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Law No. 86 Of 6 February 1945 Relating To The Status Of Minority Naţionalitatilor

Original Language Title:  LEGE nr. 86 din 6 februarie 1945 privind Statutul Naţionalitatilor Minoritare

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LEGE no. 86 86 of 6 February 1945 on the Statute of Minority Nationalities
ISSUER KING MICHAEL
Published in OFFICIAL MONITOR no. 30 30 of 7 February 1945



MIHAI I, Through the grace of God and the national will, King of Romania, To all present and future, health On the report of the Ministers of State Secretaries to the Departments: Minority Nationalities, Justice, Home Affairs, National Education and Religious Affairs with No. 123 of 1945, Seeing the journal of the Council of Ministers No. 187 of 1945, On the basis of the high royal decree No. 1.626, published in the Official Gazette of 2 Septemvrie 1944, We decreed and decreed: Law on the Statute of Minority Nationalities + Chapter 1 General provisions + Article 1 All Romanian citizens are equal before the law and enjoy the same civil and political rights, without distinction of race, nationality, language or religion. + Article 2 It is forbidden to research the ethnic origin of Romanian citizens in order to establish their legal situation. + Article 3 The distinction of language, of religion, of race or nationality, cannot constitute a hindrance to any Romanian citizen, for the acquisition or use of civil and political rights, or for admission to public offices or for the exercise of any profession. + Article 4 Romanian citizens, belonging to nationalities of another language, race or religion, than the Romanian one, will enjoy the same treatment and the same guarantees in law and in fact, like the other Romanian citizens. Any restriction, direct or indirect of the rights of citizens, or vice versa, the establishment of privileges, direct or indirect, for citizens, on the basis of their race, religion or nationality, as well as any preaching of exclusion or of urea and contempt of race, religion or nationality, shall be punishable by law. + Article 5 Every Romanian citizen is alone entitled to establish his mother tongue or nationality. Any interference from any authority in this regard is prohibited, with official bodies obliged to accept the indication of that citizen. + Chapter 2 Special provisions SECTION I Language provisions relating to language + Article 6 The official language of the Romanian State is Romanian. However, in those administrative territories or judicial constituencies, where a large part of the population is of a language other than the Romanian one, the ones shown in art. 8 8 and the following. + Article 7 In particular relations, such as correspondence, telephone conversations, etc., in industries and trade, in matters of religion, press, publications of any nature, or in public gatherings, Romanian citizens can freely and without any restriction any language. + Article 8 The courts and courts that have jurisdiction over a judicial district in which according to the last census, at least 30% of the inhabitants, are of the common mother tongue of the respective population, but other than the Romanian one, are obliged: a) To accept any script presented by the inhabitants of the respective constituencies that form the 30% quota, in their language without claiming a translation in the language of the State; b) To rule on these scriptures in the same language; c) To listen to the part in his mother tongue. + Article 9 The Ministry of Justice establishes, on the basis of official statistical data, which are the courts and judgments provided in art. 8. + Article 10 The municipal and county authorities that have territorial competence over an administrative district, in which according to the last census, the number of citizens of the common mother tongue, other than the Romanian one, is at least 30% of the total inhabitants The district is obliged to: a) To accept any kind of scripte, from the inhabitants who form the 30% quota, in their mother tongue, without claiming that they also present a translation in the official language of the State. b) Pronounce to the written letters in the same language; c) To listen to the part in his mother tongue; d) In the communal and county councils of such territorial districts, the elected or rightful members of the nationalities of 30%, will be able to speak in their mother tongue. + Article 11 The Ministry of Interior, on the basis of official statistical data, determines which are the communes and counties provided by the previous article. + Article 12 Magistrates and officials of the courts and administrative authorities referred to in art. 9 and 11, will have to know the language of those nationalities. + Article 13 Newspapers and periodical publications that appear in a language other than Romanian will be able to indicate in the language of that minority the name of the locality where the newspaper appears as well as the names of the other localities + Article 14 The family names of citizens, in the registers and civil status documents, will be written only in the form and with the original spelling, proven with the personal documents of the citizen. + Article 15 In rural cities and communes where according to the last census at least 30% of the total inhabitants is of the common mother tongue, other than the Romanian one, the names of the streets will also have to be indicated in the language of the respective nationalities. + Article 16 Civil servants, of any category, appointed on the basis of diplomas or certificates issued by educational institutions recognized by the State, will not be able to be subjected under any reason, to any Romanian language exam. + Article 17 The laws intervening from 23 August 1944, as well as their implementing regulations, will be translated into the official collection, in the languages of those conhabiting nationalities, which represent at least 5% of the total population of the country, according to the last census. The regulations, ordinances and communiqués of the local authorities shall be published in the language of nationality constituting at least 30% of the population of the respective county or locality. SECTION II Provisions on education + Article 18 The Romanian state provides education in the mother tongue through primary, secondary state schools, higher for the conhabiting nationalities that possess a sufficient number of applicants and except for localities where private schools confessional meet this need. The teaching staff in the State schools, or their wards, of a language other than the Romanian one will be recruited preferably from that nationality. + Article 19 The provisions that apply to Romanian confessional private schools, also apply to private confessional schools of nationalities. + Article 20 In the exams, including the baccalaureate, both in state schools, or their wards, of a language other than the Romanian one, and in the particular denominational schools of those nationalities, students will be examined in the language in which their subjects were taught. Except that the student himself wishes to be examined in Romanian. + Article 21 The particular confessional schools of nationalities will enjoy the same material support of the State, as well as the Romanian confessional private schools. + Article 22 Besides the Faculty of Law and the Faculty of Letters and Philosophy at the University of Cluj, there will be established chairs with the Hungarian and German teaching language, as necessary, considering the number of their respective students. SECTION III Provisions relating to cults + Article 23 The recognized cults administer their goods according to the statutes or acts of foundation, according to the law on the general regime of cults. + Article 24 The interference of administrative authorities in religious service matters of cults recognized outside the control of the Ministry of Religious Affairs is prohibited. + Article 25 The priests of all cults recognized at equal training and equal erarchic degrees, will be equally salarized, in as much as their confessions will represent the number provided by the law of the cult regime in order to enjoy the material support of the state. + Chapter 3 Final provisions and transitors + Article 26 The Ministry of Minority Nationalities, in agreement with the Ministry of Justice will take the necessary legislative measures to resolve all remaining outstanding applications, submitted under the decree-law to amend and supplement some provisions of the law on the acquisition of Romanian citizenship published in the Official Gazette no. 171 of 27 July 1939 and for the granting of a new registration deadline. + Article 27 The Ministry of Nationalities will take care of the execution of the provisions All administrative and police bodies will execute the provisions of this ministry, given in connection with the application of the present law. The complaints of Romanian citizens of any denomination or nationality, for violation or wrong application of the principles established by this law, will be addressed to the Ministry of Minority Nationalities. + Article 28 All previous legal or regulatory provisions contrary to this law are also repealed. MICHAEL I Justice Minister, Lucretiu Patrascanu Minister of nationality minortare, Gh. Vladescu-Racoasa Minister of National Education, Stefan Voitec Minister for Home Affairs, General Army Corps Adjutant N. Radescu Ministry of Religious Affairs, Gh. Popp Report of the Minister of Minority Nationalities to M. S. King Sire, We have honor to submit to the High approval and signature of Your Majesty, the next draft decree-law for the status of nationalities. This bill does nothing but groups in a whole unitary the legal provisions that recognize the rights and freedoms of nationalities in the Romanian state. He is found on the line of the broaden and our generous understanding of all the peoples that fate has determined to live together on the territory of our State. Starting with the Proclamation from 1 Decemvrie 1918 in Alba Iulia and continuing with the Treaty of Minorities that we signed in 1918, with the provisions of the Constitution of 1923 and with the legal provisions of different competent authorities invested with it competence, the Romanian State understood to enshrine our traditional folk humanity and to enroll in occasional texts the norms that must guide in our relations as a majority Nation with the other conhabiting nationalities, less Numerical. The lack of a precise and coordinated legal instrument in terms of the rights and duties of Romania's conhabiting nationalities was primarily alive felt in our legislation. Today when Romania's policy has gained a new pace and is penetrated by a new spirit, the promulgation of the legal and political status of the Romanian national nationalities appears as an obvious necessity imposed both by the internal situation and by the position international of the country and of the State. I'm with the deepest respect, Sire, Your Majesty, too long gone and too obedient, Minister of minority nationalities, Gh. Vladescu-Racoasa -----