Obligaţia de loialitate a minorităţilor etnice şi naţionale la interferenţa dreptului penal şi procesual penal din România - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 61–72

DOI: 10.47745/AUSLEG.2024.13.X.05

Abstract. The majority state expects ethnic and national minorities to beha­ve loyally, and from the ‘antagonistic’ relationship between the striving for minority survival and the striving of the majority to create ethnic exclusivity at the national level some aspects of the concept of national security were born. By invoking national security as an exceptional situation, which can justify the disproportionate restriction of fundamental rights, the state even uses criminal law or criminal procedural law instruments to preventively restrict minority rights without respecting the presumption of innocence. The present study attempts to present some of those situations where ri­gorous instruments of criminal law and criminal procedure are ‘diluted or sacrificed’ in order to prevent acts of ‘lawlessness’.

Keywords: ethnic minority, national minority, national security, threat to national security, separatism, territorial autonomy, treason, attempt, terro­rist act, preventive restraint, special methods of surveillance or investigati­on, effective law, effective remedy