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„protecţie efectivă a drepturilor omului”

Ministry of Education has drawn-up specific organizational procedures. The Steering Committee sets down in this regard that the Ministry of Education and Research has drawn-up the Procedure of organization and conduct of enrollment in state high-school education for the school year 2007-2008 and the Schedule of admission to high-school education in school year 2007-2008. This procedure and the schedule of activities are approved through Order no. 5.262 of 5 October 2006, published in the Official Gazette of Romania, part. I, no. 1.021 of 22 December 2006. Thus, from the date of their publishing the assumption arose that they grew to be known by the entities/individuals concerned, nobody being able to raise in their defence that they don't know the law as regards the acts and deeds with legal substance they perpetrated, according to the principle "nemo censetur ignorarem legem". The Steering Committee sets down that the procedure of organization and conduct of admission to state high-school education for the school year 2007-2008, published in the Official Gazette no. 1.021 of 22 December 2006 contains a chapter referring to „Admission of candidates to special places for the Roma and of candidates for the special education”(Excerpt of Decision no. 433 of 05.11.2007 and similarly, Decision no. 592 of 24.11.200930).

C. Affirmative measures. Recognition of the right of organizations belonging to national minorities to be represented in the Romanian Parliament. Legal and constitutional regime. 241. The exercise of the right to vote corresponds to one of the most significant stages of the electoral process, in fact the electoral campaign. It is firstly extremely important through the system of correlations with one of the fundamental citizenship rights: freedom of expression, right to information, etc. Within it, candidates, parties, all political entities, social organizations and citizens must have the right to express their opinions freely, without any discrimination. (see Ion Deleanu, Constitutional institutions and procedures in Romanian law and comparative law, C.H. Beck Publishing House, Bucharest, 2006). In the context of the petition subject to settling, we set down that according to art. 38 of the Romanian Constitution, reviewed, „After Romania's accession to the European Union, Romanian citizens shall have the right to elect and be elected to the European Parliament”. Also, in conjunction with the provisions of art. 62 par. 1 and art. 81 par. 1 of the Constitution, the vote is universal, direct, secret and freely expressed”.

242.      The freely expressed vote defines the vote as the possibility of the citizen to participate in elections or not and in
case it participates to freely express their option for a certain list of candidates or for a particular candidate. Thus, Romanian
constitutional provisions value the freely expressed vote, in conjunction with the democratic provisions from most countries
in the world (see in this regard Ioan Muraru, Elena Simina Tanasescu, Constitutional law and political institutions, Volume II,
Edition XI, All Beck Publishing House, Bucharest, 2004). The Steering Committee acknowledges the uniqueness of the
constitutional regime in Romania which consists of recognizing the right of organizations belonging to national minorities to
be represented in the Parliament. In the same regard, the Romanian legislator establishes in law no. 14/2003 regarding
political parties, subsequently amended and supplemented the right of these organizations to take part in elections.
243. The Steering Committee sets down in this regard the decisions of the Constitutional Court in electoral matters in
which it was settled that: „with reference to the provisions of art. 62 par. (2) of the republished Constitution which establish
that: Organizations of citizens belonging to national minorities, which fail to obtain the number of votes for representation in
Parliament, have the right to one Deputy seat each, under the terms of the electoral law” it results that the Constitution

confers a special regime to organizations belonging to national minorities to allow them political representation within the Parliament. Thus, art. 55 of Law no. 14/2003 which establishes that, except for articles it mentions the provisions of the law of political parties applies to organizations of citizens belonging to national minorities that participate in elections is harmonized with this constitutional text. Under it, which legitimizes the participation of organizations of citizens who belong to national minorities to Parliamentary elections , these organizations will be integrated with the other electoral actors, namely political parties, in the absence of such integration being endangered the equality of opportunities of those who take part in this suffrage. In other words, organizations set up under the right of association established in art. 40 of the republished Constitution may be in different legal situations, as they participate in elections or not. When they participate in elections, under the law, their integration with the other actors of the electoral process is necessitated by the principle of equality of opportunity in the in the conduct of the electoral process" (see Decision of the Constitutional Court no. 53 of 12 February 2004).

30 Committee Decision no. 433 of 05.11.2007 and no. 592 of 24.11.2009, reasonings drawn-up by NCCD Steering Committee member, Dezideriu Gergely

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