A nyelvi alapú hátrányos megkülönböztetés a közérdekű információk megismeréséhez való jog kontextusában a romániai országos diszkriminációellenes tanács esetjogában
Language-based Discrimination in the Context of the Right to Access to Data of Public Interest in the Case Law of the Romanian National Anti- Discrimination Council

Summary/Abstract: The struggle of the Hungarian minority for language rights is an ongoing process in Romania, so it is not surprising that today, in addition to recourse to the judiciary, members of the Hungarian minority also appeal to the National Council for Combating Discrimination on a number of occasions to establish the fact of discrimination. In order to guarantee the principle of equal treatment, the European Commission considers separate legislation at the level of the Member States as the most effective solution, which is the reason why Romania has intended to regulate the provisions on the principle of equal treatment in a separate piece of legislation, in accordance with its harmonization obligations. Thus, in Romania, the Anti-Discrimination Council was established by Government Decree No. 137/2000 to guarantee the principle of equal treatment in accordance with existing national legislation, European Union law and international conventions. Every citizen has the right to complain to the Council, and the body can make decisions not only in cases of language discrimination against the members of the Hungarian minority, but also in cases of language discrimination against the members of the Romanian-speaking community. As the public appearance and use of the mother tongue is extremely important not only for the minority, but also for the majority, I have taken decisions under scrutiny from the case law of the Council where the fact of discrimination was established primarily with regard to the language criterion. In addition, the Council’s practice has shown that most language discrimination cases occur in the context of access to data of public interest.

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