 AD, when the Muhammad Shah (1834 1847) will Sassanid organization was replaced with try to take back the Afghan region of Herat the religious one, that based under the in 1837 from British, which was attacked Muslim faith founded by Mohammed firstly in 1816 and the second time in 1833 since 622 AD 8. when he was the heritor prince. The Byzantine Empire punished the A new attack against Herat will be Jews who helped the Persians and rejected stopped by British between 1852 1856. the Monophysits, who preferred the 74 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
PIECES OF THE GLOBAL PUZZLE Persia, a Permanent Opponent at the Gates of Europe
Confronted with religious problems Persia leader of Iraq with the help of American recovered after 1852 11 . government was gained by the Iranian forces. In 1839, the former Persian province During the Gulf crisis, from 1990 to of Gedrosia, independent at the half of the 2003, Iran was a strong political and mili 18 th century, was occupied by British as tary force. The Iranian militia fought in protectors in 1854. In 1879, at the treaty of Syria, South of Lebanon, against the in Gandamak they decided to make the terests of Israel. annexing of Gedrosia, finished in 1887. Today, Iran is the most powerful state Great Britain succeeded to impose the in the Middle East, the “red point” on the domination in Persia imposing its domi world’s political map which has a great nation in Bahrain, protected between 1870 army, an ultra modern infrastructure, accused 1888 and annexed from 1914. by producing the atomic bomb, trying to British took all the main economic regain the glory of the ancient times. fields from Persia under their monopoly (telegraphic communications 1863, tobacco otes 1892, oil 1909) and took half of the money 1 Horia C. Matei, O istorie a lumii antice , of the foreign companies from Persia, in Eminescu Publishig House, Bucharest, 1983, the London Treasury. pp. 34 35. 2 From 1907, British and Russians Pierre Levecque, Istoria Universală, Rao conceived a treaty on the recognition of Publishig House, Bucharest, 2005, p. 313. 3 Ibidem , pp. 335 337. Persian independence under their influence. 4 rd Adelina Piatkowski, O istorie a Greciei After a riot in 1908, on June 23 , Antice , Albatros Publishing House, Bucharest, British, Russian and Turk troops invaded 1988, pp. 147 150. Persia throwing the king and replacing him 5Ibidem , p. 235. with his son Ahmed Ghan (1909 1925). 6 Eugene Albertini, L’Empire Romain , Paris, The Russian Revolution from 1917 Libraririe Felix Alcan, 1936, pp. 231 232. obliged Russian to withdraw from Persia 7 M. Cary, J.Wilson, A Shorter History of Rome , which became entirely dominated by British, MacMillan, New York 1963, pp. 297 299. 8 getting its independence under the “eternal Emanoil Băbu , Aspecte ale istoriei i protection of England” on August 19 th , 1919. spiritualităţii Bizanţului , Sofia Publishing House, Bucharest, 2003, pp. 143 144. Iran declared war in 1943 to the Axe 9 Serge Berstein, Pierre Milza, Istoria Roma Berlin forces, occupied by the Russians Europei , 2 nd , European Institute Publishing who organized the allied conference in House, Ia i, 1999, pp. 89 95. 12 Teheran (December 1943) . 10 J. Thibault, Istoria universală , 3 rd In contemporary age, the Shah Mo volume, Rao Publishing House, Bucharest, hammed Rheza Pahlevi celebrated 25 2005, p. 148. centuries of Iran by a monumental cere 11 Ibidem , p. 157. 12 mony in 1971. Shah Mohammed used the Duncan Townson, Dictionary of Modern huge reserves of oil to engage Iran on the History , Penguin Books, London, 1994, pp. international political scene, but the spiri 342 344. tual leader, Ayatolack Komeini started the
Islamic revolution which gained the vic tory in 1979, throwing away the Shah who left the country dying into exile. Between 1981 1989, the war against Iran, conducted by Sadam Hussein, the
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Government Instability Indicators and the Exercise of Limited "Consensus" in Post Communist Romania (1992 2004)
Anca Parmena OLIMID
Abstract : The article aims at understanding the political phenomena of the Romanian transition, particularly, starting from post December government instability. The article proposes a chronological approach of governments starting from specific indicators of government instability. The central idea of the study is that political instability is a dependent variable of economic and social instability. Keywords : government instability, limited consensus, duration of government, optimal report.
uring the 1990s post communist paralysis of centralized, unified command” 2 societies faced similar challenges (italics added). D at the level of executive govern In recent years there has been an ment. Since the early studies of Rosenthal increased interest in analyzing the effects (1978), political science literature’s focus of political instability in post communist is on the different continuums of political Romania. The cabinet structure, the period stability. The literature argued that “political of governance, the reasons of termination stability, political order and political struc of a government represented persistent ture belong to a single category of political variations over the period examined. concepts. One may call it the category of However, in spite of the mounting interest, time oriented political concepts. Political a close look at the socio political situation stability indicates that a political phenol of Romania suggests the vulnerable notion menon (unit of analysis) has stood unal of political instability . tered throughout a period of time” 1 (italics This article is an effort to look at the added). indicators of political instability (redefined From an empirical standpoint, Jose as Government instability) in an unconso Casanova argued “the greatest threats to lidated democracy. The issue of political political stability are likely to result from stability in post communist Romania must excessive democratization, that is, from of course be analyzed in relation to the internal cleavages, hyper mobilization, the challenges of reform and the sources of the overload of social and political demands, limited consensus in government coalition and the ensuing crisis of governability of in Romania (1992 2004). The methodo 76 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Government Instability Indicators and the Exercise of Limited “Consensus”... logy of the study concerns the dynamics The period 1990 1996 covers the first underlying political instability in any post period of government by the left of centre communist society but with the determi National Salvation Front (NSF) and its nants within all national political systems 3. successor, the Party of Social Democracy Svante Ersson and Jan Erik Lane introduced of Romania (PDSR) 7. However, Roman’s new concepts of political stability that are successors, Theodor Stolojan and Nicolae suitable for the description of the cross Văcăroiu, vary from public hostility to sectional and longitudinal variation in basic radical, both pursued gradualist reforms aspects of the political systems of Western involving the phased removal of price Europe. The analysis of standard indicators control, an ineffective system of priva on political instability applied to European tization and insignificant structural reforms. data revealed six properties: public sector András Bozóki and John T. Ishiyama deficit, inflation, government change, party argued that while it is often taken for system volatility, violence and protest 4. granted that the structure of government is Citron and Nickelsburg (1987) pro reflected in the structure of the economy 8. pose a different model for the study of In the case of Romania, resistance to political instability. The model of country reform in the first years after the failure of risk incorporates economic and political the communist regime not only raised variables referring to a standard equation; questions about the economic reform, but the political instability indicator is proxied also about the profound implications for by the number of changes of government the democratic institutions. over five years (the study showed that when In 1996, Romania voted out of office a government is characterized by instabi President Ion Iliescu and elected in his lity,”the increase in government welfare place Emil Constantinescu who represent through spending depends essentially from ted the Romanian Democratic Convention domestic purchases” 5. (CDR), the largest coalition of opposition In order to test the government insta parties 9. The Convention’s first Prime bility in the period 1990 2004, we introduce Minister was Victor Ciorbea. The govern two standard indicators of the institutional ment was a coalition between CDR, the stability that can explain changes in go USD and the UDMR (themselves coalitions) 10 . vernment coalition: From the beginning it has to be acknow a. the duration of a government ; ledged that this heterogeneous coalition b. the optimal report among the cabinets of was made of political actors with different the mentioned period 6. We adopt this focus memories, histories and different political as it provides the most significant in convictions. sights into the issue of political stability, Under these circumstances in December of how and why governments succeed. 2000 the ex communists returned to power (the Social Democratic Alliance in coa Government Organization 1992 2004 lition with the Romanian Social Democratic Yet, although the process of institu Party and won 37% of the seats in Parlia tional building is still very much unfi ment). The most striking change between nished, the foundation established in the the two elections was the collapse of the last 18 years represents the basic direction centre right Democratic Convention (CDR), taken seems to be one conductive to a which had been the centrepiece of the political instability. post 1996 governing coalition 11 . The new administration was sworn in on 3 January
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2001 after having signed agreements with However, in a new democracy, where a number of opposition parties 12 . government stability and effectiveness are still in question, the literature falls into Determinant Indicators of three groups to explain the variation in Government Instability government duration: features of parlia menttary cabinet government (type of go a. Duration of government vernment, ideological composition of go In the literature on comparative go vernment, parliamentary support); institutional vernment’s stability it is a much features (plurality, structure of parliament, contested notion (most of the authors executive power of the Head of State); using duration as meaningful ‘proxy’ party system features (the ideology of the for stability 13 ). This indicator of exis relevant parties, the degree of polarization) 14 . tence of a political stability refers to More specifically, column three shows the the ability of each govern to pursuit difference in number of days in govern the social and economic program re ment. The intervals measured show the forms. We consider 4 years as a nor unequal number of days in government mal period of government (1461 days). (from 491 days for Ciorbea Government up to 1489 days for Văcăroiu Government).
Table 1 Duration of governments in Romania (1992 2004)
Government Period of governance Duration of government
icolae Văcăroiu 13 December 1992 10 December 1996 1489
Victor Ciorbea 11 December 1996 15 April 1998 491
Radu Vasile 16 April 1998 13 December 1999 616
Mugur Isărescu 14 December 1999 12 December 2000 366
Adrian ăstase 13 December 2000 21 December 2004 1469
ote : Duration is measured in days. The number in the last column ( average duration ) indicates the report between the effective and the normal period of government.
There are five governments listed in They also suggest that the reasons of Table 1, but only two governments pro termination of a government is the main vide a very high rating of political stability dependent variable of interest. A close look (Văcăroiu government 1489 days and to reasons for termination of a government Năstase government 1469 days). Ciorbea shows that in only two of the cases elec government and Isărescu government, for tions are the reason for termination of a example, score lower than might be expected. government in the mentioned period This could reflect the problems governing (Văcăroiu government and Năstase government central institutions. account 40% of all cases). 78 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Government Instability Indicators and the Exercise of Limited “Consensus”... b. The second is the optimal report . The ment (1461 days). In pursuit of this last term “optimal report” is commonly issue the paper indicates that we establish used to express the report between the government stability when this report tends normal period of government and the to 1; but if the value of this report tends to effective period of government. This 0 we establish govern mental instability 15 . is an interrelated and determinant The optimal report is a dichotomous indicator for the institutionalization of variable which takes on a value of 0 under a democratic legitimacy. a governmental instability and a value of 1 As we already mentioned, we con when the period of governance takes place sider 4 years as a normal period of govern under political stability 16 .
Table 2 1st Period of governance (13 December 1992 10 December 1996)
Duration of Average Government Period of governance government duration
icolae Văcăroiu 13 December 1992 10 December 1996 1489 1,02
According to table results, the level of transitional democracy. As indicated bellow, government stability is very high. In this the average score for Văcăroiu govern respect, the Văcăroiu government appears ment is significant higher that for the rest to be almost a paradigmatic model of the of the period.
Table 3 2 nd Period of governance (11 December 1996 12 December 2000)
Duration of Average Government Period of governance government duration
Victor Ciorbea 11 December 1996 15 April 1998 491 0,33
Radu Vasile 16 April 1998 13 December 1999 616 0,42
Mugur Isărescu 14 December 1999 12 December 2000 366 0,25
Nevertheless, the November 1996 diately after 1996. The numbers in the fourth elections in Romania marked the demo column represent the average, minimum cratic consolidation of the country since (Isărescu government) and maximum (Vasile 1989. The lack of a clear majority in government) for the period 1996 2000. Parliament meant that every bill had to be The table also shows that very no sub negotiated. The analysis of optimal report stantial variation in numbers for the cabinets data shows that there is indeed a high risk in the same period (from 0,25% up to of government instability backsliding imme
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0,42%). However, the table shows that the around 1999 2000. As already mentioned results for the three cabinets are similar bet in this introduction, the scores are valuable ween 0,25% and 0,42%. Isărescu govern for the analysis of the political instability. ment has the lowest value of the period
Table 4 3rd Period of governance (12 December 2000 21 December 2004)
Duration of Average Government Period of governance government duration
Adrian ăstase 13 December 2000 21 December 2004 1469 1,01
The table shows that Năstase govern 4 See Svante Ersson, Jan Erik Lane, Political ment has one of the highest scores of the Stability in European Democracies in “European period (1,01%). The table also indicates Journal of Political Research”, Volume 11, Issue 3, pp. 245 264. that the average duration of Năstase govern 5 ment is quite similar with the average Apud C. Zopounidis, K. Pentaraki, M. Doumpos, A review of country risk assessment approaches: duration of Văcăroiu government. ew empirical evidence in Constantin In conclusion, the two following par Zopounidis, Panos M. Pardalos , Managing in ticular hypothesis are related to political Uncertainty: Theory and Practice , Dordrecht, instability: Kluwer Academic Publishers, 1998, p. 11, 1. Under a situation of crisis, political 6 It should be noted that in the literature the instability is to be expected; conceptualization of party government focuses 2. Political instability may still be predicted, exclusively on cabinet government (the core of given the following analysis: under government regards decision making with standing the reasons behind frequently respect to the control of ministries (See Jaap changes of government are important Woldendorp, Hans Keman, Ian Budge, Party Government in 48 Democracies (1945 1998): in any democratic context. The varia Composition, Duration, Personnel , Dordrecht: tions of the period of governance have Kluwer Academic Publishers, 2000, p. 16). a significant effect on the level of 7 David Phinnemore, The EU and Romania: concentration of the government authority. Great Expectations , London, The Federal Trust for Education & Research, 2007, p. 32. otes 8 András Bozóki, John T. Ishiyama, The Communist 1 Uriel Rosenthal, Political Order: Rewards, Successor Parties of Central and Eastern Europe , Punishments and Political Stability , Alphen aan New York, M.E. Sharpe, 2002, p. 395. den Rijn, Sijthoff & Noordhoff, 1978, p. 48. 9 Ibidem , pp. 32 33. 2 Jose Casanova, Ethno Linguistic and Religious 10 Steven Roper, Romania: The Unfinished Re Pluralism and Democratic Construction in volution, London, Routledge, 2000, pp. 82 84. Ukraine in Barnett R. Rubin, Jack L. 11 Grigore Pop Eleches, Whither Democracy? Snyder, Post Soviet Political Order: The Politics of Dejection in the 2000 Romanian Conflict and State Building, London, Elections , Institute of Slavic, East European, Routledge, 1998, p. 84. and Eurasian Studies, 2001, p. 5, http://reposi 3 James Chowning Davies, James Davies, tories.cdlib.org/iseees/bps/2001. When Men Revolt and w hy, New Jersey, 12 A Political Chronology of Europe , London, Transaction Publishers, 1997, p. 231. Routledge, 2001, p. 256.
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ACTION AND REFLECTION Government Instability Indicators and the Exercise of Limited “Consensus”...
13 Jaap Woldendorp, Hans Keman, Ian Budge, Romania is explained by the varying changes in op. cit, , p. 77. the number and character of governments in 14 Ibidem , p. 78. most of the countries in the region Cristian 15 Răzvan Grecu, Instabilitatea guvernamentală Preda and Răzvan Grecu report similar scores în România postcomunistă in „Studia Politica. with respect to governments in the mentioned Romanian Political Science Review”, Volume period. For more see, Cristian Preda, Sorina I, no. 3/2001, p. 792. Soare, Regimul, partidele i sistemul politic din 16 The lack of interest in political science litera România , Bucure ti, Nemira, 2008, p. 129; ture to the government stability in post communist Răzvan Grecu, op. cit., p. 792).
81 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA : ACTION AND REFLECTION
Standard of Living and Quality of Life in Romania
Marieta STA CIU Carmen PUIU
Abstract : Standard of living expresses the situation of a country, as well as its various segments in close liaison with the growth of economy, with sustainable economic development and welfare theory. The appreciation of the standard of living is achieved by means of economic and social indicators, living standard is a main component of the quality of life. Keywords : way of life, standard of living, quality of life, welfare, development strategies.
tandard of living is a "social ties, and their sizes. Indicators for assessing economic indicator that expresses compatible in concept, statistically and inter S all goods and services that a person pretative are: can provide with its income. The standard Economic development. of living expresses the situation of the Services development. population that exists in a country, as well The existence of a public sector to as its various segments in close contact allow maintenance in decent limits the with the economic growth, with sustainable standard of living in critical periods. economic development and welfare theory. Development of education. The new design approach on the standard A certain report on employment in of living is called the Issue of Equal Oppor industry / agriculture. tunities and the Equality of Opportunities. A large amount of spending directed The level of life expresses their satisfaction towards social welfare. with the needs of the population and is The appreciation of the standard of found as the fundamental indicator in living is achieved by means of economic social policy, concept approaching the indicators (GDP per capita, income distri human condition, social position, lifestyle, bution, the price level) and social (education, culture, values and aspirations, in connec health, employment and quality of life, free tion with possibilities of meeting the needs time, accessibility to goods and services, of the population. the physical and social environment, per Living standard assumes a certain me sonal safety." 1 thodology of the research and measure The concept of standard of living ment components, operating indicators and refers to the satisfaction of the needs of the analysis of economic and social inequali people in relation to the volume of goods
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ACTION AND REFLECTION Standard of Living and Quality of Life in Romania and services that they can provide with the quality of life as an organic component of help of the obtained incomes. the material and cultural living of the Living standard, in general, reflects population. the contribution of economic activities that Paradigm of life quality has emerged meet the main needs for the members of as a necessity, as a response to a crisis of society. In the indicators system that is growth, specific to present society, and its used to determine the living standards of diverse issues is determined so of the high people in a country or of different social degree of economic development, as well classes, the largest share is represented by as economic conditions of underdevelop the level and evolution of incomes, the ment, so the possibilities of economic growth level and evolution of prices and tariffs, in future, and its limits, emphasized by the the level and structure of consumption of current state of present, worldwide eco goods and services , the employment and nomy development. living conditions. The quality of life can be defined as Because the complexity of the human the value for a man of his life, provided being led to an analysis not only of ob that the conditions of human life offers the jective factors, economic summarized in opportunity to meet many of its needs, the the concept of standard of living but also degree to which life is satisfactory for of the reflection on the subjective degree humans; in this way the quality of life is as of satisfaction or dissatisfaction over living a relationship between the existing state conditions, was developed on the philo and its assessment by the population 2. sophical line as a complement the concept The concept of quality of life, with its of standard of living, the concept of happiness. entire issue and the flags and targets that It is known that this philosophical concept are associated, is a practical way of ope reflects a subjective state that everyone rating the endpoint of sustainable human aspires to, but it should pursued on what development: the development of man and extent the existing life causes determine through man. feelings of satisfaction, balance and reali The concept of human development zation of human personality and what must has emerged as an objective necessity to the man do, because in certain conditions develop an alternative approach to deve of life, or at a certain level of living he lopment, promoting various aspects of human should maximize its satisfaction to live. In welfare, beyond economic ones. Thus, the general, researchers tend to define the objective of human development far ex standard of living through the quantifiable ceeds the definition of development in a elements of life. strictly economic sense, by highlighting Limits of living standards depend on the need to situate people, needs, aspira the level of economic development of each tions and capabilities in the center of any country, the degree of participation in the development effort. labor process, skills and the quality of Human development, in terms of sus work submitted, as well as the position of tainable development should be lead to an each person compared to the sources of improvement in the standard of living, income. reflected by increasing the quality of life of Starting with the 6tb decade of the people. twentieth century, the concept of living In close connection with the concept and associated concept of quality of life, of human development is the concept of allowing the later idea that mainly includes quality of life. Life quality reflects the
83 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Marieta Stanciu, Carmen Puiu status of a welfare society, including a of economic standard, which led to the series of economic and non economic emergence of a human crisis of growth issues, quantitative and qualitative, which and economic development. together determine the content of an The concept of quality of life, arose individual's life. Quality of life of each from the need for reorientation of the individual in part contributes to the quality whole process of economic development of life in a society. The report can only be to meet human needs, has seen numerous from the individual to society; aggregated approaches that departed it from the doc indicators reported to the number of in trinary purposes, with contrary effects to habitants do not provide the same degree those involved, in fact, an actual research of accuracy and representativeness as the of quality of life by putting an equal sign private individual situations. between this and some specific dimen The first concerns regarding the con sions, such as economic standard, health status, cept of quality of life occurred in the 70s degree of social integration, welfare, satis of the twentieth century and was a re faction etc. assessment of the level of development The first step towards a new approach reached by the society, by removing the to development strategies was represented exclusive economic perspective on social by the awareness of the negative features life and the assessment of society deve of a model determined by economic growth, lopment. The innovative importance of the which was the birth of the concept of qua concept and of its substance were then quickly lity of life that has received the task to taken over by the scientific community, solve the social, economic and ecologic becoming in a very short time on of the crisis of contemporary society. The insuffi strong ideas of social and human subjects, ciency, of the human signification was known, and one of the key terms of many of the meaning economic growth of Keynesian programs of social development, being fre type, awareness stimulating different attitu quently used in the political and ideo des, ranging from destructive denial until logical language. the to re designing of contemporary society 3. In the domain of quality of life re Introduction of the human element in sources, first steps have been completed in the equation of economic thinking opens countries with a developed economy, the the way to achieve economic human deve aim being to see ratings that people do lopment by stopping the firm trend of the about their lives, from the state of frus economic subsystem to require only its tration of individuals against the human specific values of social system, but there weaknesses development, in relation to the must be made a distinction regarding the development degree and expansion of values of economic subsystem that do not development. necessarily have negative effects on This difference between high rates of society, as long as they do not replace the economic growth and a weak performance entire axiological society ensemble. The on quality of life occurs because wealth is issue that goes on is to mobilize in such a not equitably distributed, because the way, human resources and materials avai phenomenon of poverty is present in the lable to the society concerned, so as to companies with a large degree of econo obtain an economic growth that would have mic development, but mostly because the as an end, the welfare of the individual and expectations and evaluations of people are society, establishing a standard of living different, even if they are at the same level which is satisfactory for all its members so 84 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Standard of Living and Quality of Life in Romania as to solve major social and human pro sole solution in the collectivities of achie blems that they face. The idea of quality of ving personal wealth. life provides even here, the perspective of Quality of life of people is evaluated, guiding much clearer to the whole process; primarily, by elements such as economic a more efficient use of natural resources, a wealth, but they no longer represent a friendly behavior in relation to the environ single condition to express this indicator: ment, maximize the quality of life in the considerations of social and ecological process of transition to human society nature become increasingly important. through sustainable human development. It is important to ensure for all commu To provide a perspective and a clear nity members a minimum standard of li social and human end, economic develop ving, decent, civilized by tapping the ment and therefore establish an appropriate collective welfare state which allows the strategy with regard to increasing the qua extension of the range of possibilities of lity of life is necessary to explore and access, for each individual, at the resources formulate human needs so as to achieve needed for a convenient standard of living. the maximization of objective and sub Negative social conditions that are jective conditions of satisfying all human found in the present on a global level such needs of all human for man to live safely as excessive social polarization, poverty, and in a civilized manner. insecurity of life, personal insecurity, pro Knowledge of human need, through blems related to resources availability (pro their awareness of each individual, the vision of food, of an adequate housing, possibilities and methods of meeting them, access to means of training, social absence) by raising living standards, an essential and meet basic human needs put in the component of the increase in the quality of background other components of quality life, is a sine qua non of improving the of life and make the problem of economic organization of the entire society, the resources to become a primary concern. organization that represents itself a source The importance of economic dimension of great significance for improving the of the quality of life results, also from the living environment, so the increase in the fact that access to resources for the deve quality of life itself. lopment of human capital and expanding The concept of quality of life can be opportunities for access and involvement evaluated properly only if they have the of individuals in social life are limited, dimensions simultaneously economic, socio although access and availability of such logical, psychological and environmental resources determines, in turn, the freedom styles of life, but of these, only two di of people. mensions underlying the concept of qua Even in practice it was observed that lity of life, economic and social dimen the economic development and growth or sions that interpenetrate and form a whole, the economic dimension of quality of life which must seek the insurance of a the is obtained with smaller final cost and much collective welfare, supporting concerns for easier for people better educated, fed, heal economic growth so that the social thy, which makes the fight against poverty, objectives are finalized. the cause of degradation of social and physi In regard to the economic dimension cal environment, to constitute an impera of the concept of quality of life, it remains tive objective for ensuring a healthy civil extremely important, although it is not the society and to achieve greater social
85 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Marieta Stanciu, Carmen Puiu stability , as a good environment to ensure factor (charge) includes psychological, the necessary level of living conveyable. sociological and anthropological components In regard to the social dimension of as belonging to a community, the need of quality of life, a series of social objectives esteem, auto actualization, love, affection, should be considered to cover such issues components that are difficult to quantify" 4. as diverse of the existence of human life, The need of measuring economic and both of the individual seen as an entity, social parameters of quality of life has a and of collectivities of people: dual purpose: Ensure all community members a mi first to assess the extent to which hu nimum standard of living, decent, civi man needs are met, the level of dis lized by tapping the collective welfare tribution of wealth and secondly to state to allow expanding the scope of estimate their significance in relation possibilities of access, for each indivi to the quality of human capital; dual, the resources needed for a con and two the extent in which it is a venient standard of living. prerequisite for economic development, Diagnosis as clearly of needs of the which signifies an overall assessment population, needs required by an exis of social status, including the quality tence characterized by the well being, of economic growth, providing infor due to awareness of the limitations and mation on critical areas, of importance economic constraints, and especially to the living level and of interest in so of environment that humanity faces at cial policy and also for economic policy. the global level, so as to promote In essence, these objective measure community level rational consumption, ments and analysis is the needs of the people without squandering over the needs of and general issue of living standard, as an living. essential component of quality of life, to Use of non economic resources life which is found in relationship from part to quality growth, resources that did not the whole. Also, by measuring the quality consist of primary economic products, of life, the human condition will be assessed but that may entail some economic in the social reality. costs, relatively low. As for the indicators used, the most Starting from the economic and social sensitive are objective social indicators which dimensions of the concept of quality of life have a number of disadvantages whereas in the process of achieving that wish, the they do not provide information on the society must overcome two obstacles: the perception, at the discretion of individual first is the economic dimension and is re or social group of a phenomenon or social lated to improving the whole economic process, this information is only given by activity, and the second is the social dimen subjective indicators allowing another sion and regards the streamline of the orga vision of reality. nization and social management. As such, more and more national and Often, “the quality of life is regarded international organizations (such as the as an output, consisting of two factors – United Nations Development Program and input with Aggregate character: factor physi World Bank) base their statistics and assess cal (material) and spiritual factor. the level of development and economic Factor (the charge) physically, that is growth as well as the dimensions of life the material which consists of quantifiable quality on the results achieved on the social goods and services, while the spiritual level, as has been noted that the economic 86 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Standard of Living and Quality of Life in Romania process is deeply and strongly influenced tual labor, living standards and quality of by poverty, widening inequality in society, life of individuals are different. the low level of education and access to 2. The quality of working conditions is education, health, low employment, especially given by the use of all resources of among youth, juvenile crime which increa their work according to skills, work ses alarmingly, etc., all these represent so place safety, labor protection and security, cial phenomena that are found globally. combating monotony, duration of the The issue of human development is work rest. not the privilege of each country separa 3. The size of revenues is a prerequisite tely, but outlines a problem with global of a certain standard of living and implications. The world countries can not quality of life. Based on the income of be indifferent to the problems faced by a person, family, social group, goods and other countries, whereas the balance in the services are procured to meet needs. global economy is very fragile and tense 4. The size and structure of consumption situations may move rapidly along the is that part of the standard of living border. A sustainable development must and quality of life, which depends, on be harmoniously conceived on a world a crucial way, the need to satisfy various wide level, to not marginalized or exclu physiological, social and spiritual needs ded groups of individuals, at present, the of the population. In close connection advances in science and technology pro with economic development, the level gresses rapidly and is expanding rapidly, of consumption also progresses. so that new technologies become available For the various components of con to the poorest of people. The problem is sumption, evolution takes place at different still the one of accessibility from financial rates, which lead to changes in its struc point of view, as new goods and services ture, to reduce the share of food consumption or technologies are very expensive. and increase the share of consumption of There are a number of indicators with non especially durables goods. general standard of living and quality of 1. Living conditions and their quality, life 5: contributes to the satisfaction of needs, 1. The quality of the environment ex the physiological and psychosocial presses the conditions of developing a functions of the individual and his fa normal life. In conditions in which the mily, such as providing the framework quality of the natural environment is for the rest, raising children, etc. The not a threat to biological integrity of quality of housing conditions depends the human being, the demand for the largely on the level of economic quality of natural environment remains development. similar to that of goods and services. 2. The health of the population represents The main demographic indicators , na good general state of physical, psycho tural increase, childbirth, the structure by logical and social nature which is the age group, family stability, the balance support of the physical and intellectual between population growth and economic development of the population, the development, have a decisive importance ability to exercise employment and for human beings. As long as there are development capacity for physical and quantitative differences between rural and spiritual growth of the human being. urban areas, between physical and intellec Health is conditioned by the satisfac tion of other priority needs such as
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food, clothing, rest and recreation, processes, sustainable development and physical culture and sports, education, etc. human development, quality of life can be 3. Training, education and culture are considered the effect and measure of econo indicators of great importance in eva mic and social progress, as progress in man. luating the standard of living and In a number of key areas the inter quality of life. The degree of training, vention became necessary by policies that education and culture, depends on the strengthen the link between economic quality of labor, goods and services growth and human development. created, the quality of social and inter Government intervention should be human relationships, the intensity of simultaneous, both in favor of accession participation in the scientific, cultural and integration into the EU, both of human and artistic life, social institutions development, to create a new dynamic of function, efficient management. change in Romania, which solves the pro 4. The quality of socio political environ found inequalities at the human level and ment is given to how they are pro to create a fair, competitive and productive vided conditions for achieving civic society. Human development policy should freedoms, in which people are free to include a wide range of targets, such as per think freely, to express their views, capita income growth, improvement of health and to capitalize on their own beliefs services, developing opportunities for edu the physical and intellectual skills, to cation, citizens' access to resources, promo manifest itself freely in all areas of ting the participation on a more widely le social life. vel in public life and creating a clean en As a concept focused on ensuring the vironment. welfare of human like finality individual The strategy for human development or collective life quality, it is desired for it in terms of accession and integration into to become a mirror which reflects the the European Union strengthens the link social status of a mass, without reducing between economic growth and human deve the image at the residence, ways of life or lopment. This strategy highlights, on the lifestyles that are reduction concepts, con one hand, the way in which economic growth sidered insufficient and partial which focus can promote human development, and on on the economic dimension of the concept, the other hand, how human development for a complete image is imperative that in can promote economic growth. Therefore the equation non economic and social pro any response that supports the economic cesses are introduced, guiding the eco integration process, but the process of human nomic dimension to achieve desired social development, must include two key objec results of the community. tives: equitable distribution of wealth and This acknowledges that currently study optimal use of available resources. ing the quality of life of people should go to social facets of the concept which com ote bines the levels of micro, mezo and macro 1 *** Dictionary of Economics , Second social; more exactly it starts from the indi edition, Economic Publishing House, Bucharest vidual and then move on to different social 2001, p. 308 groups and human communities, to reach 2 Catalin Zamfir (coord.), Indicators and society as a whole 6. sources of variation in quality of life , Since the contemporary development Romanian Academy Publishing House, 'manifests as the establishment of two Bucharest, 1984, p. 23. 88 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Standard of Living and Quality of Life in Romania
3 Ion Rebedeu, Catalin Zamfir, Way of 5 Marin Băbeanu, George Pirvu, Political living and quality of life , Politics Publishing economy , Europe Publishing House, House, Bucharest, 1982, p.97. Craiova, 1998, p. 269 270. 4 G. Lucuţ, Sorin M. Radulescu, Quality of 6Ioan Marginean, Significance of research life and social indicators , Publishing on quality of life , “Quality of Life Luminalex 2000, pag.60 magazine”, no. 1 2 /1997, p. 16.
89 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA : ACTION AND REFLECTION
The Principle of “Equal Pay for Equal Work” in Community Norms and Romanian Legislation
Roxana RADU , Cezar AVRAM
Abstract : The « equal pay for equal work » principle finds its source in the larger principle of non discrimination among employees. This principle is stipulated in Article 141 (former Article 119) of the Treaty of Rome and in Directive 75/117/EEC. Thus the employer is forced to ensure the equality of remunerations among all the employees within an identical situation, the identity of the situation being appreciated based on the qualification and length of service as well as on the work accomplished by the employee. Within the Romanian legislation, Article 154 paragraph 3 of the Labor Code stipulates on the ban of pay differences on grounds of sex, sexual orientation, genetic traits, age, nationality, race, color, ethnic origin, religion, political opinion, social origin, handicap, family situation or family responsibility, affiliation to or union activities. Keywords : employment right, salary, work, discrimination, directive, policy, law.
European Law and the Equal Pay the European legislation is the result of the Directive fact that historically men have been paid a higher salary than women based purely on he most significant employment their gender and the fact that they were right is the right to equal pay. This seen always as the family “breadwinner”. Tright results from the principle Besides this fact, there are many reasons “equal pay for equal work” in according for this historical inequality: the concentra with which individuals doing the same tion of women in certain job roles, the work should receive the same remunera concentration of women in part time roles, tion regardless of their sex, race, sexuality, childcare requirements, women missing nationality or anything else. The right to out on promotion opportunities due to equal pay between men and women is maternity leave 1. This phenomenon of lower another anti discrimination measure akin paid women work is influenced by such to the right not to suffer discrimination on factors as the size of the organization (the the grounds of sex. larger the organization the higher the pay) The equal pay principle aims to ensure and location (those working in capitals and that men and women who are doing the the big cities receive more). Another factor same or similar work are paid the same is the over representation of females in the wages. The stipulation of this principle in lower sized jobs, such as personnel assis
90 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION The Principle of “Equal Pay for Equal Work” in Community Norms and Romanian Legislation tant. There is also the impact of personal pay in 1975” 3. The Equal Pay Directive of choice, females may opt to work in more 1975 expands upon article 141 stipulating “worthwhile”, but lower paid, voluntary that the principle of equal pay means that and public services sectors. Also, the vo “for the same work or for work to which luntary and public sectors are often re equal value is attri buted, the elimination garded as offering a better work–life balance. of all discrimination on grounds of sex This evidence indicates that a “one size with regard to all as pects and conditions fits all” enforced approach will not be appro of remunerations”. The Directive also priate and all these factors need to be states that where a job evaluation scheme examined in a holistic way 2. Rather, orga is used for determining pay, it must be nizations need to be encouraged of the based on the same criteria for men and business benefits of ensuring a bias free women and be drawn up so as to eliminate way of rewarding and recognizing contri any discrimination on the grounds of sex 4. bution and think about the approaches that It therefore establishes certain controls, most make sense in their individual cir requires an effective appeals system and cumstances. Equal pay legislation is just provides a much stricter framework within one part in the jigsaw of legislation which each member state has to apply the policy. seeks to remedy these inequalities. Article 119 of the Maastricht Treaty The principle of equal pay for equal provides equal pay for equal work irres work originated in Europe and can be pective of sex. There was certainly no found within Article 141 (formerly 119) of difficulty in applying Article 119 where the Treaty of Rome which provides that the facts clearly showed that a woman men and women should receive equal pay worker was receiving lower pay than a for equal work. Article 141 states that “Each male worker performing the same task in member state shall… ensure and sub the same establishment or service, whether sequently maintain the application of the public or private. But the difficulties appeared principle that men and women should re when differences in the type of work, wor ceive equal pay for equal work”. This king conditions or the organization of wor article was included into the Treaty of king time seemed able to justify indirect Rome at French insistence because France discrimination. The Case C 33/89 Kowalska already had a legal regulation in this field showed that, in respect of benefits arising and its industrial costs were assumed to be from a collective wage agreement, the terms generally high. This stipulation of the of such an agreement may be contrary to Treaty was received with a noticeable lack Article 119 if they indirectly discriminate of enthusiasm but the situation improved against women and cannot be objectively since the 1970s. “Some publicity had been justified by factors unrelated to sex. attracted to Article 119 by the problem of a Article 1 of the Directive 75/117/EEC Sabena air hostess who had lodged a com stipulates that the equality of remuneration plaint in Belgium concerning the inequa means, for the same work or for work to lity in her conditions of service. The question which equal value is attributed, the elimi of her pay led ultimately to a consideration nation of all discriminations on grounds of by the European Court of Justice which sex with regard to all aspects and condi made clear its view that Article 119 was tions of remuneration. In particular, where meant to be taken se riously and properly a job classification system is used for applied. One result was to spur the determining pay, it must be based on the Commission to produce a directive on equal same criteria for both men and women and
91 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Roxana Radu, Cezar Avram so drawn up as to exclude any discri value people make to business perfor mination on grounds of sex. The Directive mance, not just to comply with the law. does not make job evaluation schemes As such we have long emphasized the compulsory, but member states must esta importance that organizations ensure that blish some effective machinery whereby it their human resources policies and prac can be decided whether work is of equal tices do not discriminate against certain value 5. groups of individuals. Employers should We also find this principle in article 7 be aware of the fact that their human re of the Universal Declaration of Human sources polices and practices should not Rights, according to which “All are equal discriminate against certain groups of before the law and are entitled without any individuals and have to act on equal pay discrimination to equal protection of the because of three reasons. First of all, law. All are entitled to equal protection discrimination between men and women at against any discrimination in violation of work is illegal. Second of all, pay can this Declaration and against any incitement affect where and how an individual lives, to such discrimination” and in article 23 the education of their children, their health paragraph 2: “Everyone, without any discri care and whether they have a pension on mination, has the right to equal pay for which to retire comfortably. The last but equal work”. not the least, ensuring the satisfaction of Despite three decades of equal pay their employees makes business sense. If legislation and independent investigations employers are basing their remuneration by various organizations the gap between decisions on misconception, biased value the average earnings of men and women systems, stereotypes and prejudice, they remains stubbornly high. Figures from the are undermining their ability to realize the Office for National Statistics reveal that in full potential of all their employees. 2005 the gap for full time employees was Although the anti discrimination legi 17.1 per cent, rising to 38.4 per cent for slation plays an important role for the pro part time employees 6. tection of employees’ rights, it is not Lack of progress in removing the enough because the discrimination in the gender pay gap appears to be due to many labor field has different forms and types of factors including complacency, fear of costs manifestations. The remuneration discrimi and ignorance generally about the impor nation is more often a consequence of dis tance of looking beyond figures and pay crimination based especially on gender cri patterns to identify the underlying causes terion or on the trade union adhesion or which perpetuate unjustifiable pay differences. activity but it can be an independent form However, experience shows that this of discrimination without any relation to is a complex issue and there is no single other acts/facts/criteria of discrimination. solution or quick fix. Achieving fair re ward for all employees is more challen Romanian Legislation concerning ging than addressing gender differences in Equal Pay for Equal Work pay and goes beyond number crunching After Romania's adhesion to EU (January and fixing discrepancies with money. The 2007) and its implications, Romania be wider diversity agenda is complex and came a part of internal market, being creating an inclusive workplace, in which forced to apply the whole community everyone feels valued, demands employers’ acquis in this field. This means to respect attention in order to enhance the added the four freedoms concerning the mo 92 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION The Principle of “Equal Pay for Equal Work” in Community Norms and Romanian Legislation vement of goods, capitals, services and mean that this principle is an obstacle to persons, and to apply the community norms the employer’s power of individualization concerning the principle of equal treatment 7. that is justified if the difference between According to article 2 of the Directive employees’ wages is based on objective 75/117/EEC, the European Union's member reasons. For every employee, wage quan states shall introduce into their national tum is established in comparison with its legal systems such measures as are necessary qualification, the importance and complexity to enable all employees who consider them of the activity performed, professional selves wronged by failure to apply the prin training and competence. The fundamental ciple of equal pay to pursue their claims by criteria for wages establishment remain the judicial process after possible recourse to professional capacity, the nature and the other competent authorities. complexity of the tasks related to the job Article 4 of the same directive stipu occupied by the employee; the employer lates that member states shall take the cannot introduce his own unjustified (arbi necessary measures to ensure that provi trary) criteria, essentially different from the sions appearing in collective agreements, common ones. wage scales, wage agreements or indivi According to the Romanian law, sexual dual contracts of employment which are discrimination means direct and indirect contrary to the principle of equal pay shall discrimination, harassment and sexual be, or may be declared, null and void or harassment of a person by another person may be amended. at the workplace or in another place where In the Romanian legislation the basis the former carries out her activity. This of the equal pay principle lies in article 154 means that the differences between wages paragraph 3 of the Labor Code in accor can take the form of direct or indirect ding to which “at wage establishment and discrimination and most frequently the one adjustment any form of discrimination based of sexual discrimination. In accordance on sex, sexual orientation, genetic charac with Law no. 202/2002 concerning the teristics, age, nationality, race, color, ethni equality of chances for men and women, city, religion, political opinion, social origin, direct (sexual) discrimination refers to a handicap, family situation or responsibility, situation in which a person is less favo trade union adhesion or activity is forbidden”. rably treated, on grounds of sex, than another For the same reason, the Emergency Govern person is, was or would be treated in a ment Ordinance no. 56/2006 concerning similar situation; on the other hand, in the modification and completion of the direct (sexual) discrimination is defined as Labor Code introduced paragraph 3 in the a situation in which a disposition, a crite article 6 of the new Labor Code, paragraph rion or a practice, apparently neutral, would that stipulates: “for equal work or work of disadvantage especially the persons belon equal value any discrimination based on ging to a certain gender in comparison sex is forbidden concerning all the remu with persons of the opposite sex, excepting neration elements and conditions”. The the case when this disposition, criterion or right applies to employees, and also to practice is objectively justified by a le anyone with a contract personally to carry gitimate purpose and the means of accom out any work or labor. The significance of plishing this purpose are proper and ne this principle is that, when two or more cessary. employees are in the same situation, their Trade union confederations delegate, wages can not be different. This does not in the framework of trade unions at the
93 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Roxana Radu, Cezar Avram organizational level, representatives with sively the ones concerning cases of vio prerogatives of ensuring the respect of the lence or sexual harassment”. equality of chances and treatment for men If the intimation/complaint is not and women at the workplace. Trade union solved at the enterprise level through representatives receive complaints from mediation, the employed person who has the persons that consider themselves dis features of fact implying the existence of a criminated on the ground of gender, apply discrimination, direct or indirect, on the the procedures of solving it and request to basis of gender, will have the right to the employer to solve employees’ petitions. inform, on the ground of Law no. 202/ In the case of organizations where there 2002 dispositions, the competent institution, are no trade unions, one of the employees’ as well as to make a complaint to the court representatives voted by them has prero of competent jurisdiction or to the instance gatives of ensuring the respect of the equa of administrative control, but no later than lity of chances and treatment for men and one year after the date of committing the women at the workplace. The opinion of act 8. From these dispositions of the law trade union representatives is necessarily results that a person discriminated on the mentioned in the control report concerning grounds of sex, discrimination which led the observance of law dispositions. to the violation of the equal pay principle Pursuant to article 39 under Law has the possibility to introduce a complaint 202/2002, when the employees consider to the court only after the previous phase themselves sexually discriminated, they of mediation. The intimation and petition have the right to submit petitions to the represent previous compulsory actions which employer or against him, if he is directly have to be introduced at employer's level, involved, and ask for the support of the before introducing the complaint to the trade union or the representatives of the court. Only if the petition is not favorably employees for solving the work situation. solved at employer's level through me In contrast with other states’ legi diation, it is possible for the discriminated slations which thoroughly regulate the pro person to lodge the complaint to the court. cedure of mediation at employer's level, in Such a solution is in accordance with the Romanian legislation there are only the dispositions of article 96 paragraph 2 brief references concerning this procedure. of the Collective labor contract at national Because of the fact that this aspect is not level for the years 2007 2010 which im regulated by law, it should be included as a pose the condition of the previous pro distinctive issue in the content of collective cedure of amiably solving the individual labor contracts concluded at the unity level complaints of the employees, inclusively or internal regulations, such as results from the ones concerning cases of violence or the dispositions of the Collective labor sexual harassment at the unity level. contract at national level for the years Thus, in the Romanian law, a com 2007 2010, article 96 paragraph 2: “In plaint to the court is admitted only if: order to create and maintain an environ previous phase of mediation took place ment meant to encourage the respect of and the employee's petition was not solved; each person's dignity, through the agency the employee underwent a prejudice of of collective labor contract concluded at his rights through the discrimination act unity level, there shall be established and has features of fact implying the procedures of amiably solving the indivi existence of discrimination, direct or in dual complaints of the employees, inclu direct, on grounds of gender; 94 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION The Principle of “Equal Pay for Equal Work” in Community Norms and Romanian Legislation
no more than one year has passed from (the difference of treatment) must not be the moment of committing the act. disproportionate in relation with the aim If the criterion of discrimination is pursuit by the legislator. In this way, the other than sex, the Emergency Government purpose of the law becomes the criterion Ordinance no. 137/2000 concerning the according to which the situations are prevention and fighting against all forms compared and the difference of treatment of discrimination stipulates that the possi has to be established 10 . But the judge can bility of introducing the complaint to the also change the control of proportionality court of competent jurisdiction is not con between the means and the purpose of the ditioned by the notification of the National law, considering that even the legislative Council for Fighting against Discrimi finality is discriminatory 11 . nation. The term for introducing the com Equal Pay Principle does not simply plaint is of maximum 3 years after the date relate to basic salary but also to the full of committing the act or the interested range of benefits, non salary payments, bo person could have knowledge about its nuses and allowances that are paid. The committing. law gives a woman the right to be paid the The burden of proof is incumbent on same as a man (and vice versa) for: like the person against whom the intimation/ work, or work rated as equivalent by petition or, as the case may be, the com analytical job evaluation study, or work of plaint was made. This person must equal value. In order to bring a claim be demonstrate that the principle of equal fore an employment tribunal for breach of treatment was not violated. The proof of the Equal Pay Principle, an applicant must discrimination can be made through any be able to find a ”comparator”. A compa means of probation, inclusively audio and rator is a person of the opposite gender, video registering. The National Agency for working for the same employer, doing like Equality of Chances for Men and Women, work (or work rated as equivalent, or work trade unions, non governmental organiza of equal value) who is paid more, or has tions which aim at the protection of human more beneficial terms and conditions of rights, as well as other juridical persons employment, than the person bringing the with a legitimate interest in the respect of claim. Unlike other forms of discrimination, the principle of equal treatment of men and there needs to be an actual comparator, not women have, at the request of the discri just a theoretical one. minated persons, an active procedural qua There are three situation in which a lity in front of the court and can assist these woman will be entitled to equal pay: she is persons in the administrative procedures. employed on like work with a man in the After receiving a complaint concer same employment; she is employed on ning the violation of the equal pay prin work rated as equivalent with that of a ciple, the judge will have to see if the man in the same employment or she is inequality of treatment can be justified by employed on work of equal value to that of a difference between situations 9. But it a man in the same employment 12 . If a must be also taken into consideration the woman can demonstrate that her work is fact that not any difference between situa comparable or equivalent with that of a tions can justify a difference of treatment. man under one of these heads, she will be This difference of treatment must be in a entitled to receive pay equal to his. Equal direct relation with the object of the law work means a work either the same or that established it so that the means used broadly similar. A woman is regarded as
95 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Roxana Radu, Cezar Avram employed on work rated as equivalent are self explanatory. For example, a with that of any man if, but only if, her job woman who has only been employed for and their job have been given an equal one year may reasonably expect a male value, in terms of the demand made on a colleague with 25 years’ service to earn worker under various headings (effort, more than she does. The reason of this pay skill, decision making etc.), on a study difference is that the man has gained undertaken with a view to evaluating in considerable experience during this time those terms the jobs to be done by all or and not because he is a man. any of the employees in an undertaking or The comparator can be someone group of undertakings. In such claims the working for the employer at the same time, court will question whether jobs have been or in the past or the future. A comparator graded and compared under a job eva may even work for another employer as luation scheme and if so whether the two long as the inequality in pay is attributable jobs where rated as equivalent. This means to a single source which may arise in that the employer has to carry out a job public sector cases. Hence, a person can evaluation scheme, respectively a scheme compare themselves with a predecessor or or a study whereby an evaluation is made successor in the same job. However, the of all of the jobs in the workplace. In this time limit for bringing a claim in the scheme, the jobs are graded according to employment tribunal is one year (if the the levels of effort, the complexity of the discrimination is based on sex) or three tasks carried out by employees, personal years (if there is another form of discri skills or decision making involved. Unfor mination which has led to differences tunately, the great majority of Romanian between the salary of the claimer and the employers have not implemented a job one of the comparator) from the date of evaluation scheme. They can, however, committing the act. begin to implement such a scheme after an The Equal Pay Principle and the prin employee begins a tribunal claim based on ciple of contractual liberty imply that into equal pay principle. every contract of employment can be in The most difficult situation is to prove troduced an ”equality clause” which gives what will constitute “work of equal value”. the rights detailed above. Where any term Equal value claims must normally be in a contract of employment is less struck out if the work of the woman and favorable than that of the comparator, the that of the male comparator have been term that is more favorable is deemed to given different values on a appropriate job be included in the contract of employment. evaluation scheme. An employer may be The law does not allow a contract of able to defend an equal pay claim by employment to be considered as more or showing that any differences in pay are less favorable as a whole as that of a due to there being a genuine material comparator – that is to say, it is not a de difference between the workers. This fense to a claim to say that a lower hourly difference must relate to something other rate of pay for one person is compensated than sex, for example qualifications, levels by, for example, a better annual holiday of experience, degree of skill required, entitlement. The contracts of employment level of responsibility, geographical pay of the applicant and the comparator need differences, approved pay scale, market to be compared side by side and clause by forces, economic considerations, administra clause. The applicant can effectively ”pick tive efficiency. Many of these differences 96 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION The Principle of “Equal Pay for Equal Work” in Community Norms and Romanian Legislation and choose” the most beneficial provisions As a measure of protection and en from their own and the comparator’s contracts. couragement of the discrimination victims, If an employee alleges that he is Law no. 202/2002 stipulates, under article employed on “like work” to a comparator 13, that it constitutes discrimination and is who earns more than he does, the court prohibited for the employer to unilaterally will look at what their jobs entail and modify the labor relations or conditions or question whether they have the same job to dismiss an employee who has pre title, carry out the same tasks or have the viously introduced a petition at the unity same level of responsibility. To be em level or made a complaint to the court of ployed on like work means that “the work competent jurisdiction, in accordance with must be regarded as being either the same the law stipulation, even after the court or broadly similar” and “any differences verdict, with the exception of certain le between the work must not be of practical gitimate basis and without connection with importance” 13 . the cause. These stipulations which forbid In case that the complaint is upheld by the unilateral modification of the salary the court, the latter can take the following made by the employer are also valuable in measures: the cessation of the discrimina case of modification of wages of trade tory situation and the punishment of the union members or employees’ representa guilty person by the payment of damages tives who had the prerogatives of suppor to the victim of discrimination (damages ting the victims in solving the situation at equal to the real harm suffered by the the workplace. employee) 14 . The damages shall cover At interested person's request, the both the material and moral prejudices court can dispose the suspension or the suffered by the victim of discrimination. withdrawal of the functioning authoriza This means that the employer shall be tion of juridical persons which, through forced to pay the difference of remune acts of discrimination, cause a conside ration not received because of the discri rable prejudice or, even if the prejudice mination act, as well as all the contribu caused is minor, break repeatedly the tions to the state budget and the state social dispositions of the Emergency Government security that are incumbent both on the Ordinance no. 137/2000 concerning the employer and the employee. prevention and fighting against all forms In accordance with Law no. 202/2002, of discrimination 16 . the fact of committing any act of dis crimination represents a contravention and otes is punishable by a fine of 1.500 lei (~400 1 WOMEN AND WORK COMMISSION. euro) up to 15.000 lei (~4000 euro). In the (2006) Shaping a fairer future. London: The case of discrimination based on multiple Commission, http://www.womenandequalityunit. gov.uk/women_work_commission/index.htm. criteria, the contraventional sanctions will 2 be cumulated without being possible to WOMEN AND WORK COMMISSION (2007) Towards a fairer future. London: The surpass the double of the maximum fine Commission, http://www.womenandequalityunit. established for the most serious contra gov.uk/publications/women_work_5threp.pdf. ventions or, as the case may be, the general 3 Ali M. El Agraa, The European Union. History, maximum established for the contraven Institutions, Economics and Policies , Fifth tional imprisonment (6 months, respec Edition, Prentice Hall Europe, 1998, p. 414. tively 300 hours) or the obligation to carry out an activity for the community benefit 15 .
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4 Ovidiu Ţinca, Drept social comunitar. Drept 10 Simina Elena Tănăsescu, The principle of comparat. Legislaţie română , Editura Lumina equality in Romanian law , All Beck Publishing Lex, Bucure ti, 2005, p. 243. House, Bucharest, 1999, p. 40. 5 John Tillotson, European Community Law 11 Stéphane Garneri, cited work , p. 41. text, cases and materials , second edition, 12 Janice Nairns, Employment Law for Business Cavendish Publishing Limited, London, 1996, Students , third edition, Pearson Education Limited, p. 292. Essex, 2008, p. 153. 6 http://www.statisticsauthority.gov.uk/uk statis 13 Ibidem , p. 154. tical system/statistics/statistics types/index. html. 14 Magda Volonciu, Intimations, denunciations 7 Vasile Popa, Ondina Pană, Dreptul muncii and complaints against the measures of sexual comparat , Editura Lumina Lex, Bucure ti, discrimination , in the Romanian Journal of 2003, p. 254. Labour Law no. 1/2003. 8 Article 39 par. 2 of Law no. 202/2002 15 Article 10 par. 2 of Government Emer gency concerning the equality of chances between Ordinance no. 2/2001 concerning the juridical men and women. regime of contraventions. 9 Stéphane Garneri, Les discriminations fondées 16 Article 27 par. 5 of the Government Emergency sur l'orientation sexuelle , in Revue Française Ordinance no. 137/2000 concerning the prevention de Droit Constitutionnel , no 41/2000, p. 100. and fighting against all forms of discrimination.
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CONTEMPORARY ROMANIA : ACTION AND REFLECTION
Sustainable Development of Romania within the Process of European Integration
Elena TOBĂ
Abstract : The present article aims at discussing the issue of the sustainable development of Romanian economy within the process of European integration, by including some minimal requirements in order to achieve the general objective of a sustainable development. The analysis correlates the macroeconomic indicators and the European requirements on economic efficiency and performance. Keywords : sustainable development, economic increase, economic growth, stimulation of crediting, macroeconomic indicators.
Structure and development within opposed one to another, nor do they super economic theory pose either. The two notions have some common elements: both processes are he increase in national wealth, in evolutional; they are based on the co macroeconomic results per assembly operation and use of the same factors; the Tand per inhabitant constitutes one social finality of both processes is of the preoccupations of decision factors represented by the improvement in the from different countries and the main object quality of people’s lives. At the same time, of theoretic investigations and controversies. the two notions contain elements that de Within the actual economic judgment limitate them. Thus, they have a different there are expressed different opinions comprehension sphere. The economic in connected to economic increase and deve crease supposes the quantitative increase lopment 1. Considering these facts, the in national economic dimensions, in the economic increase is defined as the macroeconomic results per assembly and process of increase in the dimensions of per inhabitant (GDP, GNP, NI). economic results determined by the Synthetically, the economic increase is combination and use of production factors expressed through the rhythm of GDP, and underlined by macroeconomic indica GNP, NI increase per inhabitant. Within tors – the gross domestic product, gross the sphere of national economy (techno national product and national income in logical, inter branches, economic social, real terms, not only per total, but also per organizational, territorial etc), as well as inhabitant. the people’s level of living. Any economic The notions of economic increase and development also supposes an economic economic development should not be increase, but not all economic increase
99 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Elena Tobă means economic development. The mising the possibilities of future genera rapport between the two concepts is as tions of satisfying their own needs. from part to whole. Economic develop The general objective of sustainable ment, besides economic increase, associates development is of finding an optimal point and modifies its qualitative structures of interaction and compatibility of four within national economy and quality of systems: economic, human, ambient and life. The concepts of economic increase technological, within a dynamic and flexible and economic development are associated functioning process. The optimal level to the concept of economic progress , corresponds to that development of long which underlines the specific and sense of duration that can be supported by the four development in each step, in comparison systems. In order to realize a sustainable to anterior steps and constitutes the support development, the minimal requirements of an optimistic view on the perspective include: re dimension of economic increase, evolution of society. taking into account the accentuation of As a form of manifestation of macro quantitative branches of production; elimi economic dynamics, economic development nation of exiguity under the conditions of supposes an assembly of quantitative, satisfying the essential needs – work place, structural and qualitative changes not only food, energy, water, house ad health; in economy, but also the organizational assurance of increase in population at an mechanism and structures of functioning acceptable level (reduction of uncontrolled in the way of reflection and the behavior of demographic increase); conservation of human beings. Within this context, the increase in human resources, maintenance concept of sustainable economic development of diversity of ecosystems, surveillance of appears, concept which represents that form the impact of economic development on of economic development within which it the environment; technological reorient is wished to satisfy present consume re tation and control of their risks; decentra quirements and not to compromise or lization of the governing forms, increase in prejudice the one of future generations. the participation degree when taking the The concept of sustainable develop decisions concerning the environment and ment expresses the process of enlargement the economy. of possibilities through which present and future generations can fully manifest their A. Romanian ational Strategy on options within any domain – economic, Sustainable Development 5 partially reunites social, cultural or political, man being the the requirements resulted from its quality centre of the development action. of European Union Member State and Sustainable development is conceived continually necessitates completions and within the visions of reconciliation between fundaments. man and nature 2, of their equilibrium and In the elaboration of the Romanian harmony, “on a new means of deve ational Strategy on Sustainable Develop lopment that should sustain the human ment it was ascertained that at the end of progress, not only in a few places and for a the first decade of the 21 st century, after a few years, but for the whole planet and for prolonged and traumatized transition to a long future” 3. Essentially, sustainable pluralist democracy and market economy. development is a development that satis Romania still has to recuperate conside fies present necessities, without compro rably towards the other Member States to the European Union, simultaneously with 100 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION Sustainable Development in Romania within the Process of European integration the acquirement and transposition into development and relevant measures taken practice of the main principles and prac by Romania within the pre and post tices of sustainable development within the accession period. context of globalization. In spite of all Part II contains an evaluation of the progresses realized within the past years, it actual situation of Romania’s natural, anthropic, is a reality that Romania still has an eco human and social capital. This approach is nomy based on the intensive consume of according to the last recommendations (May resources, a society and an administration 2008) of the combined EU Work Groups still searching for a unitarian vision and a of Statistic Department (Eurostat), the UN natural capital affected by the risk of some Economic Commission for Europe (UNECE) deteriorations that can become irreversible. and the Organization of Economic Coope The present Strategy establishes con ration and Development (OECD) concer crete objectives for the passing to the ning the measurement of performances of model of development that generates added sustainable development according to the value, propelled by the interest for know evolution of the four forms of capital. ledge and innovation, oriented towards Part III offers a perspective vision, continual improvement in the quality of establishing the precise objectives on the life and the relations among them in har three time horizons, strictly following the mony with the natural environment within logic of key challenges and inter sector themes, a reasonable and realist period of time. as they are mentioned within the Renewed As a general orientation, the paper Strategy for Sustainable Development of focuses on the realization of the following the EU. strategic objectives , in short, on a medium Part IV analyses specific problems and long term: that Romania confronts with and esta Horizon 2013: Organic incorporation blishes targets for the acceleration of the of the principles and practices of sus process of passing to a sustainable develop tainable development within the assembly ment, concomitantly with the reduction and of public programs and policies of elimination of the existent gaps regarding Romania, as E.U. Member State the medium performance level of the other Horizon 2020: Reaching the actual Member States of the European Union. medium level (with reference to the number Part V contains concrete recommend of the year 2006) of EU – 27 according to dations concerning the creation and mo the basic indicators of sustainable deve dalities of functioning of the institutional lopment. frame in order to assure implementation, Horizon 2030: Significant approach surveillance and rapport on the results of of Romania towards the medium level Renewed Strategy for Sustainable Deve from that year of the Member States of the lopment. The proposal considers the expe EU from the point of view of the indicators rience and practice from the other EU of sustainable development. Member States and focuses on the adoption The text is structured in 5 parts: of some innovative solutions, adapted to Part I presents the conceptual frame, it specific conditions of Romania, concer defines the notions used, it describes the ning the responsibilities of public autho main points of the Renewed Strategy for rities and active implication of social fac Sustainable Development of EU (2006), tors in realizing the objectives of sustaina the actual stage of the process of elabo ble development. ration of basic indicators of sustainable
101 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Elena Tobă
The problem of elaboration of the country, where the necessity of efficiency Strategy for Sustainable Development of of the whole economic system. The eco Romania was more obvious in 2006, from nomic increase was based on consume of the perspective of our country’s accession products, not on added value. Concerning to the European Community. The creation the use of natural resources, in Romania of a National Consultative Council and of there does not exist any town with the regional councils of sustainable develop management of integrated water. Within ment contributed to the intensification of the urban area, the centralized drinking the effort of accumulation, synthesizer and water system represents circa 65%. We partition of a huge documentary and pre have an enormous deficit of specialists vision material existent at the level of capable to elaborate eligible projects for branches, sectors, basic products and European financing. public services that compose the structure, We earn and we borrow even more, infrastructure and superstructure of Romanian but we consume almost the whole amount. society from the first part of the 21 st The management and financial projections century. They took into account the other are lacking at the level of houses, not only national spread documents, including the concerning incomes, but also concerning pre accession and post accession strategies . expenditures and loans. Present needs dic The Project of the strategy for Sus tate us the consume behavior, and to the tainable Development of Romania is an future we reserve the strategy “we shall integrator document, the first with such live and we shall see”. The risk of living in amplitude after 1989 and it is concerned debt could now reflect on banks, under the with a few essential provocations that hu conditions of diminishing the access to manity confronts with, in the new millennium. alternative financing resources, internal or Energy, food and environment are consi external. dered a priority under the conditions of the Salaries supply over half from the disappearance of natural resources and the total incomes of Romanian houses, and alarming increase in environmental pollu social activities circa one fifth, during the ting and destroying factors. The strategy second trimester of the year 2008. Without establishes the development frame on a some economy stimulation instruments, the long term, the way in which economic Romanians allotted their average monthly structures support the established object incomes (of 2,046 lei per house and 702 lei tives. However, it is not an economic and per person) in a proportion of 90% of the environmental strategy, but a synthesis of consume [5]. all elements that may assure the sustaina • The Chinese earn almost one dollar ble development of the country. per hour, from which they save 40%, and the rest is consumed. The Roma B. The elaboration of scientific nians earn better than the double of the documents of Romania’s development Chinese, but they save circa 10%. should start from the actual realities of our • Others will enjoy the fact that we are country. situated on a better position than the Romania is an energofagus country, Americans who earn 24 dollars per consuming more energy than the European hour and spend 25. It is not quite so: average: with a value of four billion dollars consume credits dominate the whole a year. The 85,000 flats consume circa part of populations’ debts. 65% from the electrical energy of the 102 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
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INS also tells us that from the total But, per assembly, the weight of the consume of the households, circa 43% are credits offered to the population in DIP is spent on food and non alcoholic drinks, inferior to the countries from the euro area. 7% on clothes and shoes and almost the Such comparisons are less too relevant. same on alcoholic drinks. Evidently, the Romanians are more indebted than Euro most part of Romanian acquisitions within pean citizens if we compare the credits at the urbane area is realized within retail the level of incomes. The differences are store commerce. Within the rural area, even more increased if we rapport these 40% of food is still assured from auto credits to the level of the declared fiscal consume. incomes to which we add a maximum of • Fulminatory actual increases – with 20%, according to the new rules of RNB. tens of percentages – at salaries, We think that the tightening of cre pensions, compensations, to which a diting norms represents the correct solution, new increase of the minimum salary but too late. Until now, both fundamental to 600 RON starting with 1 st January purposes of efficient crediting norms have 2009 will certainly supply the con been missed: of reducing the non reimbur sume as value volume. sement risks, respectively of stimulation of • In real term, the prices’ intensification productive credits against the ones for will fuel inflation and will diminish consume. We will witness more and more the buying capacity. financial drowning of the crediting persons, • The budgetary impact of all salaries but we still protect the one from the surface. and social increases within the past Actual pressures on consume are year (1 st October 2007 1st October 2008) partial reciprocally annulled. On the one reaches 3,5% from the domestic intern side, the available incomes are increasing. product estimated for the year 2008. On the other side, the interests at credits The consumer behavior of Romanians are even more costive, and the credit has been directly influenced by the sti allowance conditions are more restrictive. mulation of crediting , to the cost of saving. The important depreciation of the Leu is The difference between active and passive added here. The population is completely interest (namely between credits and de uncovered towards this exchange risk. posits) maintained at an exaggeratedly Thus, Romanians find themselves in high level for a period of 16 years. The the unpleasant situation of reimbursing a profits of the banking system have been sum greater with 10% in lei for credits in huge. Within the past two years, the differ Euro, to which the increases of interest rence of interest started to drop signi rates are added. ficantly. But savings moved slowly on an The optimism of the consumer, that in ascendant scale. future years he obtains greater incomes, The Romanians take loans to consume: and the reduced perspectives of unemploy over 90% for the debts of population are ment fuel on the other side the request for represented by the consume credits. consume credits. More concretely, starting with the se Presently, in Romania, the population cond half of the year 2007, the population consumes with 20% more than it pro becomes net debtor towards the banking duces. There is no high added value at Ro sector. The only exception is represented manian products, the change being imposed by the region Bucharest Ilfov. according to economic rationalization, of competitive finality for products and ser
103 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Elena Tobă vices. The main objective of sustainable • State support for the re launching of development is the increase in life quality scientific research, that should ease the for all social categories. Presently, the eco modernization of economic activities. nomic increase is based on consume, not • Attraction of a high volume of direct on production, and the consume increases foreign investments. the imports. Although, sometime, it was • Re thought of fiscal and currency eco considered “Europe’s barn”, Romania of nomic policies according to the requests st the 21 century imports over 60% from formulated by the EC and the IMF. agrarian products. Even salt is imported by • Government surveillance that each ex the country of the salt mountains! The effi ternal credit employed directly serves ciency of resources is an essential challenge the economic production objectives. for the future decades. Agriculture re • Rationalization of expenditures from mains the main “alcove” of our sustainable public money, by simplifying all ad development, with the 14 million hectares of ministrative structures at national and agrarian land, from which 7 million of local level, starting with the Parliament arable land. The cultivation of ecologic pro and local administrations. ducts is vital. • Reduction of commercial gap and of Ecologic agriculture, balneal therapeutic the current account on the basis of tourism and the Black Sea connected to modernization of industry and agricul the Caspian Sea, both rich in hydrocarbons ture, as well as of the development of are considered to be the main resources for energy production on the basis of re sustainable development of Romania. Demo generable resources. graphic crisis and education are other prio • Rational correlation of the develop rities to which the Romanian state should ment objectives, including of investment find radical solutions, under the conditions programs, for inter sector and regional of a decline of 1,6 million inhabitants, plus profile, with potential and capacity of 3 million who work abroad, within men sustenance of material capital; tioning annual retirements. • Accelerated modernization of the sys
tems of education and professional C. The ational Strategy of Sustainable training and public health, considering Development of Romania should comprise the unfavorable demographic evolu new directions in order to facilitate the EU tions and their impact on labor market; integration. • Among all these, more important are Use of the best ecologic and economic the following: available technologies in investment decisions from public funds on national, • Elaboration and attachment within the regional and local plans of such deci National Plan of Development of a sions from private capital; firm intro special chapter regarding the develop duction of the criteria of eco efficiency ment and modernization of industrial within all production or services acti activities recommended by the EU. vities; • Elaboration of another special chapter • Anticipation of the effects of climatic regarding technical endowment, increase changes and elaboration of some accli in productivity and improvement of mation solutions on long term and of the crediting system of agriculture. some plans of measures of inter sector contingency, comprising portfolios of
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alternative solutions for crisis situation generated by natural or anthrophic phenomena. otes • Assurance of alimentary security and 1 S. Kuznets, Economic Growth and Structural. safety, including through valorization Selected Essay , Heinemann Educational Books of comparative advantages of Romania Ltd, London, 1966, p. 6; H.W. Arndt, The rise concerning organic agriculture; correlation and Fall of growth , H. Study in „Contemporary of the measures of quantitative and Thought”, Longman Chesire Pty Limited, Melbourne, 1978, p.1; Fr. Peroux, Pour une qualitative increase in agrarian produc philosophie du nouveau developpment , Les tion in order to assure the food for Press d ′UNESCO, Paris, 1981, p.13. people and animals with the requests 2 Brundtland Report, „Our Common future”, to increase the production of bio com elaborated by the Environment and Develop bustibles, without reduction from the ment Independent World Commission, pre exigencies regarding maintenance and sented at the UNO Conference from Rio de increase in soil fertility, biodiversity Janeiro, June 1992. and environmental protection; 3 Economia i sfidarea naturii , Economic PH., Bucharest, 1994, p.13. • Protection and valorization of the cul 4 tural and natural national patrimony; Romanian Government, The project of the Strategy for Sustainable Development of compression to European norms and Romania , Version V from 15 th May 2008. standards regarding the quality of life 5 The calculus was realized based on the data together with the revitalization in mo delivered by the National Institute of Statistics, dernization of some means of tradi Bucharest. tional living, especially within mountain and wet areas.
105 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA : ACTION AND REFLECTION
How Do Romanian Public Organizations Communicate?
Cătălina Maria GEORGESCU
Abstract : Reaching the objectives of public organizations is determined by efficient internal and external communication characterised by unity, coherence, structure and formalization, transparency, accessibility and effectiveness. The paper deals with aspects regarding the influence of the political factor upon the information system within public services and the manner of establishing internal communication policies within public organizations. Moreover, the paper proposes in the final part several ways of improving the performance of the information system and of managerial communication within public organizations aiming at improving the quality of services offered to citizens, as well as the participation of the stakeholders. Keywords : public organizations, information system, managerial communication, information circuit, organizational structure, policy attractiveness, participation of stakeholders.
Introduction nizations precedes the analysis of the way in which the political factor impacts upon hough omitted in the past from the the management of public organizations. sphere of public services, at present The paper deals with aspects regarding the Tthe concept of internal communi influence of the political factor upon the cation within public services seeks every information system within public services conspicuous opportunity to spread to all and the manner of establishing internal management functions from one admini communication policies within public orga stration to the next 1. Due to the escalation nizations. Moreover, the paper proposes in of the economic growth and to the changes the final part several ways of improving and numerous reforms, the public organi the performance of the information system zational experience is subject to the impe and of managerial communication within rative of efficiency and effectiveness, which public organizations aiming at improving can only be accomplished by resorting to the quality of services offered to citizens, theoretical approaches and complex analyses. as well as the participation of the stake The analysis of the information system holders. within the public services and of the manner in which the policies of internal commu nication are established within public orga
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ACTION AND REFLECTION How do Romanian Public Organizations Communicate
Communicating in the public field organizations’ top management must syste The processes of collecting, recording matically bring their share to the adjustment and analysing the data and information as of public organizations structure and decision well as information circuits and fluxes are making fluxes through surveys, moni subjected to the relations among the aggre toring and control. A reshape of the public gate institutions of the public admini organization’s image and communication stration system. The exercise of legislative, strategy requires examination and analysis juridical and executive authority by the at all levels, starting from the public authorised organizations claims the exis institution’s aggregate image to the basic tence of information circuits and networks functions and departments. Top management which enhance the exchange and spread of expertise must be twofold, guided by the information. best practices in the industry and by mo Lately public organizations manifest a dern techniques of management and commu tendency of acting more in the field of nication. Best results are obtained by in public relations aiming at improving their putting all the possible risks in the equation, image by boosting their political agenda such as organizational culture determined communication through the media, effective behaviour or the public servants individual governing coming second on their priority skills. list 2. Public organizations’ practice of increa As regards policy implementation, sing the time budget of external commu performance is enhanced by networking nication corroborated to the transparency communication. Decentralisation of commu and publicity of their achieving the ob nication networks boosts performance in jectives has lead to an easier polishable the case of highly complex issues, due to institutional image. The use of data and the high number of communication channels information in the decision making pro among members. Flexibility is also enhanced cess and the spread of normative decision within decentralised communication net to local authorities requires efficient and works. The motivation is twofold: higher effective information circuits and fluxes. openness and participation from the However, the quality, comparability, relia members and higher flexibility in adapting bility and objectivity of data and information the members’ behaviour. The tendency depend on the length of communication among centralised public organizations and circuits. Consequently, information circuits networks is towards rigidity and closure to within public organizations must be shorte new methods and possibilities of approa ned and rendered efficient for the infor ching and solving problems. Centralised mation to be operatively collected and autocrat communication structures have spread both upwards and downwards. higher performance and efficiency as re Moreover the well functioning of the in gards simple tasks, whereas complex tasks, formation system requires an improvement demanding flexibility, rapid acceptance of of the means of collecting, registering, innovation and change, necessitate decen analysis and spread of information. tralised structures. The information system functions of However, there is not a universally decision making, operational and docu valid recipe for a highly performing and menting are highly interconnected, its per effective communication structure; just as formance being enhanced by an efficient highly trained human resources do not and effective use of its aggregate compo conspicuously result in universal public nents by public managers. Thus, public organizations efficiency the formal organi
107 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Cătălina Maria Georgescu zational dimension – written norms, The approaches of a communication principles, communication channels, moti strategy are oriented towards three binary vation and control – is not self sufficient. dimensions: internal and external commu Yet, a vital issue for effective public nication, written and oral communication, organization communication is whether formal and informal. On the one hand, the communication structure is suitable to communication strategy must improve its the external environment and to commu efficiency indicators which act in terms of nication technology 3. accuracy, openness, distortion, excess of Public organization communication information, information deficit, while, on responds to a triple challenge. Firstly, it the other hand, it must enhance individual serves the need to publicize the mission of and organization performance, and commu the public administration, as well as that of nication climate. the distinct offices and departments 4. Se In conclusion, the achievement of condly, it responds to the need to assess organizational objectives is determined by the achievement of the proposed results so efficient internal and external communi as to raise awareness on public actions and cation. Consequently, it requires the esta services. Finally, public organization commu blishment of a formalized system of inter nication approaches the need of net nal and external communication possessing working between staff and missions at the the following traits: unity, coherence, struc level of department or service. From this ture and formalization, transparency, accessi angle, internal communication becomes a bility, effectiveness. Moreover, taking into management tool, communication efficiency account the following techniques for and effectiveness being enhanced by efficient communication can prove to be policy attractiveness, personnel response useful for the purposes of public organi bility, clearly cut competences, and public zations: boosting trust, conducting lucrative organization mission statement 5. meetings, changing the organization struc However, managerial communication ture by reducing hierarchy, thus by is subjected to legislation, thus restricting hammering down its structure, resulting the liberty of communication. Due to the circular structures which enhance hori sources of financing public organizations, zontal communication, and, finally, banning which can range from state budgets, local barriers which hamper efficient communi budgets, the public organizations’ own cation. Public organization mission statement, revenues, or subsidies granted from state both for its employees and for the persons budgets or local budgets, communication outside the organization, has the purpose in the public domain is exposed to stan of organization brand building and in dardization and legal provisions. Unlike creases public policy attractiveness for the private organizations, in which commu stakeholders 6. Public organization external nication is highly influenced by objectives, communication enhances public debate communication within public organization and open, participatory decision making 7. is subjected to rigour and standardization, which result from the respect of the legal Policy recommendations provision that bind the activity of public The Romanian public organizations organizations, from the normative frame must struggle to become partners, recog work, regulations and rules that shape the nized and appreciated at national level, by information circuit. participating in the establishment of a national network of information which 108 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION How do Romanian Public Organizations Communicate includes the cooperation with other Public organizations must increase per national actors such as: other govern formance in identifying key aspects in the mental institutions, NGOs, research insti domain of public interest and in being tutes, specialised institutions or social capable of making their first steps in this partners. The data and information circu respect. In order to accomplish this deside lating both within and among public orga ratum, public organizations could incur nizations also comprise statistical data, porate the input and experience of NGOs descriptive and analytical, mostly textual, and of other organizations which activate information resulting from research active in the same field. Public organizations need ties, opinion polls, and other investi to be informed regarding the examples of gations, information regarding conferences, best practices from other states or other campaigns, events etc. Consequently, it is geographical areas and to analyse the possi the duty of the Romanian public orga bilities to implement them. Thus commu nizations to be engaged in a dialogue with nication within the public administration the representatives of civil society and becomes vital as the organizations are in with other interested social actors, as well formed regarding other national actors as other competent public authorities and aiming at complementing and not dupli to encourage their cooperation. Also, public cating the initiatives and at strengthening organizations would have the capacity to future cooperation. identify key issues and specific aspects at With the purpose of raising the quality local, regional, or even national level and of the services delivered to the citizens, the to prepare recommendations concerning public organizations took the possibility of them in their annual reports or in their making available, for both the public and work programs. their own employees, electronic archives Moreover, public organizations are and databases available through the internet. capable of offering a source of information For the public, the purpose of such a data regarding the positive evolutions in their base was to offer an easily usable search field of activity and can realise an ex instrument to access information of public change of information regarding examples interest. Moreover, access to public sector of best practices with other such organi information, public services, on line public zations. Thus, one can accomplish a direct auctions are easily available through the transfer of information and knowledge and internet. the dissemination of good practices at Another means of both improving the municipal and regional level and among quality of Romanian public services and cities from within the country and abroad, receiving public support for diverse pro thus cutting short the hierarchical and jects, actions, policies of public interest, bureaucratic circuit of information. To put was that of offering newsletters or other it differently, within the present economic, serial publications for subscribers or of social and political climate, highly influenced creating a mailing list through services by economic growth and globalization, public such as e mail for the members of the organizations must appropriate the commu website of the respective public orga nication and information practices which nization. Users may receive a user id and a characterize the organizations that activate password which can be used for collecting in the private sector, recognized as being data and updating. One observes an ever more competitive, efficient and flexible. increasing number of visitors on the web sites of public organizations, thus it has
109 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 CONTEMPORARY ROMANIA: Cătălina Maria Georgescu become imperative for each public orga especially destined to the modernization of nization to create such website in order to the public administration. ceaselessly deliver in real time news and Moreover, most county mayoralties information of public interest, to disse have benefited from the possibility of minate the information rapidly and rela network connections, facilitated by projects tively cheap. implementing within external financing Until recently this desiderate was programs. They also enjoy multiple possi shadowed by the existence of insufficient bilities of project development in digital financial resources for equipping the local formats which can be integrated to data public administration with information bases in a geographical international system technology 8 and of the relative insufficient (GIS), with applications of visualisation, training of the potential beneficiaries (local analysis, scenario, plans and reports editing, authorities, public institutions) to accom for all administrative territory units. plish and implement projects through Furthermore, improving the quality of programs of external financing. Moreover, data and information of public interest and the citizens’ relative reduced abilities (in of other information entering public orga fact the final beneficiaries of public admi nizations’ field of competences is expected nistration services) to become committed to improve communication climate within to the information technology, together public organizations. Thus it is required to with their lack of interest to become improve the comparability of data and actively involved in the decision making information at local, regional and national process at local level have lead to the level, the harmonization of definitions and necessity of a policy to improve admi classification systems, and information nistrative communication. registry. One must also perfect the manner In order to improve the communi in which official data is collected, analysed cation climate within public organizations, and introduced in databases. one might initiate workshops, as modelled Political leadership and the media must by private organizations; public organiza also be integrated to this approach, having tions might also practice an open door in view the relatively high interest the policy for discussions and debates to media and citizens share on public orga which participants might be both from nizations’ activity. Moreover, the tendency within that particular public organization of the media to reflect mostly and, often, and experts from outside the organization without checking the negative aspects of on subjects referring the organizations certain activities if the public adminis regarding project development, methodo tration, the information being misinter logy, strategies and recommendations. preted or misunderstood, is well known. Information and reports resulting from One must raise awareness on the difficulty these workshops might be made public on to build strategies and action plans which that public organization’s website. More resist political change. Some even argue over, there are multiple possibilities of trai that the present political class is not mature ning the public organizations personnel, enough to appreciate and implement the both central and local, in the field of programs and policies initiated by the communication through diverse training leadership of public organizations from programs financed by the European previous mandates. The purpose of efficient Union. There are also multiple possibilities public organization communication is also of contracting external, European funds, that of enhancing cooperation, of building 110 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
ACTION AND REFLECTION How do Romanian Public Organizations Communicate a new approach of connecting private companies and foundations with organi zations from the public field at local, na tional or even European level on ob jectives aiming at community cohesion. otes Conclusions 1 Serge Alécian, Dominique Foucher, Le Communication within public organiza management dans le service public , Eyrolles, tions responds to three aspects: infor Editions d’Organisation, Deuxième édition, 2007, p. 103. mation, by providing the basis for decisions, 2 motivation, by stimulating cooperation and Camelia Beciu, Comunicarea politică , comunicare. ro, Bucure ti, 2002, p. 27. participation of stakeholders, and control, 3 Branislav Kovacic, ew Approaches to by establishing duties, responsibilities and Organizational Communication , SUNY Press, accountability. To the existing forms of 1994, pp. 117 142. communication, dependent on information, 4 For comments referring to the communication control, coordination functions of public of the strategic project see Tugrul Atamer, Roland organization communication, one must Caroli, Diagnostic et décisions stratégiques , add other distinct forms to enhance the 2nd Edition, Dunod, Paris, 2003, pp. 478 479. 5 exercise of emotional and motivation John M. Bryson, Strategic Planning for Public functions, leading to the accomplishment and onprofit Organizations: A Guide to of objectives specific to organizational Strengthening and Sustaining Organizational Achievement , Wiley_Default, 2004, pp. 94 96. communication strategy. The idea of public 6 Ibidem , pp. 109 110. organizations perceived as a complex dy 7 Communications Initiative, World Bank, World namic, open system with continuously Congress on Communication For Development: adaptable structures to the demands of the Lessons, Challenges, and the Way Forward , external environment is a desiderate for the World Bank Publications, 2007, p. 259. improvement of public services quality. In 8 Branislav Kovacic, op. cit ., pp. 120 142. other words, flexibility, the organization’s 9 For discussion on the concept of change and ability to learn from experience and to the importance of managerial discourse on the introduce change and innovation, once issue of change see Stéphane Olivesi, Comunicarea internal and external circumstances suffer managerială. O critică a noilor forme de putere în organizaţii , Editura Tritonic, Bucharest, changes, are vital elements for boosting 2005, pp. 107 110. Romanian public organizations efficiency. One of the major challenges affecting public organizations being the response to a changing environment and adapting to external pressures, change 9 is perceived as an element that urges organizations to take action due to the interdependence between local community and public organization. Thus we consider that communication loopholes on the motifs and purposes of change are among the factors that infringe change.
111 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES : FIRST STEPS IN ROMANIA’S MODERNIZATION
The Involvement of Politics in the Development of the Banking System
Georgeta GHIO EA
Abstract : The article deals with the establishment of the banking system and modern credit at the end of the 19 th century and the beginning of the 20 th century in Valcea County as part of the accomplishments of the Liberal ational Party in the financial domain. Keywords : banking system, credit, National Liberal Party, social capital.
t the end of the 19 th century and and modern credit, used by liberal finan the beginning of the 20 th century cial circles to obtain a dominant position in A the “through ourselves” policy was the Romanian economy. Because it was materialized through the encouraging of considered that the state should not orga national industry, through the establish nize the financial institution by itself and ment of the banking system and modern also because there was no private asso credit, the organization of the Rural House, ciation of capitalists with enough authority the redemption of railways etc. so that its operations to have general trust, In the financial domain among the re they have finally found the solution to markable accomplishments of the Liberal adopt a mixed system of association of National Party we may mention the set up private capitals with the State’s into a of large establishments of national credit: single bank of emission. In 1901 the state the Rural Landed Credit (whose meant gave up the quality of shareholder, the was to sustain the large properties) and the Romanian National Bank becoming a Romanian National Bank (set up to ease private institution dominated by the liberals. the commercial and industrial movement There were two political personalities from Romania). At the same time the of that time, who organized the central insti Minister of Education Spiru Haret had tution, the two best friends Ion C. Bratianu taken some measurements to improve the and Eugeniu Carada. Both of them had situation of the peasants through laws close relationships with the greatest bourgeois which led to the set up of the popular families from Vâlcea: Capelleanu, Plesoianu banks in 1903 and allowed the set up of or Slavitescu 1. At the same time, Ion C. some rural cooperatives in 1904. Bratianu had close friendship relationships The set up of the Romanian National with Dimitrie Simulescu, Prefect of Vâlcea Bank by the Bratianu Government in 1880 during the liberal government. Dimitrie set the bases of the entire banking system Simulescu, known in the epoch as “Boyard” 2 112 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Involvement of Politics in the Development of the Banking System of Drăgă ani, had the initiative of setting had its headquarters in Drăgă ani on 11 up the first liberal party in Drăgă ani 3. To Regele Mihai Street. the liberal members the purpose was to The building was build of bricks, co obtain capitals for the locality regarding vered with tiles on a concrete foundation. the economical development. It had a basement, two corridors, two small At the end of the 19 th century rooms, with a surface of 280m 2 and an Drăgă ani was famous for vine crops. outhouse situated in the yard, a building of Important incomes for the inhabitants bricks, covered with old, degraded sheet, of the town were brought by cereals crops, which had a surface of 73 m 2 and a place breeding animals and trade. The handi for a house where houses were built on a crafts were specialized in the local needs. surface of 654 m 2. Thus we find mentioned in the town In 1947, the bank had a social capital coopers, tailors, cobblers, furriers, skinners, of 6 million lei 6. At the end of the year 1948, felt boot makers, bakers, butchers etc. the bank was moved in the 15 August 23 In the first decades of the 20 th century Street in Drăgă ani, lead by Teodor Nanci Drăgă ani knew an unprecedented boom. and Al. Tarbalescu. On January 22 nd , 1909 Dimitrie I. Dimitriu 4 On September 15 th , 1949, the bank submitted the governor of the Romanian entered into bankruptcy 7. National Bank, Theodor Stefanescu, an The Drăgă ani Bank was a joint stock account in which he related the economic company for bank trade with unlimited term. situation of Vâlcea. Related to Drăgă ani, It began its activity on July 10 th , 1909. It Dimitrie I. Dimitriu observed: “the viti had its headquarters in 17 Voievodul Mihai culture also had a great upsurge in Drăgă ani Street, Drăgă ani 8. It was set up by a number and if in the future the same zeal for of 32 traders, mostly from Drăgă ani 9. replanting the famous hills is followed, The initial social capital was 10 shortly after, one will see overflowing million lei. above our district an entire wealth that will The first administration council was assure the prosperity of its inhabitants. The made of: Gogu C. Predescu (manager), I. culture of fruit bearing trees is also a part Filipescu, Valeriu Badiu, G. G. Teodorini of the inhabitants’ main occupation, (censors), I. L. Ramniceanu (deputy admi bringing them lots of profits. Every year nistrator), I. M. Palavan (chief accountant), large quantities of nuts, apples and plums Ilie M. Stanescu (book keeper) 10 . are exported especially in Germany” 5. The bank favoured the development From the initiative of the liberal of trade, crafts and agriculture in the mayors from Drăgă ani banks were set up Drăgă ani area 11 . in the locality to sustain the peasants and In 1931, the Drăgă ani Bank was re the tradesmen. Thus there were set up: the gistered with the Industry and Commerce Drăgă ani Bank, the Trade Bank Drăgă ani Chamber of the Vâlcea district. With this Branch, Viticulture Bank Drăgă ani Branch opportunity, the declared administration and the Peasants Bank. About the activity council was made of: Alex. Olanescu, Stefan of the banks from Drăgă ani we will Rezelini, Gheorghe Tudor, Grigore Iorgulescu, present some information. C. V. Gherorghiu, Gh. Diaconescu, Nistor The Drăgă ani Vineyard Bank was set Rozenovici, Nita Diaconescu, C. Radulescu. up on August 13 th , 1907 as a joint stock Censors: M. Isvoranu, D. M. Nicolaescu, company, with unlimited term. The bank Petrica Ionescu. Deputy censors: M. Vasilescu, Gh. C. Christescu and Gh. Stanescu 12 .
113 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES: Georgeta Ghionea
The Drăgă ani Trade Bank was a The Peasants Banks from Drăgă ani, branch of the Trade Bank from Craiova. It a joint stock company for bank trading, had its headquarters in 12 Voievodul Mihai was set up on April 4 th , April 1921, with Street, Drăgă ani. It began its activity on unlimited term 18 , by a number of 28 May 9 th , 1912 and developed peculiar founders from Vâlcea district 19 and the banking activities. The first manager men Peasants Bank from Bucharest. The first tioned in the documents from the archive manager mentioned in the documents in was M. Creteanu 13 . the archive was Silviu C. Ionescu 20 . At the date of registration with the In The headquarters of the bank were in dustry and Commerce Chamber from Vâlcea Drăgă ani on 45 Regele Mihai I Street 21 . (1931), the office workers were: M. The Bank also had a branch in Râmnicu Creţeanu, Valeriu Badiu, Gh. Iliescu 14 . Vâlcea. The first Council of Admi The bank gave credits to traders, nistration was made of Constantin Argetoianu ploughmen and farmers from the locality (president), D. Sencovici, Dumitru C. Popescu and district and to the shepherds from (vicepresident), N. C. Popescu Portaresti Vaideeni commune. After nationalization (deputy administrator), Silviu C. Ionescu, and the introduction of restrictions in gi Eustatiu Cristescu, Alex. D. Popa, Tiberiu ving credits, the traders did not receive cre Anastasiu, N. Zamfirescu, Gh. Gh. Teodorini, dits and ploughmen and farmers “checked C. C. Popescu Portaresti (members); Sava clients” oriented towards popular banks or Fortunescu, Grigore Gh. Frasineanu, H. towards the Farming National Credit. Abramovici (censors); Th Paraschivescu, Because of the difficulties encountered in Gh. Gh. Arsenescu, Ilie Orasanu (deputy fulfilling the loans, some farmers gave up censors) 22 . contracting credits from this bank. The initial social capital was 5 million The Viticulture Bank, Drăgă ani Branch, lei also having the possibility to increase a joint stock company for bank trading, up to 20 million lei 23 . had its headquarters in Bucharest. The On September 30 th , 1931 it was Regis address of the branch in Drăgă ani was 26 tered with the Industry and Commerce Regele Mihai Street and was set up on Chamber in Vâlcea District. December 28 th , 1920, with unlimited term 15 . On March 5 th , 1935 the branch from The main purpose of the bank was to Râmnicu Vâlcea was radiated 24 . In 1943, ease the credits for the winegrowers and the bank merged with the Drăgă ani Bank 25 . fruit growers and to ease the trade for In 1946 the administration from Drăgă ani, wines and alcohols. It assured credits for solicited the setting up of a branch of the new plantations to remake or to complete Romanian National Bank in the locality. A the viticulture farms, for trading and in monograph of the locality was advanced to dustrializing the fruits, it practiced the the headquarters. We may note from this trade with wine, it secured the vessel and that: there were 10,000 inhabitants, from the necessary equipment to manufacture which 4,000 lived in Drăgă ani. 99% were the grapes and to transport the wine, and it Romanians. Their main occupations were built wine cellars 16 . trade, farming and viticulture. Viticulture The Drăgă ani Viticulture Bank was remained the main occupation, the best registered in 1931 with the Commerce and planted vineyards belonging to: Oromolu, Industry Chamber from Vâlcea district and Dinu Bratianu, Barbu Stirbey, Nicolae has been radiated on May 14 th , May 1946 17 . Budurascu. In 1946, 90 trading firms were registered, the majority dealing with trade, 114 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Involvement of Politics in the Development of the Banking System manufacture and textiles, followed by beginning of the 20 th century several po smith’s trade, pharmacies, restaurants and pular banks and rural cooperatives appeared wine cellars. At the same time, the which had an important contribution to the following developed their activities: Oltul development of the Romanian interna Mill 26 , four peasants mills, several mecha tional market, at the same time being an nical workshops, carpentry and cooper shops. important support for the peasants without From the same monograph we find credit. out that the Romanian National Bank did The Barsanul Popular Bank from not have any agency opened in Drăgă ani, Drăgă ani , an economy and credit society, but a Trade Bank, Drăgă ani Branch, began its activity on February 15 th , 1912, Vineyard Bank, Drăgă ani Bank and with unlimited term. The society head Peasants Bank functioned. When the mo quarters were in Drăgă ani, 215 Traian nograph was accomplished, banking ope Street 27 . rations were developed only in the Trade The initial social capital was 13,000 Bank. lei, and the purpose of the society was to After the Second World War, in the “ease the credit that the associates need for context of reorganizing the Romanian Na their farming work and trade” 28 . The bank tional Bank, some private banking insti was set up from the initiative of 25 people tutions were closed, others subordinated to from Barsanu 29 . the central institution. The first council of administration was In 1948 agencies were set up of the made of Andrei Ion Bleotu (president), Romanian National Bank in the localities: Marin Negreanu (vicepresident), Gh. I. Râmnicu Vâlcea, Drăgă ani, Călimăne ti, Ionescu, Nicolae Guinea, Florea I. Oraseanu, Băbeni and Bălce ti. The Drăgă ani Dumitru Dobrin (members); Dumitru Gh agency had to be installed in the building Provac, Ionita N. Stancu, Nae Savoiu (censors); that belonged to the Vineyard Bank, bank Nicolae N. I. Bleotu, Nae I. Lupu, Ion which was during the abolition. At that Barbulescu (deputy censors). The function time, the building was occupied by the of cashier was occupied by P. Gh. Bleotu 30 . local organization of the National Popular The St. Nicolae cooperative was set Party and also by the manager of Oltul up in 1909 with 125 members and a social Mill, as a lodger. The house was especially capital of 25,000 lei. The first council of built for a bank. After the necessary administration was made of Dumitru I. repairs, the agency had to have a room for Marinescu, manager, P. Macuceanu, president, operations, an office and the treasury. D. Marinescu, cashier. The cooperative Because of the opposition of the Na build bakeries in the locality, taking care of tional Popular Party regarding the eva the evaluation of wheat, tobacco, alcohol cuation of Drăgă ani agency, it was inau and “all sorts of other trading ope gurated on May 15 th , 1948 in the building rations” 31 . The activity of the cooperative of the exigency of the Trade Bank in was interrupted during the First World Craiova. War, hardly reorganizing after 1925. The building was situated on 12 23 th During the economic crisis of 1929 1933 August Street, Drăgă ani, the owner being the society entered into failure. The Ion Moldoveanu and it had four rooms of Drăgă ani viticulture cooperative was set which one was used as room for the up in 1930 with the social capital of operation, two rooms as a private dwelling 125,900 lei. In 1944 the bank had 200 and a room for the archives. At the members. The cooperative eased the
115 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES: Georgeta Ghionea operations of supply, production and sale 6 Idem, the Ramnicului Bank fund, file for viticulture and fruit farming for inter 16/1947, f. 2. 7 nal consume and for export in Germany 32 . Idem, the Vineyard Drăgă ani Bank fund, file 3/1948, f. 1. The headquarters of the cooperative was in 8 12 Palade Street, Drăgă ani. Idem, file 34/1931, f. 1. 9 Constantin Tudor, Ionita Iamandi, Gheorghe The first council of administration was Diaconescu, Alex. Olanescu, Nita Diaconescu, made of: G. Rosescu, president; Tile Anastasie, Nistor Bojenovici, Nicolae Povateanu, Costica V. vice president; Mih. Amzulescu, Marin Gheorghiu, Mihai Borta, Florea Duinac, Marin Ilinca, D. Neciu, G. G. Teodorini, Liviu Vasilescu, Stefan Rezerii, Nicolae T. Ignat, Petrica Ionescu, Mih. Sandulescu, Ion Tanasescu, Ionescu, Petre Popovici, Ioacib V. Ciuculescu, D. Cosma Bajenaru, G. Serbanescu, Ilie M. Nicolaescu, Grigore Iorgulescu, Costica Brezoianu, members. Iorgulescu, Costica Radulescu, Mihai ilie, Ion The Unirea Cooperative was set up in Talamas, Gheorghe Christescu, Mihai Panaitescu, 1939 by 118 people from the district with Mihalache Isvoranu, Ilie Constantinescu, Gheorghe a social capital of 540,000 lei 33 . Stanescu, I. Constantinescu, Gheorghe Tudor, Gavrila Gheorghe, Dumitru Pradatu, Ilie M. Concluding, we may affirm that, from Tudosie, Dumitru Luca. the initiative of the liberal mayors from 10 Natioal Archives in Râmnicu Vâlcea, the Drăgă ani, in the locality there were set up Industry and Commerce Chamber of Vâlcea the Drăgă ani Bank, the Trade Bank, District fund, file 34/1931, f. 1. Drăgă ani Branch, The Viticulture Bank, 11 Ibidem , f. 9. Drăgă ani Branch and the Peasants Bank. 12 Ibidem . The main objective of the banking insti 13 Idem, file 30/1931, f.1 and next. 14 tutions was to assure cheap credits, ne Ibidem , f. 7. 15 Idem, file 7/1931, f. 1. cessary to the enterprisers to develop the 16 industry, trade and to consolidate the Ibidem , f.2. 17 Ibidem, f. 11. peasants’ properties. 18 Idem, Industry and Commerce Chamber fund of Vâlcea District, file 43/1931, f. 1. otes 19 Ion Tomescu, Traian Mihailescu, Alex. Popa, 1 D. G. Capelleanu, The lineage of N. Manolescu, H. Abramovici, Aron Teodorescu, Capelleanu’s family 1745 1902 , Bucharest, Constantin Tetoianu, Fredrich Gelttesch, (from 1902, pp. 2 6. Râmnicu Vâlcea), G. I. Luculescu, Silviu Ionescu, 2 Aurel Viorel Popescu, Marian Constantin N. C. Popescu Portaresti, D. C. Popescu, Tatomir Popescu, Ion M. Ciuca, Personalities from Bratu, C. C. Popescu Portaresti, C. V. Gheorghiu, Drăgă ani. Laura Simulescu , Drăgă ani, Kitcom T. Rosenthal, D. Neciu, G. Rosescu, Dumitru Publishing, 2007, p. 42. Mitrulescu,Tiberiu Anastasiu, G. Calinescu, C. 3 Emil Istocescu, Teodor Barbu, Constantin D. Stanescu, T. Paraschivescu, Ionel Popescu, Serban, The Monograph of Drăgă ani City , I. N. Radulescu, C. Adamiade, Nae Ion (from Constanta, Ex Porto Publishing, 2004, p. 264. Drăgă ani), Radu Tintorescu (from Horezu). 4 Dimitrie I. Dumitru graduated the Superiour 20 National Archives in Râmnicu Vâlcea, Commerce School from Iasi. From the second Industry and Commerce Chamber fund of half of the year 1902 he received the mission to Vâlcea District, file 43/1931, f. 1. set up and organize the Agency of Romanian 21 Ibidem , f. 3. National Bank in Râmnicu Vâlcea, agency which 22 Ibidem . he had managed for 31 years (1902 1933). 23 Ibidem , f. 4. 5 National Archives in Râmnicu Vâlcea, the 24 Ibidem , f. 8. Romanian National Bank fund, file 4/1903 25 Idem , fund Romanian National Bank, file 1933, f. 7. 105/1939 1944, f. 101.
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FIRST STEPS IN ROMANIA’S MODERNIZATION The Involvement of Politics in the Development of the Banking System
26 The Oltul Mill, a joint stock company with a Nicole Gh. Provc, Nicolae I. N. Bleotu, capital of 2 million lei. The Mill had a capacity Mihalache Gh. Provac, D tru Gh. Provac, Ionita of production of two corn trucks and two wheat N. Stancu, Nae Savoiu, Ilie N. Bleotu, Sandu trucks in 24 hours. Buga, Ion I. Spiridon, Dumitru B. Deacon, Victor 27 National Archives in Râmnicu Vâlcea, Dobrin, Dumitru I. Tunaru, Marin I. Oprea. Barsanu Popular Bank fund, file 123/1931, f.1. 30 National Archives in Râmnicu Vâlcea, 28 Ibidem. Industry and Commerce Chamber fund of 29 Ghita Gh. Bleotu, Andrei Ion Bleotu, Petre Vâlcea District, file 123/1931, f. 3. Gh. Bleotu, Florea I. Orasanu, Ionita Gh. 31 Idem, fund Drăgă ani Town Hall, file Oasanu, Marin Negreanu, Gheorghe Ionescu, 7/1941, f. 26. Dumitru Dobrin, Nicolae Guinea, Ion P. 32 Ibidem. Barbulescu, Dumitru C. Predut, Nae I. Lupu, 33 Ibidem.
117 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES : FIRST STEPS IN ROMANIA’S MODERNIZATION
The Support Law of the Crown Domain
arcisa MITU
Abstract : This articol presents some less known aspects concerning the creation of the Crown Domain: focusing on the parliamentary debates, on the diversity of opinions and on the final text law. Keywords : king, civil list, estate, budget, law.
he period when Carol the First conservators, soon after the moment of ruled represented a very important Carol the First with Elisabeth of Wied T stage in the development of the marriage, initiative reminded by the con modern Romania, the 48 years of ruling servator politic character Titu Maiorescu, being some of real progress on many levels. during the meeting of the Romanian Carol the First assumed with patience, Senate from 6 th /18 th of June 1884. tenacity and ability the mandate that was Another proposal was made in 1882, given to him by the representatives of the at the initiative of D. A. Sturdza. He reali Romanian nation from east and south of zed a sketch with the estates that meant to the Carpathians. be held in the bill of constituting the In the context of the Kingdom pro Crown’s Domain 2. There was a proposal clamation, at March 14 th /26 th 1881, was that these state’s properties should be necessary the strengthening of the prestige declared inalienable and to be administra of the monarchic dynasty, without being in ted by the Crown and “should not be part any way affected the external one. Yet, of the state’s income budget”. They would Romania was still passing through a period have represented the Crow’s dowry. Was of transformations in all the directions. The also proposed that this law should come industry hardly coped with the foreign into force at April 1 st 1882. competition and the agriculture was touched The proposal for constituting the by the low prices of the agricultural pro Crown’s Domain would be materialized two ducts 1. In that period appeared the first years later, in 1884, during the liberal go bills that claimed for giving a financial vernment from 9 th /21 st of June – 23 rd /4 th of support for the monarchy, in the same time April 1888, when prime minister was Ion. with the maintaining of the civil list, so C. Brătianu. This proposal led to many de lution accepted in the first years of ruling bates in the Romanian Parliament. The pur of Carol the First. pose for constituting these domains was One of the first attempts of creating that to establish a more tight connection financial independence for the royal family between the dynasty and Romanians and appeared in 1870 as proposed by the the king himself would have also play a 118 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Support Law of the Crown Domain part as his compatriots in the agricultural Ilfov district; Bica from Neamţ district; problem. Gherghiţa from Prahova district; Clăbucetu Thus, at 10 th /22 nd of June 1884 3 was Taurului and Muntele Caraiman from promulgated the Law for creating the Prahova district; Domniţa from Râmnicu Crown’s Domain, proposed by I.C. Brătianu Sărat district; Mălini Suceva district; Borca as a parliamentary initiative. Suceava district; Saba a and Farca a Suceava First, the liberal government forwar district; Dobrovăţu Vaslui district. ded a project regarding the constituting of The 2 nd article mentioned that the the Crown’s Domain, presented by the Crown has the right to use the land and the deputy Andrei Vizante in the plenum of subsoil of the above mentioned properties, the Assembly of Deputies, during the without being necessary to give any gua meeting from 5 th /17 th of June 1884 4. rantee. All the possessions could be ex The vehement discussions revealed ploited either directly, either through leasing, the diversity of opinions of the politicians in which case the lease period must not that attended the meeting. The old con pass of 10 years. servators attacked the bill in the press, The 3 rd article mentioned that the looking to exploit the situation against the forests existing on these properties would Brătianu ministry. be exploited by the Crown, according with The liberal deputy Nicu Gane was the the prescriptions exposed in the forest code speaker of the delegates committee from and in the law from March 24 th 1882. the sections, committee made from the de The 4 th article was referring to the puties: Cantemir Enache, the general rights, the obligations and the way in Călinescu Atanasie, Andrei Vizanti, Titu which the forest agents were paid, but also Maiorescu, Papadopol Calimachi, Lascăr the Crown’s obligations of supporting all Costin. In the meeting from June 5 th 1884, the expenses that involved the sowing, the he read the report and the bill for the forests’ arrangements etc. constitution of the Crown’s domain, also The 5 th article stipulated the Domain’s evoking the progresses made by Romania inalienability and imprescriptibility. staring from 1857 that were: The Union, The 6 th article was referring to the fact the introduction and the consolidation of that the Domain didn’t have to pay any taxes the representative constitutional govern to the state, but those to the commune and ment system, the foreign hereditary ruling, district. the moments of conquering the indepen The 7 th article stipulated that it was dence and the proclamation of Kingdom, tax exempt of any stamp or registration motivating the report regarding the bill tax. As regarding the judicial problems, with the following words: “The higher the they were the same as the state ones. Crown will be, the higher our country will The 8 th article showed that its pro get” 5. perties were to be administrated by a Next, were read the articles that Domain’s administrator. formed the bill: The 9 th article was referring to the The 1 st article mentioned the domain’s lawsuits that would be bought only against composition, presenting the rural buildings the administrator. that were about to make part from its The 10 th established that the transac organization. They were: Ru eţ from Brăila tions were to have the same policy as for district; Sadova from Dolj district; the state properties. Segarcea from Dolj district; Cocioc from
119 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES: Narcisa Mitu
The 11 th article stipulated that in the change the 94 th article of the Constitution, lawsuits the assistance of the Domains’ only if this would have been proposed, fact Ministry was mandatory, assistance rea that amused the prime minister Brătianu. lized with the participation of the mi As a conclusion, he considered the en nistry’s public lawyers. dowing of the Crown as a “infringing of The 12 th article established that this the Constitution”. law should come into force at October 1 st When the meeting ended, when the 1884 when, the income of these properties law was accepted, he had the surprise to was no longer part of the state’s budget. see that among the estates proposed to Once that the bill was read, the deputy belong to the Crown was Segracea for P. Strejescu said that he will vote this bill, which “thousand of petitions were written fully trusting “the great man” that was the by the peasants to buy land” 10 . head of the Liberal Party and in the Also, the same deputy underlined that rightness of nation: “Today we fulfill an long discussions are necessary because this action of great righteousness. Endowing bill was referring to the way that the the Crown, we prove to the King that we Europe’s rulers had the public domain at are devoted to Him and to His Dynasty” 6. their disposal. He considered that the law And he still affirmed that it was the duty of wasn’t absolutely necessary because in the country to create the right means for Europe existed some cases, such as the new status, as a consequence of Carol’s England’s, where the king George the crowning: “We offer nothing more to our Third received money, and the Parliament King than our willingness of sustaining the supervised all the domains. prestige of the Romania’s Crown” 7. The deputy N. Dimancea combated The deputy P. Cernătescu brought for him, affirming that through the Constitution, ward the problem of the civil list, precisely in the 94 th article, was established the civil stipulated in the Constitution, taking care list for each reign, rhetorically asking those that it won’t be modified by the majority of in the room ”Is there a reign today?”, an some government, considering that: “these allusion to the fact that Romania lives in a problems must be prepared ahead; the pu new reality. blic opinion must be educated, long de The same deputy eulogized his ge bates must straighten the taken decisions” 8. neration that “offered a Crown to the country” Also, the opinion that the argument of and the country’s duty was now “to give endowing the Crown in order to be better back a dowry and not a longer civil list”. protected against the pretenders that will He pronounced himself for this bill, take the throne “secretly and in accordance considering that through this law Romania with foreigners”, is not valuable because will progress “on the way that the sentinel “only a mad, an unreasonable ambitious of the Latinity walks” in order to give man would think to separate these prin “stability to the country” 11 . cipalities united for eternity” and “those At the tribune on the Deputies’ from the ex rulers that claim the throne for Assemble took the floor a great Romanian themselves, for me they are just shadows orator that was the deputy N. Ionescu. He that chase illusions”. He motivate that “no affirmed that the prime minister I. C. Romanian would agree with such ideas” 9. Brătianu declared that the bill was in the In these conditions P. Cernătescu said attention of Europe, fact denied by the that such arguments can’t allow infringing president of the council. Then, he proved the Constitution, but still wishing to to be rather incisive with those that agreed 120 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Support Law of the Crown Domain with the bill saying that: “The Romanian he showed to his co speakers this bill with Kingdom can’t pretend to need support, only one article, dating from 1 st of January unnecessary straighten and, I dare to 1870 and mentioned those conservator affirm, no future warranties” 12 . In the same deputies that agreed with the bill: G. Gr. time he contradicted those who declared Cantacuzino, P. Mavrogheni, I. Văcărescu, that the dynasty was endangered because C. Blaremberg, Petre Grădi teanu, A. “the pretenders agitate themselves”. He Lahovari, A. Urechia etc. then asked a question to those present at He sustained the necessity of giving the debates, referring to the way the people their entire support for this bill because from this country would see this situation “Once we have this King as our leader, we that offers to the sovereign Domains like are received in the Europe’s family and we “the rulers from the past … considered the start to gain some importance in the Europe’s throne a way to become wealthy. A nation’s politic life, such a vote signifies that we are affection can’t be bought thorough the en willing to offer to our Kingdom the ma riching of the Crown” 13 . N. Ionescu con terial means to accentuate the external sidered that this law was no emergency for prestige, according with the growth of its Romania, because that situation didn’t ask importance” 20 . for it: “You must not forget that a Crown, After the allocution of T. Maiorescu, as mighty as it would appear, without the president of the Council said that, wealthy and satisfied people doesn’t mean referring to the question weather to give a anything” 14 . In his vision, the Court lives dowry in money or in estates to the king in an “exemplary simplicity”, without any that he was for the estates because the king need for ostentation and that’s why the king would have become “the first Romanian doesn’t need any supplementary expenses freeholder” 21 . because he knows how to manage his civil At the affirmation of the deputy N. list 15 . At the end he said that he would be Ionescu, according to which the destination among those who would vote against the bill. of the estates would be changed because of It is necessary to specify that this law this bill, was answered that the moment leaded to the withdrawal from the Parlia they are sold the property is changed and ment of the group leaded by C. A. Rosseti that “what we give to the Crown in only that didn’t want to act against it 16 . the usufruct, and the bare property remains Titu Maiorescu, in his speech, contra to the state” 22 . As a conclusion, the pre dicted his foregoing speakers, the deputies sident said that their destination and pro P. Cernătescu and N. Ionescu and returned perty remains the same. back in time, mentioning the moment After the intervention of N. Catargiu when His Royal Highness Carol the First that declared that he will abstain from the married with Lady Elisabeth and a ma vote, a proposition regarding the delay of jority from the conservator chamber, 65 the bill for the future Legislative Chamber, deputies 17 , proposed a yearly dowry of 300 proposal signed by C. M. Ciocăzan I. Orănescu, 000 lei, starting with 1 st of January 1870 18 . N. Ionescu, A Demetriad, D. Micescu, S. That proposal was received with en Nicolau, Z. Zamfirescu, Urseanu Valerian 23 . thusiasm at that time but the King, only a This proposal was subjected to vote, was Ruler at that time, didn’t agree, motivating rejected and the result of the debated was that: “not until the Romanian People that, those who proposed the law won. The would have seen the Lady” 19 . In order to bill was accepted with 77 votes “for” , 16 give credibility to those that he affirmed,
121 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES: Narcisa Mitu deputies were “against” and 4 abstain The bill was subjected for voting in from voting. totality and was ratified in the applauses of Once accepted, the next step was the the assistance with 76 votes for, 11 against voting on articles. After reading the first and 4 abstains from voting 27 . article, two deputies, N. Ionescu and Petre At June 6 th 1884, the Bill of the Crown’s Cernătescu tried to reaffirm their opinions, Domains was debated in the Romania’s considering that there wasn’t paid much Senate also. The Foreign Minister, Dimitrie attention to some aspects from the law. N Sturdza, read the royal message that for Ionescu accused the prime minister that he warded the bill. confuses the public domain with the state One of the Senate’s speakers, Eugen one, and P. Cernătescu brought again into Stătescu, took the floor supporting the ne discussion the inclusion among the estates cessity of this new law, because the civil meant to become the Royal Crown Do list established for the king in 1866, didn’t main of that from Segarcea, Dolj district, correspond to the necessity of the mo that he wished to changed it with a larger narchy anymore: “The law reaffirms the one if it is possible, “because this is re trust that the nation has in the monarchic quested by thousand of peasants to buy it principle and its attachment for the King because another larger property is not in and for the Dynasty” 28 . the Dolj district” 24 . Then the senator V. Maniu interfered Referring to the 2 nd article, 2 nd section, and said that he considers absolutely ne the representative deputy of the peasants cessary to exist a new law for dowry, Dincă Schileru, propose to those present an because the ruler had became King but, amendment through which a new commune taking into consideration that the oppo to be formed, with 200 250 Romanian sition retreated from the Parliament, the peasant liable to pay duties from the sub law can’t be deliberated upon and so, can’t mountain area, on the 12 estates be legitimate. mentioned in the first article. They should In this situation the prime minister I. receive 8 acres of land, depending on the C. Brătianu took the floor and presented quality of the estate, wood from the forest the reasons for which the bill from 1870 to build their house on their own expense, wasn’t materialized. He also answered to without paying taxes and, in addition, on a his foregoing speaker, making an incursion period of five years, the Crown will assure in the problem of the dowry in the Western “the agricultural implements for oxen and Europe, giving example that, in France, the ploughs” and then to compensate them. Parliament increased the necessary means Also, was requested that in each commune for the president of the Republic, D. Grevy the crown should build primary and although he beneficiated from the civil list. agricultural schools. He was motivated by That’s why he considered that changing the belief that the King will administrate the 94 th article from the Constitution was a them very well that “he will make model proof that the opposition, coming in the office, agricultural farms … he will bring foreign will be able to bring an action against for people to exploit the estates in a more infringing the fundamental law. He then systematic way” 25 . continued his speech making a short pre Although the amendment was rejec sentation for the way the rulers from the ted, being sustained only be five deputies, Middle Ages enriched themselves, recei all the other article had been adopted ving money and a house for which the without any further discussions 26 . people had to pay 30 40 000 ducats 29 . And 122 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Support Law of the Crown Domain more, he affirmed that the country had enough 8 Ibidem. p. 2615. estates (1.100 at that time) and afforded to 9 Ibidem . 10 offer to the Crown twelve of them. Ibidem. 11 Ibidem . The parliamentary debates ended with: 12 45 votes for the law, 5 against and 2 Ibidem, p. 2616. 13 Ibidem , p. 2620. abstains. 14 th nd Ibidem . In these circumstances, at 10 /22 of 15 Ibidem . June 1884, the two Chambers of the Ro 16 Ion Mamina, Ion Bulei, Guverne i manian Parliament adopted the Law regar guvernanţi, 1866 1916, Bucharest, Silex Publishing ding the Creation of the Crown’s Domains House, 1994, p. 55. that stipulated that the royal family will 17 O.G. D.D. A. nr. 165 from 6th /18 th of June receive 12 estates from the state’s 1884, p. 2622. 18 property, totalizing a surface of 118.286 Ibidem. 19 Idem, Dezbaterile Senatului , the meeting hectares, from which 67.198 of forest. th th th from 6 of June 1884, nr. 167 from 8 /20 of June 1884, p. 2639. otes 20 th th 1 O.G. D.D. A., nr. 164 from 5 /17 of Dan Berindei, Societatea românească în June 1884, p. 2624. vremea lui Carol I (1866 1876) , Bucharest, 21 Ibidem , p. 2623. The Military Publishing House, 1992, p. 70. 22 2 Ibidem . The Central Historic National Archives, the 23 Ibidem , p. 2624. Royal House Fund, The Administration of 24 Ibidem. Crown’s Domains, The Central Admi 25 Ibidem . nistration, d. 145/1942, f. 30. The proposed 26 Ibidem . estates were: Răsăritu(?), Apusul, Cotmeana in 27 Ibidem, p. 2625. Arge District, Citan (?), Vatra, I. Kîului, Pinu , 28 Idem, nr. 167 from 8 th /20 th of June 1884, in Buzău District, Ciuperceni in Dolj District, p. 2640. Vatra Mănăstirii Tismana in Gorj District, 29 Ibidem , p. 2644. Jigaba (Jigalva? ) in Ialomiţa District, Corbia cu Munţii in Muscel District, Caraiman in Prahova District, Vai de Eni cu Munţii, Comana in Vâlcea District, Barnova in Ia i District, Mălini, Borca in Suceava District, Tazlan, Tarcan, Bicaz, Vadurile, Galu and Pipirigu in Neamţ District, Dobrovăţu in Vaslui District. 3 Romania’s “The Official Gazette” (it will be th nd further cited as: O. G.), nr. 53 from 10 /22 of June 1884, p. 1097 1098; C. Hamangiu, Codul General al României. Legi Uzuale (1856 nd 1907) , 2 Edition, II vol., Bucharest, 1907, p. 729 730; Anuarul Ministerului Agriculturii, Industriei, Comerţului i Domeniilor, Legile, Decretele, Regulamentele (1859 1893) , Bucharest, 1893, p. 974 976. 4 O. G. Dezbaterile Adunării Deputaţilor , (it will be further cited as: O. G. D. D. A.), nr.164 from 5 th /17 th of June 1884, p. 2600. 5 Ibidem , p. 2618. 6 Ibidem , p. 2614. 7 Ibidem.
123 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES : FIRST STEPS IN ROMANIA’S MODERNIZATION
The Premises of Appearance of Constitutionalism in Moldavia
Loredana Maria ILI GROZOIU
Abstract : The subsequent article deals with presenting the appearance of modern juridical institutions in Moldavia in the Phanariot epoch. The article presents some projects, memoirs, also styled “constitutions”, which include some principles of national modern constitutionalism. The conclusion is that due to the content of the articles, their grouping and their presentation, these memoirs may be considered a project of constitution. Keywords : modern constitutionalism, Phanariot epoch, reform, project, government system.
n Romanian Principalities the debut of deposited by the national elites to modify some institution of juridical modernity the international status of the two Roma I is recovered in the Phanariot epoch as nian countries and also the exercising it cannot be ignored the fact that a series of procedure of the State’s functions. The ini measurements were the work of Phanariot tiated reforms in this period began a new lords 1. Among these measurements, we horizon of waiting opened to moderni may mention: the removal of juridical plu zation 4. ralism, the organization according to norms The memories and the reformed pro and rational principles of sources of justice jects after 1774 were considered “a legal and the improvement of justice admi and constitutional laboratory” 5 inside of nistration 2. which were enumerated, for the first time, The activity of codification, the effort a series of questions which were recovered deposited by the national code of laws in the following period. Thus these ques were parts of the process of modification tions are taking into account the following of marks system which characterized the aspects: the procedure to transfer the Romanian society beginning with 1780. power, the necessity of setting up a general Therefore the removal of customary law, assembly to compete to the rule of the the necessity of the written law, the ratio country and at the same time to represent nalization of the system of law’s sources the inhabitants, the difference between the are only few stipulation which appeared in national monarchy and foreign prince 6. this period 3. The principles included in these programs The process of reformation began by of organization of Romanian Principalities Phanariot lords was sustained by the effort recovered in the Organic Regulations which 124 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Premises of Appearance of Constitutionalism in Moldavia offered a normative frame to government, by middle class and lower middle class, thanks to which the State realized its which in Moldavia dominated the political functions. scene watching the access in the functions The formulated principles, registered in the government equally 11 . Having also into “The Declaration of Human Rights” the support of lord Ioniţă Sandu Sturdza, from 1789 by the ideologists of the French this category of nobles invigorated their revolution and also those which are reco positions. The upper bourgeoisie wanted vered stipulated into the French Constitu an oligarchy in government, and middle tion from 1791, were the legal models that and lower class marked to participate in influenced the memories and the reform government and to benefit of the privileges projects elaborated after 1774. Thus the of rank 12 . approached themes were: the international From the elaborated texts in this period, state and the government of Romanian is discerned the project of party of carvunars Principalities, the modalities to accomplish of 1882, named also “constitution” which the economic social transformations, the includes some principles of national mo sense of evolution of the two countries 7. dern constitutionalism. The author of this From the multitude of emitted texts project of constitution was Ionică Tăutul, after 1774, a certain place is occupied with Ioniţă Sandu Sturdza’s conspirator and the memories and the projects from 1821 counselor” “equerry of bourgeoisie, engineer 1822: Tudor Vladimirescu’s rising, the action of handicraft with a Romanian soul” 13 . To of Hetairia and the restoration of lord lands the redaction of this project participated: are only few circumstances which announ the governor Iordache Drăghici, the cup ced the existence, at least embryonic bearer Vasile Barnoschi, the carvunar Alex speaking, of the polemics that have Donici, the governor Iordache Catargiu, Stavar marked the following period 8. (sardar), agha Greceanu, Bishop Meletie In the content of the proclamations of Hu i 14 . addressed by TudorVladimirescu to the The Constitution of Carvunars syste participants at the rising from 1821 was matized the principles of organizing a rule noticed on one the hand the existence of of law: the separation of powers in the State, some ideas regarding the popular commit the rights and freedoms of the citizen, the ment towards the government, and on the limitation of king’s power, the necessity of other hand the trend to offer a space of pro apparition of a written constitution “the edge tection to private property. Thus was em of power”. The principle of separation in phasized the legal character of his rising 9. State was foresight in the 19 th chapter 15 . The effects of the rising of 1821 were The legislative power was exerted by felt in the following period through the Public Council and the governor. According possibility created into the Romanian Prin with the 20 th article from the Carvunars cipalities regarding the organizing of na Constitution, the public Council was made tional modern structures. Thus the rising of of: the metropolitan of the country, two 1821 and the restoration of national reigns bishops from the members of the Divan determined the renew or the change of and judicial departments and by a noble administrative, social, economic and political chosen in every region by the local structures of the two Principalities 10 . After nobles 16 . The Lord’s power was limited in the revolution of 1821 the internal situa relation with the Public Council. The Lord tion changed. Besides the upper bour consolidated and executed the decisions of geoisie, appeared a new force, represented the Public Council, but he did not have the
125 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008 HISTORY STUDIES: Loredana Maria Ilin Grozoiu initiative of the law, nor the right of veto or chosen by the Public Assembly, made of the right of dissolution. The Public Council the metropolitan, bishops and from nobles could meet without its members being assembly from logophete to gypsies. The convoked by the Lord. The executive Lord was chosen only he who was “known power belonged to the Lord. Thus, the for his good deeds, for his patriotism and Lord, chosen from earthly by the Public for his belief towards kingly power” 21 . Assembly made of the leaders of the The legislative power was exercised church and from “the entire community of by the Divan in the highest instance, by the nobles” and confirmed by the Porte, was second Divan, by the department of fo helped by a Public Assembly which had reign reasons, and from delinquency depart more important attributions than the Lord ment. Every region contained a compoun had 17 . The interference of the Public ded court from a judge and a ispravnic 22 . Assembly in the Lord’s attributions was The first Divan was compound of: a more real than the Lord’s in the business logophete, four mayors, a high spatharius of the Public Assembly. For example the and a ban 23 . The second Divan was made Lord was the chief of army but he could of: a noble “without effective nobility, a cup not give orders to gendarme but only with bearer, an equerry and a high steward”. the Public Assembly, he could not give by This Divan was a kind of court of justice himself noble ranks, and the officers were which judged the civic and trading pro named by the Public Assembly 18 . blems 24 . The department of foreign reason The form of government was repre was made of five nobles without effective sented by the constitutional monarchy. nobility, the high gendarme that could take Therefore the principle of separation exis place in the debates; he had the right to ted but required the cooperation between consultative vote, without the right to sign the legislative power and the executive and the decisions 25 . mutual control. The decisions of Public The power of the church was sovereign. Assembly were taken with absolute ma It was provided the nationalization of the jority. All members had to be present at churches and monasteries, the adminis the debates. The member who was missing tration of Moldavian priests. because of an ill or other reasons, had to There were provided regulations re replace himself with a deputy. The Lord ferring to the content and the action of consolidated and executed the decisions, freedom. Otherwise article 22 from the advanced through the anaphora signed by Constitution included provisions referring all the members of the Assembly. He to the religious freedom, differing between could return the anaphora through royal the Orthodox religion that had the entire characters in which he expressed his opi freedom and the other cults, “only tolerated” 26 . nion. The adopted decisions by Public Regarding the personal freedom in the Assembly and enforced by the Lord were 6th article was stipulated: “no one should considered “that express the will of the be accused, arrested, or punished for cases entire country”. To them had to be said provided by law, according to the legal laws” 27 . “the community people”, including the There were provided the freedom of industry deputies and the Lord 19 . Thus, according to and trade, of education and printing 28 . article 74, even the Lord was subordinated A special attention was accorded to to the power of the “codex of laws” 20 . individual properties, being considered a In article 72, in the Constitution of the natural right of human. It was guaranteed Carvunars was provided to be earthly, the right of individual property of mobile 126 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008
FIRST STEPS IN ROMANIA’S MODERNIZATION The Premises of Appearance of Constitutionalism in Moldavia and immobile goods on “of soldiers’ fruits 4 Vlad Georgescu, Ideile politice i iluminismul and skills” 29 . Through articles 3 and 58 the în Principatele Române , Bucharest, Academy Printing, 1972, p. 45. constancy of the right of property was res 5 th Ioan Stanomir, op. cit. , p. 15. pected. The 5 article provided the expro 6 priation for causes of community use 30 . Ibidem . 7 Vlad Georgescu, Mémoires et projets de réforme The liberty was statuary to give petitions to dans les Principautés Roumaines. 1831 1848. the Divan and the right of petition to the Bucharest, Academy Printing, 1972, p. X. sovereign. At the same time, was provided 8 Ioan Stanomir, op. cit., p. 16. the equality of all citizens before the law, 9 Paul Cornea, Originile romantismului românesc , the promoting being done for the ones who Bucharest, Minerva Printing, 1972, p. 166 167. deserve. A certain importance settled in 10 *** Istoria românilor , vol. VII, tom 1, the achieving and losing of the quality of Bucharest, Encyclopaedic Printing, 2003, p. 63. 11 citizen and of the rights of foreign citizens. Ibidem , p. 65. 12 Ibidem , p. 67. The Carvunars Constitutions, unlike 13 the memories and projects of precedent Alecu Russo, Cugetări, Bucharest, 1977, p. 134. constitution from 1822, expressed more 14 D.V. Barnoschi, Originile democraţiei clearly the principles and the organization române. “Cărvunarii”. Constituţia Moldovei norms of State life, the mutual control and de la 1822 , Ia i, 1922, p. 110 120. the collaboration of the power in State it 15 M. T. Oroveanu, Istoria dreptului românesc proclaimed the autonomy of State the in i evoluţia instituţiilor constituţionale , Bucharest, dividual liberty, the equality before the law, Cerma Printing, 1992, p. 199. the liberty of education, work, trade, industry 16 D.V. Barnoschi, op. cit ., p. 158 161. 17 and the liberty of conscience and the press. Valeriu otropa, Proiectele de constituţie, As it was mentioned “the Moldavian programele de reforme i petiţiile de drepturi din memoir is not a simple enumeration of Ţările Române în secolul al XVIII lea i prima jumătate a secolului al XIX lea , Bucharest, liberal principles; it is more, an attempt to Academy Printing, 1976, p. 74 solve in a liberal spirit the two problems of 18 Ibidem , p. 73. modern organization in the content of the 19 D.V. Barnoschi, op. cit ., p. 169. society a bit structured from the economic, 20 Ibidem , p. 223. social and administrative point of view” 31 . 21 Ibidem , p. 221. Definitely, the constitutional settlement 22 Ibidem , p. 171 174. from 13 th September 1822 represented an 23 Ibidem . 24 important step in the introduction of mo I. endrulescu, Memoriul cărvunarilor , in dern government system, according to the “Memoirs Studies and Juridical Research”, 16, requests of historical progress. 1971, 3, p. 463 470. 25 Ibidem . From the content of the articles, from 26 D.V. Barnoschi, op . cit ., p. 136. their group and also from the exposition 27 Ibidem , p. 140. results that this memoirs may be con 28 Valeriu otropa, op . cit , p. 69 71. sidered a project of constitution. 29 D. V. Barnoschi, op . cit ., p. 137. 30 M.T. Oroveanu, op . cit ., p. 200. ote 31 *** Istoria românilor ,…, p. 67. 1 Ioan Stanomir, Libertate, lege i drept. O istorie a constituţionalismului românesc , Ia i, Polirom Printing, 2005, p. 15. 2 Ibidem . 3 Ibidem .
127 Revista de tiinţe Politice . R evue des Sciences Politiques • Nr. 20 • 2008