The Training of Teachers in A Society of Informati

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EDITORIAL BOARD
Editor in Chief
Ion VIŞA, Dr.Eng., Prof.
Co-editors:
Anca DUŢĂ, Dr.Eng., Prof.
Elena HELEREA, Dr.Eng., Prof.
Liliana ROGOZEA, MD, PhD, Prof.
Senior editor Series VII

Silviu COPOSESCU, PhD, Prof.
Editors, Series VII
Claudiu COMAN, PhD, Prof. (Sociology and Communications Sciences)

Romulus CHIRIŢĂ, PhD, Prof. (Philosophy)
Cristinel MURZEA, PhD, Prof. (Law)
Mariela PAVALACHE-ILIE PhD, Assoc. Prof. (Psychology and Pedagogy)
Codrina SANDRU, Assoc. Prof. (Sociology and SocialWork)
Gabrielea RĂŢULEA, Assoc. Prof. (Politology)
Secretary, Series VII

Laura MUREŞAN, PhD, Assistant
Andreea SAVA, PhD, Assistant
Final Technical supervision

Victor BRICIU, Assistant
Camelia TRUŢĂ, Assistant
English Language Supervision

Lucian RADU, PhD, Lecturer
Emilian PAŞCA, PhD, Assistant
Web-site: http://but.unitbv.ro/BU2009
Address: 29, Eroilor st., 500036, Braşov, Romania
Phone: +40-268-410525
E-mail: rector@unitbv.ro
© All rights reserved

SCIENTIFIC COMMITTEE: SOCIAL SCIENCES AND LAW
Professor.Dr. Maria BUCUR-DECKARD, Indiana University, USA

Professor Dr. Carlo CARBONI, Universita Politecnica Delle Marche, Ancona, Italia
Professor Dr. Giuseppina CERSOSIMO, Universita Degli Studi di Salerno, Italia
Professor Dr. Rita CLAES, Universiteit Gent/Ghent University, Belgium
Associate Professor Dr.Elena COCORADǍ
Professor.Dr. Mihai COMAN, University of Bucharest, Romania
Professor.Dr. Silviu COPOSESCU, Transilvania University of Braşov, Romania
Professor.Dr. Monica DE ANGELIS, Universita Politecnica Delle Marche, Ancona, Italia
Professor.Dr. Nicolae EDROIU, Babeş-Bolyai University, Cluj-Napoca, Member of The
Romanian Academy, Romania
Professor.Dr. Nicu GAVRILUŢǍ, Alexandru Ioan Cuza University,Iaşi, Romania
Associate Professor Dr.Ioan GÂNFǍLEAN, 1Decembri 1918 University,Alba Iulia, Romania
Associate Professor Dr. Carmen Adriana GHEORGHE, Transilvania University of Braşov,
Romania
Professor Dr. Alexandru IONAŞ, Transilvania University of Braşov, Romania
Professor Dr. Adrian IVAN, Babeş-Bolyai University, Cluj-Napoca, Romania
Professor Dr. Tặnase JOIŢA, Transilvania University of Braşov, Romania
Professor Dr. Marcela LUCA, Transilvania University of Braşov, Romania
Professor Dr. Sorin MATEI, Pardue University, USA
Professor Dr. Carla MORETTI, Universita Politecnica Delle Marche, Ancona, Italia
Professor Dr. Valentin MUREŞAN, University of Bucharest, Romania
Professor Dr. Rodica NICULESCU, Transilvania University of Braşov, Romania
Associate Professor Dr. Gheorghe ONUŢ, Transilvania University of Braşov, Romania
Professor Dr. Francesco ORAZI, Universita Politecnica Delle Marche, Ancona, Italia
Professor Dr. Emmanuele PAVOLINI, Universita Degli Studi di Macerata, Italia
Professor.Dr. George POEDE, Alexandru Ioan Cuza University,Iaşi, Romania
Professor.Dr. Marian PREDA, University of Bucharest, Romania
Professor Dr. Gabriela RǍŢULEA, Transilvania University of Braşov, Romania
Professor Dr. Konstantinos RAVANIS, University of Patras, Greece
Associate Professor Dr. Codrina ŞANDRU, Transilvania University of Braşov, Romania
Associate Professor Dr. Ioan SCHEAU, Transilvania University of Braşov, Romania
Professor Dr. Constantin TICU, Alexandru Ioan Cuza University,Iaşi, Romania
Professor Dr. Stefano TOMELLERI, Universita Degli Studi di Brgamo, Italia
Associate Professor Dr. Ştefan UNGUREAN, Transilvania University of Braşov, Romania
Professor Dr. Nicolae VOICULESCU, Transilvania University of Braşov, Romania
Professor Dr. Cặtặlin ZAMFIR, University of Bucharest, Member of The Romanian Academy,
Romania
Professor Dr. Elena ZAMFIR, University of Bucharest, Romania
CONTENTS
SOCIOLOGY AND ANTHROPOLOGY ................................................................ 7
Coposescu S.: Defining Identity in the Context of Globalization ....................................... 9

Dancu A.: Investigating the Social World through Photography ……………………… . 15
Marzano M.: "Secrets and Lies”: (Not) Telling Bad News in Italian Oncology .............. 22
Onuţ Gh.: Application of Six Thinking Hats with the Theme „Profession of Sociologist”.
Transcript Of The Sequence Of Green Hat............................................................. 31
Răţulea G.: Minorities Protection, Democracy and Cultural Pluralism. ......................... 42
Sava A.: Community of Predeal ≈ General Descriptive Elements ≈. ............................... 52
Sandru C.: Current Outlook upon Ethnography ............................................................... 61
Ungurean Ş.: Sociology and Literature; a Postmodern Analysis of the “Răscoala”
Novel.. ................................................................................................................... .69
PSYCHOLOGY AND PEDAGOGY ....................................................................... 77
Clinciu A. I.: Conceptualization, Cognitive Process between Image and Word .............. 79
Cocorada E., Luca M., Pavalache-Ilie M.: Perceived Assessment Style and Learning
Motivation ............................................................................................................... 85
David L. T., Clinciu A. I.: Psychological Measures of Spatial Abilities .......................... 93
Indreica E.-S.: Artistic Language in Non-Verbal Communication ................................... 99
Niculescu R. M.: Trying to Understand Curriculum in a New Millenium..................... .105
Paola N.: Evaluating Training Outcomes: Some Reflections on an Online and in Presence
Modality ................................................................................................................ 113
Truţa C., Broidioi B.: A Romanian – Belgian Comparison on Work Related Stereotypes
and Behaviours ..................................................................................................... 123
Voinea M.: The Training of Teachers in Information and Communication Society ....... 129
SOCIAL WORK......................................................................................................... 135
Bodi D.-C.: Role of the Family and of the Social Services in Elderly Persons’ Life ...... 137
De Angelis M.: Immigrants in Italy and Their Right to Health Services: The Importance
of Health Services for an Easier Integration ……………………… .................... 145
Zanca R.: Contraceptive Attitudes and Practices in the Roma Communities ................. 155
6 Bulletin of the Transilvania University of Braşov • Vol. 2 (51) – 2009 • Series VIII
LAW .............................................................................................................................. 161
Aldea A.: Tax Dodging. The Offence Stipulated by Article 9 alin.1 let.a from Law
24/2005. Considerations ....................................................................................... 163
Bianov A.: The Dilemma of Positive Legislator or the Difficulties of the Constitutional
Procedural Law ……………………… ................................................................ 167
Cepillo Galvín M. Á.: The Case-Law of the Court of Justice of the European
Communities Concerning the Law of the World Trade Organization and the
Autonomy of the European Community in the Implementation of its Common
Commercial Policy ............................................................................................... 173
Del Valle Gálvez A., Remi Njiki M.: The Use of Spanish Regional Official Languages in
the Court of Justice of the European Communities .............................................. 180
García Soto M.: The Right to Privacy and the Right to Intellectual Property in Internet:
the Promusicae Case, a Significant Judgement of the European Court of Justice.188
González García I.: Gibraltar and the European Parliament Elections before the
European Court of Justice .................................................................................... 195
Manea L., Manea A. C.: The Investment of the Payment Instruments with Executory
Formula ................................................................................................................ 203
Mureşan L., Gheorghe C. A.: The Relation between the Romanian Banking Commercial
Companies and the Corporate Social Responsibility.. ........................................ .207
Spiridon C.-C., Şaramet O.: “Equal Work Require Equal Salary” – Side of the Principle
of Equality Treatment between Men and Women ……………………… ............. 213
Verdú Baeza J.: Towards a Right to the Environment in Europe: Noise and Jurisprudence
of the European Court of Human Rights .............................................................. 219
PHILOSOPHY AND HISTORY ............................................................................ 227
Borcoman M.: A Page from the History of the Principality of Transylvania ................. 229
Sorea D.: Observations with Respect to the Future of Religion Prefigured by R. Rorty
and G. Vattimo ……………………… ................................................................. 237
Tomelleri S.: Social Relations in the “High Place” of Technology ............................... 243
Authors Index ................................................................................................................. 249

SOCIOLOGY AND
ANTHROPOLOGY
Bulletin of the Transilvania University of Braşov • Vol. 2 (51) - 2009
Series VII: Social Sciences and Law
DEFINING IDENTITY IN THE CONTEXT

OF GLOBALIZATION
Silviu COPOSESCU 1
Abstract: The paper focuses on problems of individual and social identity-

construction in the context of globalization. The author analyses the concept
of identity from modernity and post-modernity perspectives. As a conclusion
the author claims that a new approach strategy of defining and interpreting
the epoch of globalization is necessary in order to explain and understand
the social changes at local, regional and world levels.
Key words: identity, crisis identity, globalization, social changes..
1. Identity and Change everybody has a saying on identity:

In a changing world, the English poet sociologists, anthropologists, political
and essayist T.S. Eliot remarked, there is theorists, psychologists, historians,
one thing that remains unchanged, the philosophers, etc. Moreover, identity is not
continuous struggle between Good and only a topic of intellectual debates, but a
Evil. But, as David Massey (1) observes, practical issue as well. Business people
there are still other things that do not have understood that in order to sell goods
change. For example, the never-ending and services it is necessary to sell an
longing for identity that grows as times “identity” as well. Purchasing a new
change. And the 21-st century seems to be product means a new brand. Thus, identity
the epoch of globalization and of changing is constructed and purchased in corner
times. In this context of profound and shops, in school, at the workplace, during
accelerated changes, individuals, groups business trips or holidays, in families or
and (small as well as large) communities groups of friends. A new brand (new
are fearfully and hopefully searching for dressing style, new diet, new hair style,
their identity. Identity is present – whether new interior design, new job, new
explicitly or not – on the lips of ordinary organisation, new group of friends, etc.)
people, in the halls of governmental means a change, with regard to the epoch
offices, in the seminar rooms, in the social and the others. Consequently, identities
science research laboratories, and among change: new identities occur, the
the topics of international conferences. traditional ones are revived, or the existing
These common sense observations ones are transformed (de-constructed and
suggest that identity is perceived, at re-constructed). However, identity is not
different levels and in various manners, as the only issue of our times, perhaps more
an issue of our times. “Identity has become importantly, social change is another. The
one of the unifying frameworks of fact that identity is searched for and
intellectual debate in the 1990s”, states disputed at all levels of human existence
Richard Jenkins (2). He notices that and practice, suggests an identity crisis and
1
Faculty of Law and Sociology, Transilvania University of Brasov.
10 Bulletin of the Transilvania University of Braşov • Vol. 2 (51) - 2009 • Series VII
uncertainty concerning the direction of master of the pattern. To be master of the

change. pattern means to be in the centre.
Centrality is constitutive for the concept of
2. ”Crisis of Identity” or “Identity identity. Understood in this way, identity is
Crisis”? an emergent socio-cultural concept,
From a somehow nostalgic perspective, relatively and relationally opposite to
we could suggest that identity might be static, or, for that matter, dynamic
“the illness of the century”. If “crisis” is substantialism. The emergent identity
the brand of our times (see for instance the bears the label of context. But, like any
present-day financial crisis, the economic other construct, it is never definitely
crisis, the political crisis, and the social finalized. Given, declared identity is
crisis), then “identity” could be the brand permanently re-constructed, innovated, and
of future research. ascertained through a set of expressions
In fact, what is identity? and conventionally symbolic forms that are
Of course, identity as experience and as a negotiated and shared by the members of
concept constructed from various elements the group or community.
suggests various perspectives in Claude Levi-Strauss considers that
formulating an answer to the question. For “identity is a kind of virtual foyer,
example, from a disciplinary, indispensable in explaining a number of
multidisciplinary and interdisciplinary things, but without having a real existence”
perspective, each author aims at specific (3). This number of things could be: the
theoretical, methodological, and family, the lineage, the place, the home,
ideological advantages, and specific the name, the profession, the belief, the
practical applications. My perspective in language, etc. So, when we feel that these
this paper is interdisciplinary benchmark-things, such as the place, the
(anthropological, sociological and home, the parents, the life styles and
philosophical). customs that we inherited are disappearing,
From such a perspective, identity is first when we loose our origins, when group
and foremost an ideological strategy which solidarities are breaking, we can certainly
“symbolises” the antinomic specificity of say that there is an identity crisis.
human condition. Identity symbolises my, The crisis refers to the existential as well
your, our, their need for fulfilment as as the conceptual aspect of identity. The
autonomous human beings/entities. On the solution to the crisis could be similar to the
one hand, there is the need for continuity “puzzle” strategy (re-formulation, re-
and belonging, by relating to others, on the construction), or the “revolution” strategy
basis of some real or imaginary common (radical change). In both strategies, a
characteristics (of the species, of the critique is indispensable. There is a
group). On the other hand, there is the need “traditional” critical strategy, the way the
for differentiation, discontinuity, and majority of us perform, which aims at
individuality, on the basis of some real or clarifying inadequate concepts by adding
imaginary unique, individual or adjusting them in order to get to some
characteristics. However, difference is positive knowledge. But there is also a
something else than identity. It is kind of critique which places the concepts
something more or less, a plus or a minus. “under eraser” (Foucault, Derrida,
Identity is a pattern. In order to be fulfilled, Deleuze), the radical post-modernist
it needs to follow the pattern that is critique, which aims at “de-constructing”
constructed or inherited, and to become the the key concepts that cannot be replaced
Coposescu, S.: Defining Identity in the Context of Globalization 11
with others (and identity is such a key- 3. Globalization and Identity

concept) in order to construct, explain and The process of globalization is generally
interpret socio-cultural phenomena. characterised by two main, opposing
According to Stuart Hall(4), Derrida has forces. On the one hand, there are the
described such an approach as thinking to economical and technological forces that
the limits, in intervals, a kind of double support expansion and a growth in the
writing, which hides and reverses the efficient functioning of organisations (for
intervals. By reversing the intervals a new example, the trans-national organisations)
concept emerges which can no longer be beyond traditional national borders. On the
included in the old paradigm. Thus, other hand, there are the social and cultural
present-day identity operates, in our post- forces which resist the expansion of trans-
modern society, undercover/under eraser, national structures and organisations.
in the interval between According to a research done by Galit
revival/replacement/elimination and Ailon-Souday and Gideon Kunda (5), the
emergence/complete change. Such an offensive of trans-national organisations,
approach is radically new and is a strategy based on their economic and technological
of approaching the issue comprehensively, power needed to achieve their objectives
as a whole. (for example the profit), ignoring the
Then the question arises: In relation to national borders and identities, is counter-
which set of problems does identity balanced by the opposition of the national,
become an irreducible dimension, an regional, local social and cultural forces. In
invariant of human existence, and what order to understand the significance of the
factors determine the emergence of a new opposition between the two tendencies and
type of identity? The answer seems to be its implications for the construction and
related to the issues of centrality and affirmation of national or local identities, it
localisation that are present in the is useful to briefly put forward some
processes and forms of individual identity theoretical aspects concerning the concept
as well as in the processes and forms of of “globalization”, which seem to be
collective (community or societal) similar to and linked with those of the
identities, such as family dynamics or the concept of “identity”.
identity of political movements, present or According to R. Roberston (6), the
past. present-day situation concerning
But the notions of centrality and globalization is a major contemporary
localisation are also the focus of critical example of the way in which concepts and
analysis and interpretation, due to the theories, previously developed by social
phenomenon of globalization. We can scientists, are then used in the “real world”
notice, at present, that the roller of in a manner that threatens their analytical
globalization profoundly affects processes and interpretative validity.
and forms of organization, as well as the Anthony Giddens considers that it would
content of individual and social lives be a mistake to conceive globalization just
everywhere. Consequently, globalization is in its quantitative and substantialist sense,
one of the factors that determine the as a medium which is expanding and
reconstruction/replacement and emergence homogenizing, and within which certain
of new types of identity. societies are developing and changing. The
general term of globalization denotes the
social, economical and political
interdependences that cross boundaries
between countries and condition decisively general and economic organizations in

the lives of the people that live in those particular to the attention of researchers
countries and to the common-sense perception as the
In a deeper sense, globalization “should main factors of change and of the
be understood primarily as the reordering emergence of new types of identities.
of time and distance in our lives” (7). So,
the process approach suggests the pre- 4. Social Change and the Globalization
eminence of the structural, qualitative of Identity
sense of the concept of globalization. It is natural to emphasize the fact that
Globalization does not mean just a social change nowadays is dramatic in its
process of increase of interdependences amplitude, rhythm, and complexity. I
between nations and the formation of a understand by social change the
single, structurally homogenous, world continuous process of transition of a
system, but a process of intensification and society from one type of structural
deepening of differences and a process of organisation to another, with phases of
construction/re-construction, hence slowing down and acceleration. Human
negotiation, of identities. Such a tendency history, in continuous change, represents
suggests that globalization implies an entirety of human acts of knowledge,
complex, on-going, ontological relations creations, and actions. These human acts
between the universal and the particular. involve individuals associated in groups,
From the perspective of the relation families, households, organisations, state
between the universal and the particular, it communities. Historical and social reality
is more appropriate to consider that it is has shown us that, on the one hand, these
not only globalization that influences the human associations generate the
identity features of national systems, but emergence of political, economical,
national systems, in their turns, also affect religious institutions/organisations. On the
the evolution and features of globalization. other hand, there is a close link between
The confusing usage of the notion of institutions and social changes. Institutions
globalization in different contexts and with are structural, functional components of
different meanings can be considered, in real societies. They are made of “a
my opinion, not just negatively, but also complex of values, norms, and customs
positively, stimulatingly, innovatively. shared by a number of individuals” (4,
Namely, as a challenging signal of the p.137). Institutions or organisations are
diffuse and still vague character of the ensembles of individuals who associate in
profound/hidden changes that take place in order to cooperate for the achievement of
the world system as a whole. The fact that some goals (needs/interests). In order to
the factors which determine the on-going cooperate, individuals need to adhere to, to
changes are difficult to identify as share and to commit themselves to the
analytical units has led to the common- values, norms and rules of the
sense perception of globalization, organisation. Values, norms and rules
primarily in its economic sense, as one of represent the nucleus of the organisational
the explanatory factors of present-day culture. Culture expresses the identity of
social changes. The probable cause of the the organisation. Consequently, it is
focus on the economic dimension is the natural for the group if individuals
universal character of satisfying the human associated to achieve a common goal, to
subsistence needs. Perhaps this aspect of construct, maintain and promote the
globalization brought organizations in identity of the organisation, as a strategy of
Coposescu, S.: Defining Identity in the Context of Globalization 13
expressing their autonomous identity in defending their actual identities by

relation to other groups. reviving past patterns of identity (such as
Who and what changes? Does the family lineage, professional/occupational
individual and its identity change? Does associations, fundamentalist religious
the community/society and its identity movements, ethnic movements) on the one
change? hand. On the other hand, individuals search
According to the modern paradigm of for strategies of reconstruction or
identity, what kind of identity can an construction of new identities, in an
individual or group develop, who finds out emergent virtual world, which is evolving,
overnight that his/her institution/ in an accelerated rhythm, towards new
organisation has gone bankrupt, or has forms of structuring identities, perceived as
merged? uncertain and confusing. Perhaps the
Or what kind of strategy for identity tension between the past, the present, and
construction can a person develop, who the future, as well as the tension,
has had a great number of professions or subjectively experienced, between the real,
occupations? Is profession or occupation the virtual, and the imaginary is similar to
still an identity dimension? In reality, as a the tension between good and evil,
group of French researchers found out, the mentioned in the beginning of this paper.
identity crisis “is in a relation of exteriority This dramatic tension must have a meaning
with the occupation and is in instrumental which we are going to decipher some day.
relation with the work, and such relations
turn „reconversion ‟to other roles, in References
particular the family ones, into a delicate
issue” (8, p.121). 1. David Massey, 1995, Identity and
Or, what kind of identity can a Change: Some Figurative Challenges,
child/adolescent construct, who has in vol. “Social Development between
experienced successive parent divorces, Intervention and Itegration” Edited by
changes of paternity, of schools, of place Jacob Rendtorff & all, Rhodos
of residence? International Science and Art
Also, in the process of intensification of Publishers, Copenhagen-DK, p. 127;
globalization, what identity can a trans- 2. Richard Jenkins, 1996, Social Identity,
national organisation develop, whose Routledge, London, p.7;
individuals construct and negotiate their 3. Claude Levi-Strauss, 1977,
identities instantly, depending on the L’identite’. Seminaire
context? interdisciplinairedirige par Claude
In the context of globalization, it is clear Levi-Struss professeur au College de
that the autonomy, and consequently the France-1974/1975, Editions Grasset et
constructed and expressed identity, is Fasquelle, p. 332;
being continuously attacked through 4. Stuart Hall, 1996, Introduction: Who
commercial, financial, communication, and Needs’Identity ? in “Questions of
migration strategic networks. Through Cultural Identity”, Edited by S.Hall
these strategic networks, globalization and Paul Du Gay, Sage Publications,
alters, breaks down, and threatens the p.1-2;
identity of communities, individuals, their 5. Galit Ailon-Souday & Gideon Kunda,
forms of organisation, and their identity 2003,The Local Selves of Global
patterns. In such a context, individuals Workers: The Social Construction of
search for strategies for conserving and National Identity in the Face of
Organizational Globalization, in 13(1), pp.25-40;

“Organization Studies”, Sage 7. Anthony Giddens, 1990,The
Publications, 24(7): pp.1073-1096; Globalizing of Social Life, in
6. Roland Roberston & Habib Haque “Sociology” Polity Press, p.520
Khondker, 1998, Discourses of 8. Claude Dubar, 2003, Criza
Globaization in “International identităţilor, Editura Stiinţa, Chişinău
Sociology”, Sage Publications, Vol
INVESTIGATING THE SOCIAL WORLD

THROUGH PHOTOGRAPHY
Andrei DANCU 1
Abstract: Visual representations found in the written press are approached

through a social semiotic analysis that explores the way in which the non-
verbal speech is handled at visual level and examines the notion of stereotypy
in visual representation. Analyzing the basic structure of images, a structure
comprising coded messages, reveals a conventional representation of mass
media images. The display method is a simplistic and standardized one,
achieving an outline of a world of values which is rather made up and of
poor content. Thus, there is the assumption that the representations of written
publications enforce and reflect distorted perspectives of the reality, and the
ones generating them are in their turn subject to conformism by the
organizational framework they serve.
Key words: photography, journalism, visual sociology.
The basic elements in visual understanding these elements, the viewer

communication represent the source of can manage to understand the visual
composition for a variety of visual syntax. To be visually literate means to
messages, objects and experiences. The have the ability, acquired as a result
primary visual element, i.e. the point, is a knowing the basic visual elements, to
space marker; it is the line which grasp the significance and the components
articulates the shape; the shape designates of the image.
the basic contours, the circle, the triangle Those who want to use photographic
and the square; the direction orientates the materials in the area of social science - to
movement and gives character to basic do what is more recently known as visual
shapes; the value, the elementary aspect of sociology - reach a dead end more often
all elements, refers to the presence or than not. The photographs achieved by the
absence of light; the shade and the advocates of the visual sociology resemble
saturation define the coulour - coordinate to such a great extent the ones performed
the value adding chromatic elements; the by others, who assert that they make
texture, either optical or tactile, is the documentary photography or
characteristic surface of the visual photojournalism, that there arises the
material; the scale, namely the relative size question whether there is a difference
and measure of an image; the size and the between these subjects. There is an attempt
dynamics, the two dimensions that give to eliminate confusion by identifying
"force" to the image. These are the visual essential differences and defining
elements from which we are extracting the orientations of each subject, as if it is only
basic support for the construction of the a matter of definition.
visual intelligence levels. By
1
Dept. of Sociology-Philosophy, Transilvania University of Braşov.
Such labels do not refer to the essences photography. Who uses these terms? What
of platonic nature, whose meanings can be is to be expected from a type of work
deciphered through a deep analysis, but are described by such terms? How do we mean
rather representing what people considered to identify a certain type of work within an
useful to make them be. One can identify organization? Conversely, what type of
what people achieved using the work and what type of people are to be
documentary photography or excluded? More briefly, what is the
photojournalism. However, one cannot purpose of such differentiations?
identify the actual significance of the Historical: Where did these terms come
respective terms. Their meanings derive from? How were they used in the past?
from the organizational framework in How does their prior use create a current
which they are used, from the cumulated contextual framework and how is this
actions of all those involved in such determined historical contextual
organizations, and the aspects vary from framework appropriate to enforce what can
one period to the other and from one be said and done at present? "Documentary
location to the other. In the same manner photography” represented a type of activity
in which paintings are building their around the beginning of the past century,
meaning in a world of painters, collectors, when great waves of social change reached
critics, likewise photographs are building the U.S., and photographers had a public
their meanings from the way in which trained for receiving images representing
people involved in achieving them the bad, as well as a lot of sponsors ready
understand and use them. to pay them to achieve such images.
Visual sociology, documentary "Visual sociology”, if one may speak about
photography and photojournalism are thus such a thing at that time, mainly consisted
what they got to represent for the regular of roughly the same types of images that
use of photographic production. They are were published in the American journal of
merely social constructions. To this effect, sociology. Today, neither of the terms
they are like all other investigation means mean what they meant at that time.
that we know or of which we have heard, Organizations responsible with the social
like ethnographic reports, statistical reform changed their character, the of
summaries, maps a.s.o. (H. Becker, 1986). photographs became subsidiary to other
This use to designate and assign meanings techniques, whereas the sociology became
directs the speech to two perspectives: more "scientific" and less open to other
Organizational: when people designate practices than the ones using words and
fields of activity, as they have done with numbers.
respect to these forms of image recording, The three terms have their history and
they are not merely aiming at making different current uses. They are each
things easier for them and the others by connected to (and are drawing their
creating labels. They are almost always meaning from) a particular social context.
trying to achieve other purposes, as well, Photojournalism represents what
like: establishing certain boundaries journalists do, namely producing images as
around the activities, specifying the part of activity of editing daily newspapers
position of each within the organization, and weekly magazines. How is
establishing the management, assigning photojournalism supposed to be?
tasks and duties. Thus, there arise a few Unbiased. Factual. Complete. Attention
questions regarding the different ways of catcher, narrative, bold. The image of
approaching the research through photojournalism, created based on famous
Dancu, A.: Investigating the Social World through Photography 17
characters in the field, point out figures for photographers from the sports press,
like Weegee, sleeping in his car, writing who specialize in that field,
his stories on the typewriter from the trunk, photojournalists, unlike reporters, never
smoking cigars and chasing fires and develop in a specialized direction, an
disasters; this is what he said: "crimes and aspect of the urban life that they are
fires, my two bestsellers, my bread". The permanently covering so as to result in a
second character is Robert Capa, rushing serious analysis and a complete
in the middle of the war to catch a comprehension. Since the pictures they
foreground of the death and destruction take unavoidably reflect their view on the
(his motto was "If pictures are good rendered subject, the ignorance determined
enough, it means your weren't close by the nature of work shall refer to the fact
enough" - 1986). The last character is that the resulting images reflect almost
Margaret Bourke-White, in aviator clothes, unavoidably a superficial understanding of
with the camera in one hand and the the social events and phenomena they
helmet in the other, flying around the photographed. There are also accounts on a
world and producing classical photo essays number of photographers - Eugene Smith,
for magazines like Style. Henri Cartier-Bresson – who were
The reality is however less heroic. sufficiently capable and independent to
Photojournalism is what the nature of overcome such obstacles. But these
journalistic business made of it. The way accounts are only meant to cast into the
in which daily newspapers have changed shade the ones whose work is still a
due to competition with radio and reflection of such constraints. See, for
television has determined the change in the instance, Epstein 1973, Hall 1973, Molotch
typology of photojournalists, as well. and Lester 1974, Schudson 1978, Tuchman
Nowadays, photojournalists are literate, 1978, and Ericson, Baranek and Chan
have graduated from an university, are 1987. Hagaman 1996 provides a detailed
capable to write articles, and are no longer analysis of photographers from the written
mere illustrators of articles written by press and of constraints that the work
reporters. They have a coherent ideology, enforces on pictures they take.
based on the concept of the image Documentary photography has been
speaking for itself. Undoubtedly, historically connected both to exploitation
contemporary photojournalism is, like its as well as to social reform. Certain early
early variants, constrained by the limited documentaries have presented features of
space available, by prejudices and reports the environment, like the work of Timothy
prefabricated by direct managers (Ericson, O’Sullivan, that accompanied the
Baranek and Chan 1987). Nevertheless, the geological investigation of parallel 400
most important thing is that readers do not between 1867 and 1869, and the study of
want to waste time deciphering any the south-west of the U.S. lead by George
ambiguities or complex elements from the M. Wheeler, during which he has achieved
photographs appearing in daily newspapers the images of Chelle Canyon that are
or in news reports. These images shall be currently famous (Horan 1966, 151-214
able to be first and foremost intelligible and 237-312). Others have rendered
and capable to be construed immediately unusual lifestyles, as John Thompson did
(Hagaman 1994, 1996). in his pictures on London street life
Likewise, photojournalism is constrained (Newhall 1964, 139), Eugene Atget in his
by the way in which editors control the study of people and places of Paris (Atget
tasks given to the photographers. Except 1992), or August Sander in his
monumental study of Germanic social with the subject from which it originated;
typologies. The last two projects, although in anthropologic tradition, that required
massive in content, were not connected to that the researchers travel in faraway
any immediate practical utility. places to gather bones and linguistic texts,
What is expected from documentaries? to carry out diggings in order to discover
In their reformist version, they are archeological materials, as well as to
supposed to dig deeper, to reach what gather conventional ethnographic
Robert E. Park (a sociologist who worked materials, performing pictures merely
as a journalist for several well-known represented an additional task to do on site.
American daily papers) called the great As images have not been used in
stories, to be “careful” towards the society, sociological research ever since it was
to play an active role in the social change, closer connected to the social reform, most
to be socially responsible, to be interested of the sociologists do not only accept this
in the society that represents the target of method, but they do not even consider
their appreciations. Photographers like legitimate the use of visual materials,
Hine have seen their work, and this use unless maybe for "didactical purposes".
was perpetuated, as having an immediate More briefly, the use of visual materials
effect on citizens and legislators. A seem “unscientific", probably because
chauvinistic view on history explains the "science" in sociology got to be defined as
prohibition of physical labour for children objective and neutral, namely the exact
by law as being the direct result of Hine's opposite of what the beginning of the use
work. of photograph meant in the field of social
The documentary did not intend to research (Stasz 1979).
represent anything special, since the Defining visual materials as unscientific
studies were not made for somebody in is unfair, as natural sciences regularly use
particular. Sander described his studies as this type of materials. Biology, physics and
representing “the existing social order” and astronomy are unconceivable without any
“a temporary physiognomic exposure of support from the photographers. In social
German typology" (Sander 1986, p. 23- sciences, only history and anthropology,
24). Today, we construe these studies as the least “scientific” subjects, use
having an investigative character, closer to photography. Economy and political
the social science. Contemporary sciences, the most “scientific” subjects, do
photographers, whose work is overlapping not. Sociology, in an effort to win a so
the social science, have become aware, called scientific character close to the ones
similarly to the anthropologists, that they of the latter category, does not use
must take into account of/and justify the photography. Consequently, the few active
interactions with people they photograph. sociologists in the field of visual sociology
Visual sociology is at its beginnings are people that have studied photography
(however see the collection edited by Jon in another field and have subsequently
Wagner 1979, reviewed by Chaplin 1994, introduced it in their research technique.
as well as the publications of International What is the visual sociology supposed to
Visual Sociology Association). It "achieve"? We can answer this question by
represents almost completely the creation describing what sociologists in this field
of the specialized sociology, an academic should do to get attention and respect for
subject, and is not in the closest relation this subject. What they should do to
with the visual anthropology (Collier and persuade the other sociologists that their
Collier 1986), which has a closer relation work is an integral part of the sociologic
activity. But it is not just an issue of instance those of Nicholas Nixon) present
persuading the others. They must convince what might represent the subject of the
themselves that what they do is really documentary photograph (image of poor
sociology, and not merely some interesting children gathered on a dirty street, for
pictures. To achieve this, they should example). However, this image does not
prove that their work is supporting the provide anything more than information on
sociological activity. As there are different the date and place where it was taken,
opinions of sociologists with respect to hiding elementary data of social nature that
what sociology should be, the mission of we usually use to relate to the others,
visual sociology is also confused. Briefly, leaving the viewer to construe images
it should answer the question specific to according to clues like clothes, position
the field in a manner agreed upon by one and attitude of the people in the picture.
or more disciplinary fractions. What seems to be an artistic mystery does
Moreover, it may add something that is not represent more than the ignorance
missing. Are there any reasons for which generated by the photographer that refuses
photography would constitute a valid to provide basic information (which,
research method? Douglas Harper, a usually, he personally does not hold either)
researcher in the field of visual sociology, The three genres in discussion –
suggests the following possibilities: studies documentary, photojournalism and visual
on interaction, exteriorization of emotions, sociology – usually provide enough data to
use of pictures to “drag out” information make the images intelligible. A classical
during interviews, and studies of material example from the visual anthropology is
culture (Harper, 1988). The boundaries the one given by Gregory Bateson and
between these fields are fairly blurry, as Margaret Mead in Balinese character
the circumstances in which people carry (1942). Each picture is part of a two-page
out the study and the reasons for which presentation, one dedicated to pictures, and
they take pictures represent a reality that the other two for two types of texts. one or
depends on the context. two paragraphs dedicated to interpretative
Pictures take their meaning, like all essay, describing subjects like "The dragon
cultural objects, from the context. Even and the space fear" or "Boys' anger" or
paintings or sculptures, that seem to exist "Surface of the body"; these essays are
in isolation, take their meaning from a anticipated by a large theoretic
context made up of what was written about introduction on culture and personality, as
them, either on the tag attached to them, or well as by a whole informative paragraph
present in other visual objects, present on each photograph, describing when it
physically or at representation level in the was taken, who is in it and what they do.
viewer's consciousness, as well as from the (See the debate in Hagaman, 1995).
disputes that occurred around the subject Certain papers in the documentary field,
reflected in such works. If no context may usually influenced by the education of the
be identified, this only means that the researcher in social science, provides a
author of the work trusts the capacity of detailed text, sometimes even the
the viewer to construct his own context. explanations of the ones involved. The text
As opposed to the picture taken as art, may sometimes be a mere description of
the three photographic genres discussed the portrait of the photographed person,
herein intend to provide a large amount of like in or Jack Delano: „Frank Williams,
what is meant by explicit social context. working to repair of an agricultural
Pictures from contemporary art (for machine. Mr. Williams has eight children,
two of which are in the army. Chicago. References

November, 1942.” (in Reid and Viskohil,
1989, p. 192). Specialised books usually 1. Atget, Eugène. (1992). Atget Paris.
offer detailed introductions and essays Paris: Hazan.
rendering social and historical details 2. Bateson, Gregory şi Mead, Margaret.
concerning the presented images. (1942). Balinese Character. New
However, things are not so simple. If the York: New York Academy of
Sciences.
context is left to be implicit in an image,
3. Atget, Eugène. (1992). Atget Paris.
this does not make it art, the same as Paris: Hazan.
explaining the context does not make it a 4. Bateson, Gregory and Mead, Margaret.
documentary, social science or (1942). Balinese Character. New
photojournalism. Not all specialized work York: New York Academy of
in the documentary field provides such a Sciences.
context. The work of Robert Frank, The 5. Becker, Howard S. (1986). "Telling
Americans, does not provide a more About Society," pp. 121-35 in Doing
detailed textual support than most art Things Together. Evanston, IL:
pictures, but it does not make it sensitive to Northwestern University Press.
the above criticisms. And this is because 6. Capa, Cornell, eds. The Concerned
the images per se, sequenced, repetitive, Photographer. New York: Grossman.
7. Chaplin, Elizabeth. (1994). Sociology
with variation on a theme line, provide
and Visual Representation. London:
their own context, helps the viewer to Routledge.
understand what he needs,to draw certain 8. Collier Jr., John, şi Collier, Malcolm.
conclusions. A possible approach from the (1986). Visual Anthropology:
dramatic art perspective of the Photography as a Research Method.
communication through images is meant to Albuquerque: University of New
provide an innovative explanatory model Mexico Press.
complementary to current debates, as it 9. Epstein, E. J. (1973). News from
exploits concepts like non-verbal Nowhere. New York: Random House.
communication, visual semiotics, 10. Ericson, Richard, Baranek, Patricia M.,
conventional vision and stereotype visual şi Chan, Janet B. L. (1987).
representation. Visualizing Deviance: A Study of News
Organization. Toronto: University of
In conclusion, the context is the one that Toronto Press.
provides meaning to images. If they do not 11. Hagaman, Dianne. (1995).
provide an explicit context, the viewer may "Connecting Cultures: Balinese
or may not construct not using his own Character and the computer" în Susan
resources. Generally, photographers try to Leigh Star, ed., The Cultures of
find theoretic legitimacy for their work Computing, Keele: The Sociological
and, consequently, they try to classify it in Review.
a certified scientific branch. This 12. Hagaman, Dianne. (1996). How I
legitimacy shall be nevertheless always Learned Not To Be a Photojournalist.
given by the reaction of the viewer, of Lexington: University Press of
organizations and audiences that will Kentucky.
13. Hall, Stuart. (1973). "The
construe and analyze photographic works.
Determination of News Photographs,
pp. 176-90 in Cohen, Stan and Young,
Jock, ed., The Manufacture of News: A
Reader, Beverly Hills: Sage.
14. Harper, Douglas. (1988). "Visual Administration Photographers, 1936-

Sociology: Expanding Sociological 1943. Chicago and Urbana: Chicago
Vision." The American Sociologist 19 Historical Society and University of
(1), p. 54-70. Illinois Press.
15. Horan, James. (1966). Timothy 19. Sander, August. (1986). Citizens of the
O'Sullivan: America's Forgotten Twentieth Century. Cambridge: The
Photographer. New York: Bonanza MIT Press.
Books. 20. Stasz, Clarice. (1979). "The Early
16. Molotch, Harvey şi Lester, Marilyn. History of Visual Sociology" în
(1974). "News as Purposive Behavior: Wagner 1979, p. 119.
On the Strategic Use of Routine 21. Schudson, Michael. (1978).
Events, Accidents, and Scandals," Discovering the News. New York:
American Sociological Review 39, p. Basic Books. -36.
101-12. 22. Tuchman, Gaye. (1978). Making
17. Newhall, Beaumont. (1964). The News. New York: Free Press.
History of Photography. New York: 23. Wagner, Jon, eds.(1979). Images of
Museum of Modern Art. Information: Still Photography in the
18. Reid, Robert L. şi Viskochil, Larry A., Social Sciences. Beverly Hills: Sage
eds.(1989). Chicago and Downstate: Publications.
Illinois as Seen by the Farm Security
“SECRETS AND LIES”: (NOT) TELLING

BAD NEWS IN ITALIAN ONCOLOGY
Marco MARZANO1
Abstract: The problem that I treat in this paper is about the fact that people
who are about to die in hospital are not usually informed about the fate
awaiting them. In Italy, this attitude has remained intact over time despite the
extraordinary changes which have taken place in clinical techniques and
therapies, and despite the spread of hospices and palliative care wards. In
this paper I shall describe the strategies adopted by Italian oncologists to
prevent the dying from knowing their fate, the exceptions to this rule, and
some of the structural and organizational factors which make changing the
situation difficult. The discussion conducted in this paper is based on an
ethnographical research carried out by the author in a large hospital in
northern Italy.
Key words: imminent death, conspiracy of silence, “no tell” policy,

communicative strategy.
In Italy, as probably happens in other observation of social interactions at an

countries of the world (Seale et al. 1997; oncological ward of a large hospital in
Elwyn et al. 1998; Seale 1998; Field and northern Italy and on dozens of interviews
Copp 1999), people who are about to die in carried out by the author in the same place
hospital are not usually informed about the in the same period.
fate awaiting them. To use Glaser and For the good of the patient: the truth
Strauss‟s expression, a context of “closed concealed by Italian oncologists.
awareness” prevails. In Italy, this attitude When faced by a patient afflicted with an
has remained intact over time despite the incurable tumour, Italian oncologists
extraordinary changes which have taken generally choose to lie about the prognosis
place in clinical techniques and therapies, (but not always about the diagnosis). This,
and despite the spread of hospices and of course, is a „morally legitimate‟ lie, in
palliative care wards. The policy of „not the sense that according to the oncologists
telling‟ has been adjusted to the new it is an untruth intended to protect patients,
circumstances. to insulate them against the terrible truth of
In this paper I shall describe the their imminent death [Gordon 1990;
strategies adopted by Italian oncologists to Surbone 1992; Gordon and Paci 1997,
prevent the dying from knowing their fate, Campione 2004]. This behaviour is
the exceptions to this rule, and some of the justified by the so-called benevolence
structural and organizational factors which principle, according to which doctors have
make changing the situation difficult. some sort of mandate deriving from the
The discussion conducted in this paper is fact that patients have placed their trust in
based on a year of ethnographic them [Pellegrino 1992; Pellegrino,
1
University of Bergamo.
Marzano, M.: “Secrets and Lies”: (Not) Telling Bad News in Italian Oncology 23
Mazzarella and Corsi 1992; Beauchamp The decision not to reveal the truth holds
and Childress 1994; Engelhardt 1996]. firm even when patients explicitly ask for
This principle purportedly requires doctors information. In these cases, the replies are
to work for what they believe is the good evasive, or they concentrate on aspects and
of patients, or indeed in consideration of particular details of the therapy, or on
health and life itself (or of their duration) secondary symptoms. This induces the
as goods in themselves not freely and patient to think that if the doctor is
immediately available to persons. The concentrating on these relatively minor
patient thus enters the state which Glaser problems, the situation cannot be so
and Strauss [1965] called „closed serious [McIntosh 1977]. The same
awareness‟. function is performed by the witticisms of
The strategy of concealing the truth from doctors (in these cases, patient tell
patients is made feasible because many themselves, “if the doctor dares to make
people do not recognize (or they remove) jokes, it must mean that I am not so badly
the signs of their imminent death, or they off”). Doctors often respond to more
simply do not feel authorized to talk about specific requests for information – for
them with a doctor. Whatever the case may instance, whether the illness will have
be, for the strategy to be successful, disabling consequences – with
secrecy must be strict maintained, and a probabilistic paradoxes of the type “there‟s
so-called “conspiracy of silence” must be more chance of me dying of a heart attack
activated [Ariès 1991]. in two years‟ time than of you becoming a
For this reason, all available forces must paraplegic”.
be immediately enlisted. The first actors to A door may be left open to justify future
be involved in the conspiracy are relatives deterioration in the patient with
and friends: in short, those people closest expressions like “We‟re working as hard as
to the patient and who are able to filter and we can to get the best results, but you
control the flow of information about the know ... it‟s very difficult. Let‟s hope we
illness. Unlike the patient, these people are succeed”, or by pointing out the dangers of
rapidly and expressly informed of the not taking therapeutic action (“Of course,
diagnosis and the prognosis. In many if you stopped the chemotherapy, the
cases, it is they who activate the consequences would be unpredictable”).
conspiracy by beseeching the doctor not to In any case, the strength of the 'no tell'
reveal the dramatic nature of the prognosis policy – Glaser and Strauss (1965) again
to their loved one. point out – resides in the large-scale
In this regard, also an ability to lie – or, deployment of resources (those of the
better, to “pay lip service” – may prove doctors, nurses, family, etc.) against one
useful. An oncology intern told me how man – the patient – or in the fact that the
useful he had found his experience as a medical staff and family join together as a
waiter in Brussels, where he had learned team against a single individual weakened
how to communicate with people and give by disease. The weakness of policy resides
them “that feeling of warmth and affection in the instability of the structural
which allows a human relationship to be conditions i.e. in the difficulty of
established”, greeting them by looking maintaining it unchanged over time.
them in the eye, inviting them to sit down, The main advantage gained by the
then asking about their jobs, and finally hospital from restricting the patient‟s
joking and laughing with them. decision-making capacity is control over a
potential source of environmental
turbulence which might disrupt the impossible to make accurate forecasts in

organization‟s routine. The greatest costs oncology. And yet such forecasts are
are aggression by patients made anxious by formulated with precision and immediately
the uncertainty of their fates, and the communicated to the patient‟s relatives.
amount of resources that must be deployed Doctors very often maintain that patients
to keep patients ignorant. Maintaining “know”. The fact that patients do not ask
patients in a psychological state of „closed for explicit confirmation of their
awareness‟ inevitably involves conjectures is interpreted as signalling a
construction for them of a „fictitious‟ desire not to discuss their condition, to
future where, upon conclusion of the maintain reserve and silence about it. The
treatment, they will resume their normal problem is that, as we shall see, this
lives. In the meantime, however, there situation comes about at a rather advanced
arise events and circumstances which stage of the disease when communication
contradict that scenario. The first is the has ceased: that is, at a stage when it is
persistence of (indeed, in many cases, an unlikely that the patient‟s imminent death
increase in) the painful symptoms will be a topic of conversation with those
signalling the disease‟s progress. The around him or her.
second is hospitalization. Once in the
hospital ward, the patient makes the 1. For Love or Money: when the Truth
terrible discovery that he is surrounded by Can Be Told
others subject to devastating cycles of Saying that Italian doctors generally lie
high-dose therapy or awaiting the death to their patients by not disclosing their
that often occurs in hospital. Dreadful prognoses is not, of course, to imply that
questions now begin to preoccupy the such behaviour is universal – that is,
patient: “Am I also one of these dead men adopted without exceptions in all
walking? One of these temporary circumstances. Of importance, in fact, is
survivors?”. Whence derives the necessity the choice by the patient of a particular
for the doctors to dispel these „harmful communicative strategy and the presence
imaginings‟ with constant and increasingly of specific conditions.
difficult creative effort. In regard to the latter, among the
Doctors justify the choice of this conditions justifying the truthful disclosure
communicative strategy by saying that of the prognosis, doctors regularly cite the
they do not want to inflict, with gratuitous presence of large economic assets or a
cruelty, further suffering which would business, and the presence of children.
make the life left to the patient unbearable. In other words, the truth can be disclosed
Or, more rarely, they cite one or two cases more easily when the patients show that it
where disclosure of the diagnosis has had has some „practical importance‟ in that it
tragic consequences (primarily the concerns a realistic and socially approved
patient‟s suicide). Some doctors, indeed, project, such as managing a business or
deny the cognitive importance of caring for children. As an oncologist told
communicating a grim prognosis. When I me: “You‟re always asked for the truth by
asked a female oncologist how she people who somehow want to plan their
communicated bad news, she told me lives. A person who doesn‟t have affairs to
“What‟s the point of telling someone set in order is less interested in knowing
they‟re going to die? Don‟t we all have to the truth”.
die? Why tell him and not someone else?”.
In other cases, I was told that it is
My impression on this point is that at therapy, keep his/her appointments at the

least two other factors favour day hospital (and often wait many hours
communication of the truth: for the first phleboclysis), undergo all the
1) the first concerns maintenance of the examinations required, or agree to
social order within the healthcare hospitalization and accept the harsh
organization. If the doctor receives from discipline of hospital. Consequently, a
the patient „good reasons‟ for telling the completely false diagnosis (a liver tumour
truth, s/he somehow obtains a guarantee passed off as an ulcer) is usually only
that the patient will make good use of given to patients for whom therapy is
the information and will not, for foreseen.
instance, use it to commit suicide or For the same reason, the truth may be
engage in alienated behaviour or reject disclosed „for therapeutic purposes‟: as in
treatment; the case of a 70-year-old woman, of low
2) frankness in a doctor‟s communication education, with a metastatic tumour of the
with a patient may be facilitated if the oesophagus, for whom a „first line‟ of
latter belongs to the same social class palliative chemotherapy was decided. Her
[The 2002 1], or by some other form of relatives implored the attending doctor not
identification (for example, being of the to reveal anything about the prognosis to
same age, having children of the same the woman. As almost always happens in
age, etc). these cases, the doctor complied and
These conditions enable the doctor to prescribed chemotherapy for the woman,
establish an otherwise difficult intimacy without informing her about the diagnosis.
with the patient and be sincere with him The woman‟s body reacted well enough to
about the prognosis. the treatment, with few undesirable side-
effects (nausea, vomiting, asthenia, etc.).
2. Truths, Half Truths, Lies: how Much However, after the first chemotherapy
Information? sessions, the woman began to waver and
Whilst doctors general try not to reveal then resisted continuation of the therapy,
to patients the gravity of their situations, is because she could not understand why
also obvious that they cannot abstain from such drastic treatment had to be inflicted
giving them at least some information on her to deal with a minor problem (a
about the diagnosis or the therapy. The cyst, so she had been told). Whereupon the
„line‟ of doctors on this point is to disclose doctor decided to tell her truth and
only the information deemed essential for informed her that without the
implementation of the therapeutic chemotherapy she would soon be dead,
decisions taken by the medical team. because she had a tumour and not a cyst.
In accordance with the benevolence The lady thanked the doctor and decided to
principle, patients are never abandoned by continue the therapy.
the healthcare organization even after the In general, full or partial disclosure of
worst of prognoses. Instead, the decision is the diagnosis serves three main purposes:
often taken to give them radiotherapy or a) to get patients to accept that, at least for
chemotherapy intended to prolong their a certain period, they will not be able to
lives (for some weeks or months at most) lead their usual lives; b) to get them to
or for palliative purposes, that is, to reduce cooperate; c) to give them the impression
pain pharmacologically. that the organization is doing something
It is essential to ensure the cooperation for them.
of the patient, who must agree to the
To achieve these purposes, doctors very action.[3] The former refers to constant
often engage in sophisticated language cohabitation with the disease and evokes,
games where the semantic ambiguity of the together with irreversible changes in
terms „control‟, „containment‟, „recovery‟ lifestyle and expectations, the need for
is skilfully used to induce a certain constant medical tests, more or less
reaction in the patient. This is what intensive therapies, a regime of strict
happens when a doctor says to a patient clinical control. The latter instead
that s/he cannot fully recover, but in promotes the idea of peaceful cohabitation
compensation the doctor can help him/her with the illness, and indeed its slow
contain the disease and indeed make it (because this is a remission, not a victory)
retreat. This is not an outright lie. Rather, it disappearance. Their simultaneous and
is a half truth, because being kept hidden is ambiguous presence in the discourse
the fact that the former expression refers to favours the transmission of two messages
the prognosis, the latter to the tumour. The which though contradictory are equally
doctor sometimes also provides a concrete crucial for the medical discourse: that of
measure of this action, for instance by discipline and control on the one hand, and
saying that “Your tumour has got smaller that of hope on the other [Del Vecchio
by two centimetres, diminishing from 5.8 Good et al. 1990; Perakyla 1991; Nuland
to 3.8 centimetres”, without specifying, 1993]. The implicit objective is to
however, that a decrease in the size of the persuade patients of the gravity of their
cancerous mass does not signify that the condition while simultaneously convincing
patient has a chance of surviving even a them that final victory is possible, and
single day longer. Likewise, the language therefore of the need to cooperate and
used by doctors in communication with meekly accept the specialists‟ instructions.
patients is devoid of reference to the most Continuation of the therapy is one of the
dreadful consequences of the disease. The conditions essential for patients to be kept
words cancer, metastasis and malignant in a state of unawareness, the principal
are never used (Herzlich and Pierret 1994), means with which they are distracted from
being replaced with more reassuring inquiring about their prognoses, and so that
expressions like „cells gone mad‟, they suppress their worst forebodings [The
„anomalous activity‟, „suspicious 2002]. For many patients, suspension of
formation‟, „problem‟ [2]. The use of the treatment means that nothing more can
dubitative expressions [Mc Intosh 1977] be done to save them, and that the
indicates to the patient, together with the organization has declared its defeat by the
presence of a real danger that often disease.
justifies violent and invasive therapy, an
uncertainty which induces hope: the 3. “The First Move is the One that
patient thinks that «if the situation was Counts”: the Imprinting of
really so bad the doctor would not have Communication
any doubts and would expressly talk of The communicative decisions taken in
„tumour‟ or „cancer‟». the early stage of disease heavily condition
The expressions „failed recovery‟ on the all subsequent events through an
one hand, and „containment of the disease‟ „imprinting‟ effect whereby “it is first
and „remission‟ on the other, belong to two move that counts”. This effect stems from
different semantic codes, to two different the action of trust mechanisms and is
“chains of signification” [Barley 1983] therefore related to the “context of
with different implications for social expectations with positive value for the
social actor and formulated in conditions systemic trust serves to protect, therefore,
of uncertainty”. Studies on the matter have is the social reputation of the „care
identified two main dimensions of trust: system‟, whose representatives are
the systemic or impersonal one where the recognized as being equally competent and
recipient of the expectations is the natural skilled, and whose superiority is
and social organization as a whole, or in its guaranteed by possession of a consolidated
single institutional and collective stock of technical-scientific knowledge. To
components; and the personal dimension, be prevented, by contrast, are conflicts
where the recipients are other social actors which would confirm the discretionary
(Mutti 1996). The object of former type of nature of therapeutic decisions and would
trust is the production and stability of the culturally disclose the cognitive limitations
social order, whilst that of the latter of bio-medical culture and the culturally
consists in interpersonal relations, and in connoted nature of modern medicine.
particular the expectation that the It is for this reason that the first
communication will not be altered or information given to the patient is so
manipulated and that the behaviour of the important. This information delimits the
actors will be sincere. In social interactions level of legitimate expectations to which
whose object is truth about life and death, the patient‟s hopes of recovery can aspire.
and which involve complex organizations Consider the effects that denial of the
like modern hospital structures, personal original diagnosis would have on the
trust and systemic trust interweave and fuel patient, not so much on cognition as on his
each other [Giddens 1990]. Consequently, or her trust in the care system. The many
if doctors are to get patients to obey their doctors who will examine the patient in the
instructions, and in order not to lose „face‟ weeks and the months following the first
[Goffman 1967], they must offer sufficient tests, and who are convinced that the
guarantees that the personal patient‟s greater awareness is advisable,
communication will not be manipulated will ask themselves a question which runs
and that they will not resort to as follows: “How do I tell this person, who
concealment, or indeed to lies, fraud, or for weeks or months has been subject to
deception. But they must simultaneously often devastating therapies, that he is
acknowledge the goodness of all the terminally ill and that the treatment which
decisions taken in the past by their he has suffered has only been palliative?”.
colleagues. They must, that is, support the It is precisely for this reason that many
patient‟s „systemic trust‟ in the healthcare interactions between doctors and new
system, the hospital, the medical patients start with the question “What do
community, and therefore in all the you know about this illness?”. The reply
„abstract systems‟ for whose safeguarding immediately marks out the boundaries of
they are jointly responsible [Giddens the doctor‟s responsibility, establishing the
1990]. If this does not happen, for instance cognitive limit which he or she cannot go
if a doctor gainsays a diagnosis made by a beyond.
colleague, the risk is that patients will start The main perverse effect of this
to doubt the sincerity of their interlocutors, interweaving between systemic trust and
imagine themselves as victims of a personal trust is therefore the fact that
conspiracy, and in the worst cases become errors cannot be corrected. In order to
angry at the thought of everything that they maintain trust in the „system‟ of which
have had to suffer without being informed. they are members, doctors are forced to
What the maintenance of a high level of keep on lying to patients even when they
are aware of the numerous harmful 1. the reduced risks of burnout to which
consequences of that communicative the doctors would be exposed if they
strategy on the mental health of the sick. were required to accompany patients
Another factor that explains the onset of until death. The death of a patient is, as
this effect is the particular organizational we shall see, not only a professional
structuring of the care system. Oncological „defeat‟ for the doctor but also an
care is organized in Italy like any other emotionally painful event if proximity
specialist branch of medicine. Indeed, the with the patient has been close and
exceptional complexity and dangerousness prolonged;
of cancer have increased the specialist 2. the decreased likelihood that a single
fragmentation of care services and doctor will be held liable for therapeutic
heightened the likelihood of the choices and possible errors of
„imprinting effect‟. From the beginning of assessment, responsibility for which is
the disease, a patient comes into contact shared by all members of the team;
with, and receives information on his/her 3. avoidance of conflicts over the amount
illness from, a medley of doctors, from the of information to give to the patient
general practitioner to the surgeon, to the [McIntosh 1977];
oncologist, and finally to the specialist in 4. the homogeneity of the criteria applied
pain therapy and palliative care. when decisions are taken, without
Furthermore, in every operational unit, explicit socialization, by newcomers,
despite the constant efforts by patients and the reduced complexity of decision-
family members to construct a privileged making, a reliable routine, and
relationship, the doctors constantly simplification of the doctors‟ cognitive
„rotate‟, and patients can never be sure that work when dealing with patients.
the next doctor to examine them will be This last point should be expanded
same doctor that examined them further. The fact that doctors know that
previously. In other words, patients with they do not have to inform patients about
advanced-stage tumours are very likely, prognoses relieves them from having to
and often in the same hospital, to come decide from case to case. This concerns a
into contact with (and be informed by) routine useful and important for the taking
dozens of different doctors (some of critical decisions [Taylor 1988]. Let us
belonging to the same unit, others to see why. Doctors maintain that they apply
different ones), none of whom is able fully different strategies according to the „real
to assume the task of following the desires‟ of patients. But these desires are
patient‟s case at first hand. Hence, patients very difficult to identify with certainty. For
are deprived of single referent within the example it is highly plausible to argue, as
organization, and they are forced by these do many doctors, that patients who ask for
communicative difficulties to concentrate information about their state of health
more on collecting and selecting reliable really want only reassurance, not accurate
clinical information that on managing the information; that is, they want to receive
disease as a whole. only positive news from their doctors. In
On the other hand, the harmful effects on this case, lying can be considered a
patients notwithstanding, it is difficult not legitimate action by the doctor. The point
to recognize the benefits of this is that the doctor knows too little about the
organizational structure for the hospital patient, his/her personality, his/her possible
system. These benefits consist mainly in: reactions, his/her relationship with the
disease and death, to be able to decide
from case to case according to individual chemotherapy must be beneficial

exigencies. And how could it be otherwise because it fights the treacherous disease
if the interaction between the two lasts no that lurks in that body.
longer than the half hour of an out-patient It is by now quite clear that the decision
examination? not to inform patients and the principle of
The only alternative is therefore to choose collective responsibility interweave and
between two “policies of communication”: sustain each other. The lie becomes
telling the truth to all patients or not telling anonymous; it does not assume the features
it to any of them [Mc Intosh 1977]. The of a specific face and it does not involve
intermediate solutions are either too costly single responsibility or a real choice. It
(they might, for example, require the becomes practicable without the system
regular intervention of a psychologist and being required to bear excessively high
careful evaluation of the patient‟s clinical human and organizational costs.
history) or too risky, both to the team‟s From the more general point of view,
social cohesion and to its legal and moral what the Italian oncological care system
responsibility, which thus remains does not recognize is the exceptionality and
collective. the force of cancer as a disease, the extreme
Individualization, or treatment difficulty of medicine in fighting and
differentiated case by case, is therefore defeating it, and its contiguity with the end
mainly a rhetorical strategy used in of life. Tumours are instead equated with
interaction with patients [Schou 1993] in diseases of other kinds, to which the
order to: principles of specialization and collective
(a) prevent them from learning of their responsibility are less problematically
fates through comparison of their applicable. In the case of curable diseases,
condition with that of other patients. I in fact, it is simpler to justify the
frequently heard doctors making concentration of the medical team‟s efforts
statements of the kind “Don‟t look at on the organs to repair or the functions to
what‟s happening to the person in the restore, without too much concern for the
next bed, Mrs Brown. Every case is persona of the patient as a whole. In these
different. Your neighbour has a different cases, in fact, the patient‟s condition is
disease from yours. Concentrate on your provisional, just as his/her absence from
own case”. In this way, the doctor sought everyday life is temporary.
to reassure the patient and convince her
that what she saw in her room-mate did References
not anticipate her own demise;
(b) indicate the body of the patient, of that 1. Aries P.: The Hour of Our Death.
specific patient, as the source of the Oxford. Oxford University Press, 1991.
disease and the resistance to the care 2. Barley: Semiotics and the Study of
therapies and the healing actions of the Occupational and Organizational
medical team. The fact that the disease Cultures. in «Administrative Science
does not have an external manifestation, Quaterly», 28, 1983, pp. 393-413.
that it is not immediately visible, and 3. Beauchamp T. L. and Childress J. F.:
must be diagnosed by complicated and Principles of Biomedical Ethics,
precise tests, convinces many patients Oxford. Oxford University Press, 1994.
that they are ignorant of their bodies and 4. Campione F.: To die without speaking
the dangers that lie within them [Lupton of death. in «Mortality», 4, 2004,
1998]. The message is that pp. 345-349.
5. Del Vecchio Good et al.: American 18. Pellegrino E.: Is Truth Telling to the
Oncology and the Discourse on Hope. Patient a Cultural Artefact. in «Journal
in «Culture, Medicine and Psychiatry», of the American Medical Association»,
14, 1990, pp. 59-79. 268, 1992, pp. 1734-1735.
6. Elwyn T.S. et al: Cancer Disclosure in 19. Pellegrino E., Mazzarella I. and Corsi
Japan: Historical Comparisons. P.: Transcultural Dimensions in
Current Practices, in «Social Science Medical Ethics. Frederick. University
and Medicine», 9, 1998, Publishing Group, 1992.
pp. 1151-1163. 20. Perakyla A.: Hope Work in the Care of
7. Engelhardt H.T. Jr.: The Foundation of Seriously Ill Patients. in «Qualitative
Bioethics, Oxford. Oxford University Health Research», 4, 1991,
Press, 1996. pp. 407-433.
8. Field D. and Copp G.: Communication 21. Schou K. C.: Awareness Contexts and
and Awareness about Dying in the the Construction of Dying in the Cancer
1990s. in «Palliative Medicine», 6, Treatment Setting: «Micro» and
1999, pp. 459-468. «Macro» Levels in Narrative Analysis.
9. Giddens A.: The Consequences of in Clark D. (ed.): Sociology of Death.
Modernity. Cambridge. Polity Press, Oxford, Blackwell, 1993, pp. 238-263.
1990. 22. Schou K.C. and Hewison J.:
10. Glaser and Strauss: Awareness of Experiencing Cancer, Buckingham.
Dying, Chicago. Aldine, 1965. Open University Press, 1999.
11. Gordon D. R.: Embodying Illness, 23. Seale C.: Constructing Death. The
Embodying Cancer. in «Culture, Sociology of Dying and Bereavement,
Medicine and Psychiatry», 14, 1990, Cambridge. Cambridge University
pp. 275-297. Press, 1998.
12. Goffman E.: Interaction Ritual. New 24. Seale C. et al.: Awareness of Dying:
York. Doubleday, 1967. Prevalence, Causes and Consequences.
13. Gordon D.R. and Paci E.: Disclosure in «Social Science and Medicine», 3,
Practices and Cultural Narratives: 1997, pp. 477-484.
Understanding Concealment and 25. Surbone A.: Truth telling to the patient.
Silence about Cancer in Tuscany, Italy. in «Journal of the American Medical
in «Social Science and Medicine», 10, Association», 13, 1992, pp. 1661-1662.
1997, pp. 1433-1452. 26. Taylor K. M.: «Telling Bad News»:
14. Lupton D.: The Social Construction of Physicians and the Disclosure of
Medicine and the Body. in Albrecht Undesiderable Informations. in
G.L. et al.: Handbook of Social Studies «Sociology of Health and Illness», 2,
in Health and Medicine. London. Sage, 1988, pp. 109-132.
1998, pp. 50-63. 27. The A. M.: Palliative Care and
15. MacIntosh J.: Communication and Communication, Buckingam. Open
Awareness in a Cancer Ward. London. University Press, 2002.
Croom Helm, 1977.
16. Mutti A.: Fiducia. in «Enciclopedia Notes
delle Scienze Sociali», Roma. Treccani,
V, 1996, pp. 79-87. 1. Also according to The (2002),
17. Nuland S. B.: How to Die. London. better-educated and better-off patients
Random House, 1993. often ask for more precise and detailed
information; they possess modes of
communication that facilitate dialogue announced, delaying disclosure of the

with doctors; and they want to diagnosis as long as possible, reducing
participate more closely in decisions to the minimum the time devoted to
on therapies. interaction with the patient, or again,
2. Schou and Hewison [1999] have leaving the task of giving bad news to
observed the same behaviour among junior doctors, and failing to mention
English doctors, who seek to „to that further treatment will be necessary
minimize‟ and to conceal the gravity after surgery.
of the disease by speaking of a 3. The [2002] has signalled the ambiguity
„growth‟ rather than a „cancer‟, that also surrounds the terms „to treat,‟
resorting to humour to conceal the „treatment‟, „treatable‟ so often used in
seriousness of the news to be communication about tumours.
APPLICATION OF SIX THINKING HATS

WITH THE THEME „PROFESSION
OF SOCIOLOGIST”. TRANSCRIPT
OF THE SEQUENCE OF GREEN HAT
Gheorghe ONUŢ 1
Abstract: The study is the transcription of the sequence of green hat from
the application of the creative technique Six Thinking Hats (Edward de
Bono’s creation) that I did at the workshop with the theme „Profession of
Sociologist”, of the international colloquium of social sciences ACUM 2008.
The colloquium ACUM is the most important of the scientific manifestations
organized by the Faculty of Law and Sociology of „Transilvania” University
of Braşov.
Key words: Profession of sociologist, creative techniques, direct analogy,

symbolic analogy, directed brainstorming, six thinking hats.
Technique Note Marius Pleşcan, sociologist, graduate

Date: Saturday, 29.11.2008, time 10.20 2001, Braşov
– 11.55 Vera Ţugulschi, sociologist, graduate
Place: Braşov, „Transilvania” 2004, Braşov
University, „U” building, „under the Moderator: Gheorghe Onuţ, sociologist,
ladder” graduate 1976, Bucureşti
Guests: Dana Ababei, sociologist, Instructions Green hat is the equivalent of
graduate 2002, Braşov the exuberant of the directed
Raluca Buzea, sociologist, graduate brainstorming:
2002, Braşov - an ultra-typical participant to
Luciana Cristea, sociologist, graduate brainstorming;
2004, Braşov - an avalanche of ideas, perfectly
Andreea Filip, sociologist, graduate unreasonable, fantasist, arbitrary;
2008, Braşov - essential role in maintaining the
Roxana Florescu, sociologist, graduate divergence and of a very high
1998, Braşov imaginative standard of the discussions;
Monica Kovacs, sociologist, graduate - typical for the directed brainstorming,
2003, Braşov exuberant is the only launcher of new
Ramona Năstăsache, sociologist, ideas. These ones will be the ideas that
graduate 2004, Braşov the others criticize, support, modify etc.,
Romulus Oprică, sociologist, graduate evolving this way towards the solution.
2004, Braşov
1
Dep. of Sociology and Philosophy.
From under the green hat we exploit the matter if the ones around him do not
creative possibilities offered by the understand, do not agree, it seems stupid to
problem. them, a crazy thing. For him it is super, it
This is the typical creative hat. Wearing is his world.
it on our heads, we make propositions, we M. More. Ideas, ideas, ideas. How to
formulate alternatives, we challenge to the make a cooler faculty at sociology, how to
change. find work, what to work.
Raluca Buzea: To make the site of the
Transcription faculty to be ok, to create a forum on the
M. Down with it (previous hat). We will site, which should also be accessed by us,
wear the green one, which is with a star. not only by the students who have access,
Roxana Florescu: What are we doing if it is still exists …
with…? M. (looking towards the „sky” of the
M. I will tell you right away, let me put institution) Hear or not? (laughs)
it on my head, otherwise I don’t know (…) Vera Ţugulschi: To reactivate the
So, pass on to the green hat. The green hat existing site…
is the typical creative hat; now we are Romulus Oprică: Do you know it
making brainstorming-brainstorming. works?
Please shoot out of speed (saying) any Raluca Buzea: So… To make mail-s on
stupid thing crosses your mind in groups and crazy things…
connection with the profession of Luciana Cristea: Hey, I have not
sociologist. I will attack first: it is like a succeeded.
Puma helicopter. On the helicopter Puma M. Common, pull out more. Do not
330 you may set a tank hunter, but you argue anymore, otherwise we reach the
may also set an evacuator of injured black hat.
soldiers out of the first line, you may set a Raluca Buzea: Let’s have festive
tactic carrier of troops, you may set a evenings, because during the years of
crane, you may set a fire extinguisher. So I study we could not have them, not even in
think the sociologist is, you may set on it the end we could not have them...
almost whatever crosses your mind. M. What?
Romulus Oprică: I think it is my Raluca Buzea: Festive evenings! Didn’t
father’s Dacia… you enjoy last night?
M. Shoot. M. Yes, it is obvious.
Romulus Oprică: He drove with it up Monica Kovacs: Yes, but only you. We
the mountains; he carried with it whatever didn’t… (laughs)
was needed in order to ensure the stability Raluca Buzea: So let’s have festive
of the family. He took us out for a drive, evenings, so that we should meet among
we felt good and I think it is very versatile. ourselves.
M. More. M. I want more ideas.
Raluca Buzea: I think it’s a baby, Vera Ţugulschi: It is something like an
around 2 years old… ipod.
M. Baby? M. I don’t know what that is. It seems to
Romulus Oprică: (imitating a child) me that the ipod is a sort of myriapod with
„But why?” a single leg (laughs).
Raluca Buzea: … who starts to speak, Vera Ţugulschi: No, it is that sort of
and who says with so much serenity … thing on which you can cram music and
Everything he says, he firmly believes, no movies and figures and data and staff …
Onuţ, Gh.: Application of Six Thinking Hats with the Theme „Profession of Sociologist”… 33
Raluca Buzea: You have it all the time, Monica Kovacs: (gesture from the
in case of need. shoulders: isn’t it so?) Yes.
Vera Ţugulschi: and a documentary M. Other animals?
and a funny thing. You may listen to it in Marius Pleşcan: I would assimilate him
your ear, you may make it yell… You may with that character from the cartoons, the
do whatever you want with it. Tasmanian…
M. Does it wash the dishes? Vera Ţugulschi: The Tasmanian devil.
Vera Ţugulschi: No, but you can press M. Yes, Taz, Taz.
in the back pocket of the blue jeans. Marius Pleşcan: He razes everything, at
Luciana Cristea: You can throw it. a given moment he realizes he has sawn
(laughs) off the bough on which he was sitting, but
M. I know here a gentleman in the room he goes further, he turns around, he looks
whom that cheeping thing of radar took up… At a given moment, poor thing, he
him in some two thousand times, whom stops, he does not know were he is, but he
police stopped to beat and eventually he continues, he continues with this staff. It
decided to put it off, and until I managed to seems to me sometimes I am in this
shout his mouth, his something, you situation, I go, I go, I go.
understand, he opened the window and Vera Ţugulschi: Sometimes it is like a
vijjj, sent it into the landscape. So with the giraffe. It has a long neck, it sees much, it
ipod, I see. sees far, however it is kind of awkward.
Luciana Cristea: That means with the Until it reaches, until … and it cannot bow.
sociologist. M. Two commuting men from Ardeal,
Andreea Filip: I think it has to be like a who had missed their course and had to
boomerang. Which means we go to the stand about town, went to the zoo and were
client and we explain – you know, we looking at the giraffe and one of them said
know to do this, and he throws us away. „Hey, pal, do you realize when this thing
But we return to him and try to convince drinks a glass of brandy, until it flows
him, we really know how to do this. down that throat, to its stomach, wow, how
M. I heard yesterday Mircea Badea cool it must be!, one of them rejoices.” The
saying that there are women so ugly that other one: „Hey, how stupid you are. Do
not even the boomerang returns to them you realize when, poor thing, it throws
(laughs). up?” (laughs) Other animals, please.
Andreea Filip: We return! Roxana Florescu: I don’t know, I am
M. More, more. In case nothing comes thinking about an animal which throws
up, bang! (we commute): which is the away, changes its skin.
animal that you would liken the sociologist Luciana Cristea, Monica Kovacs:
to? Chameleon?!
Monica Kovacs: I was just thinking. Roxana Florescu: Or which changes its
With a monkey. colour. Or which throws away its skin…
M. With a monkey? Shoot! M. … but not its habit…
Monica Kovacs: Yes, it is like at the Roxana Florescu: … or which changes
zoological garden, everyone is looking to its colour.
it, and do not know how to use it, they Romulus Oprica: Political colour,
know it is intelligent and from time to time right?
it also knows to show its red buttocks, if it M. You can say, right, your own staff?
has them (laughs). Let man say one’s own animal. So, say
Romulus Oprică: And it is also funny.
more, an animal which changes many crawl effectively. Well, but when I get into
times, in all sorts. the mood! Then I can tear…
Roxana Florescu: Yes. Romulus Oprica: And when you get
Dana Ababei: I would compare it with a into the mood, you turn round the cage!
pet. When you don’t have it, you don’t Luciana Cristea: No! Then I get out!
realize how it is, when you have it, you And when I get out!...
rejoice. You say ah!, what a good choice I M. She gets out, she gets out. She tears
made. Something like that. the grates. Which is your animal? Say!
M. Pets are also fleas…, flies. Andreea Filip: With something small,
Dana Ababei: Well, of company! For which should fit everywhere. However, if
instance cat, dog, anything. Guinea pig… it is to be an earth worm or something, if
M. No, I was not criticizing you. I was you cut half of it, it still hangs on. You
trying to imagine how a pet flea sociologist cannot kill it from the very beginning. It
would look like (laughs). still lingers a little.
Dana Ababei: you never get rid of M. I see…
them… (she makes the gesture of catching Vera Ţugulschi: Have you been badly
a flea on her sleeve). tormented? (laughs)
M. Yes, yes, yes, yes (laughs) Marius Pleşcan: The psychologist said.
Romulus Oprica: You don’t see it. Only Vera Ţugulschi: No, but I think you
the traces it leaves. have had a very tormented professional
M. Shoot, animal! evolution…
Andreea Filip: What I have said, I have M. Leave the man alone!
nothing more to say. Andreea Filip: I have had no
M. Right, but with another animal. What professional evolution. I have just
would liken it with? With a marmot, with a graduated…
bicycle, with… M. Poor thing, she is still little. „And
Luciana Cristea: What would I liken they have no father, and George still has
the sociologist with or how do I feel, the not come.” Which is your animal?...
sociologist within myself? Raluca Buzea: With an animal like that
Andreea Filip: With something that fits Tasmanian devil, which purposely enters
everywhere. into all sort of …, However let’s not speak
M. Now you make me enter into details. dirty. Therefore seemingly on purpose. It is
What you would liken the sociologist with. like a pig which pokes one’s nose into
How would I know what it is to become of every corner, like a Paul Pry, but this way
you? he is much faster …, he is…
Luciana Cristea: Well. I was just saying M. Getting dirty is good, in order to
I feel very superior. quote a noteworthy…
M. Very, the most superior. And what Raluca Buzea: Yes, yes. So he pokes his
precisely are you, a lion? nose into every corner, like a Paul Pry,
Luciana Cristea: No, a tiger! afterwards he realizes that was not the best
M. Tiger? And how are you like a tiger, place. I don’t know, but it is like that, it is
my dear? very fast, it changes.
Luciana Cristea: Do you know how? M. Rapid, it changes, it squeezes, it is
M. Tell us. Paul Pry.
Luciana Cristea: Like a tiger at the zoo, Raluca Buzea: Yes, yes.
when I feel like doing nothing and when I M. You? Ramona…
Ramona Năstăsache: Me, with a ram.
M. Ram? M. Cactus…
Ramona Năstăsache: Yes. It gets Luciana Cristea: Aaa, I wanted to say
obstinate; it pushes with its head forward. the very same thing!
And even if it sees it can’t, it still hits once Vera Ţugulschi: When it is small, it if
more, as it seems to it that it can. It seems fluffy, afterwards is grows up and forms
to all of us that we can. thorns bigger and bigger.
Romulus Oprica: Come on, at a given M. Two balloons in the desert, you
time, you come into your senses. (laughs) know? And one of them says: here it is a
Luciana Cristea: And you try again! cactusssss!
(laughs) Vera Ţugulschi: Don’t challenge me!
M. And once again! A little dizzier, but Crack!
you don’t give up. M. Say more about the cactus.
Romulus Oprica: I don’t necessarily Luciana Cristea: I was completed with
know it is the fittest, but there are also the the cactus, as the cactus resists
suricates. You know, those with big eyes, everywhere.
which always look at the horizon. Vera Ţugulschi: But why? I had a
M. A, those with big eyes. Like a radar. cactus which died…
Luciana Cristea: And they stay?! Luciana Cristea: Sadist!
Vera Ţugulschi: They run, they run. Vera Ţugulschi: I did not pour water on
And afterwards they get up. it, until it died. So the cactus may die,
Luciana Cristea: But do you stay?! too…
M. No, pal, she moves, but from time to M. Hey, take care. So, because of the
time she stops in order to see in water. Take care with the water, it is not
perspective. How do you see yourself? good. Water is not good (laughs).
Well, pardon, what animal do you see in Especially when it runs out! Say about that
me? cactus!
Marius Pleşcan: Beside Taz, I don’t Raluca Buzea: Yes, it is beautiful in the
know… I had a Guinea pig at a given beginning, usually the smallest ones make
moment. It used to poke his nose a little flower, they are really superb. Only
everywhere, including his own shit. So it they sting at a given moment, like this.
seemed to me … Now, well, it is also a M. More! What other plants?
sign of stupidity in the end, as, poor things, Romulus Oprica: They bring you down
they have the brains quite small, these to earth. They make some superb flowers.
ones, the little pigs. But it used to poke its M. Yes. Rare, but really superb.
nose everywhere. So they are, quite so. Vera Ţugulschi: Edelweiss.
M. Plant? With what plant would you… M. Edelweiss?
Ramona Năstăsache: With a liana. Vera Ţugulschi: Yes. Everybody heard
M. A liana? about it, however nobody knows how it
Ramona Năstăsache: Yes, with a liana. really looks like. (laughs)
Which enters everywhere and tries to cover Luciana Cristea: But, you know, there
as much as possible … And as fields of began to be cultivated plantations of
activity in which we may enter. edelweiss. This is pathetic. (laughs). So,
M. More. Come on, do not determine me when there are several, you don’t know
make roundabouts, otherwise you will get which the valuable one is.
used to the idea that I am here to call you Romulus Oprica: And now increasingly
to account. more people are going to see it, and they
Vera Ţugulschi: Sometimes cactus. will realize they do not need it.
Luciana Cristea: And they tear it M. So which hangs on. It has deeply
away… and they don’t even… thrust roots.
M. Hey, we have left the feelings aside, Dana Ababei: Yes. It is about how
haven’t we? Come on, other ides, other flexible it is.
plants … M. Fir tree has another trick. There are
Monica Kovacs: Fir tree. many which stand one close to the other,
M. Fir tree? this is why they are not pulled down, by
Monica Kovacs: It is tall, it is beautiful, the way of what Raluca said, with us
it ramifies, you may sit under its shadow… among ourselves. We should be a little like
Vera Ţugulschi: Romi, stand up. fir trees.
M. Like the fir tree’? Dana Ababei: We should, but we aren’t!
Romulus Oprică: And put the star like M. Les notres comme les coniferes.
this, Vera? (laughs)
Vera Ţugulschi: Right, right. Dana Ababei: Now we are the
M. However thrust a little deeper. Christmas tree. Which is alone in a big
Monica Kovacs: It may be adorned. It house.
never loses its leaves… M. I feel really afraid. In a big house,
M. Heeey! something unique.
Luciana Cristea: This one resists, too! Luciana Cristea: But this necessarily
M. However this one has thorns, too, I pertains to our profession of sociologist, to
don’t know if you realize! (laughs) our formation as sociologists?
Romulus Oprica: And usually the M. Other plants, other plants.
poacher comes and cuts it down. Luciana Cristea: Ooh! You criticised
M. Its peak! me and you stopped me. Well I think it is
Luciana Cristea: And it also smells up to ourselves.
nicely! M. Yes, it is up to ourselves.
Raluca Buzea: You see, these are plants Raluca Buzea: This is not true! Well,
like this, colder, we don’t liken ourselves we will speak at the black heat.
with warm plants. Would you for instance Luciana Cristea: Criticize me in your
see a sociologist like a lily-of-the-valley? turn! (laughs)
(laughs) M. Come on, other plants. Do we have
Luciana Cristea: Spare me that! other plants? Does it mean you can no
M. Look at me! longer? Come on, I have one more and
Monica Kovacs: Snow drop! (laughs) here we are.
M. Dane. Shoot Dane. Marius Pleşcan: I think we are…
Dana Ababei: A tree that faces strong Vera Ţugulschi: Coconut tree.
winds. M. Coconut tree? I don’t know what’s
M. Pine tree? that. Which makes cocottes? (laughs)
Dana Ababei: I don’t know which that Vera Ţugulschi: Which makes
tree is, as I am not up to… biology. coconuts! Whoever has the chance to taste
Luciana Cristea: Poplar. We are in the them, they are good, some of them break
poplar. (laughs) and the milk pours out.
M. Birch? M. So it seems to me: coconut tree is the
Dana Ababei: I told you … one who deals with cocottes. (laughs)
M. You are not up to dendro, dendro-I- Monica Kovacs: Pine plant.
don’t-know-how, dendro-something. M. Pine plant?!
Dana Ababei: Philodendron. (laughs)
Monica Kovacs: Because everybody Monica Kovacs: Yes. Yes!

knows pineapple grows in the tree, and it is M. Dear God! Other instruments?
in fact a plant which grows, like the potato, Dana Ababei: Me with an accordion. It
in the ground. So there is wrong perception is very complex. It has that staff like this
about the … and that staff like that and you also have
Roxana Florescu: Yes, every body to do like that. (laughs)
knows it is good… Monica Kovacs: So this one has to be
Monica Kovacs: So it is sweet but beaten, too! (laughs)
rough… Romulus Oprica: With a sociologist
Vera Ţugulschi: Everybody searches it you work a lot…
upwards, and it, as a matter of fact… M. Yes, yes, yes. And you make this to
M. The only cactus, pardon, pineapple… him – smash, smash… (laughs)
Hey, it is a cactus, too, hey! Damn it, with Ramona Năstăsache: Or with a
your cactuses. End it up with the cactuses, saxophone. It seems too equally
I am fed up with them! (laughs) Musical complicated .
instrument. The last round before changing M. At three in the morning?
the hat: with what musical instrument Monica Kovacs: I wanted to say that it
would you liken the sociologist with? Of expresses your feelings when it wants to.
course comment it a little. M. When it wants to? It expresses them
Andreea Filip: With a reed pipe… clearly.
M. With a reed pipe? Let’s have a Monica Kovacs: Yes. It beats loudly or
pipe… (laughs) it beats quietly…
Romulus Oprica: Pipe cigarette, pipe M. Yes. And it is quite obvious, like this,
cigar. (laughs) and you cannot confound it with something
M. Say, say, say! else. (towards Ramona) Say with that
Andreea Filip: With a reed pipe as it has saxophone. It is three in the morning, there
many little whistles. are only the two of us, the rest went to
Luciana Cristea (soto voce): Holes! sleep, and we still have vodka left…
M. She says because it has many holes. Ramona Năstăsache: Which means
(laughs) there are again all sorts of holes and little
Andreea Filip: And holes. buttons there, you don’t know which to
M. So, it enters through one year, it press upon, and if you press, what will all
leaves through all orifices, to say so come up to, and it is very hard to imagine
(laughs) what is there within. I don’t know what it
Andreea Filip: Yes, yes. is in there. Probably it is the same with the
Monica Kovacs: With a drum. sociologists.
M. Drum? Monica Kovacs: In the saxophone you
Monica Kovacs: Yes. It may beat hard have to know how to blow. This is very
when it wants to… important.
M. Drum is not also a Romanian dish? Marius Pleşcan: I wouldn’t choose a
Romulus Oprica: Oh, yes, with garlic. saxophone, I would choose a trumpet.
(laughs) M. Trumpet? Say a little more. Shiny?
Monica Kovacs: A battery. So it beats Marius Pleşcan: It has three buttons!
strongly if… So it sounds loud. M. There also are some without buttons,
M. But is has to be beaten. (laughs) you know?
Monica Kovacs: Yes. Marius Pleşcan: I refer here to the
M. Yes?! trumpet with three buttons. It is relatively
simple when you take it, when you look at Luciana Cristea: Well, but if you put in
it. The idea is that it may make an awful a place with proper acoustics, if there is the
noise… harpist, then it really makes a good job.
M. Haven’t you heard a „well treated” Good.
violin… M. But I don’t understand why there is a
Marius Pleşcan: … but the combination harpist and not a she-harpist. This really…
of three buttons can make really fabulous Luciana Cristea: But usually they are
things. women!
Luciana Cristea: I see it as a harp. M. More instruments.
Roxana Florescu: Among all Vera Ţugulschi: Harmonica.
instruments I wood choose a conductor. M. Harmonica?!
M. Let’s hear. Vera Ţugulschi: When it wants, it can
Dana Ababei: The conductor’s stick. be very playful, it can play, it may seem
(laughs) unserious.
Raluca Buzea: Baguette. Romulus Oprica: What are you talking
M. Tell us a little. about?
Roxana Florescu: What more should I Vera Ţugulschi: About a sociologist.
say? Don’t you want it so? (laughs) When one wants so, one may
Vera Ţugulschi: It should be so. play, one may seem unserious. It may
Monica Kovacs: Yes, I would like that. leave gravity aside.
M. More. Other instruments. Romulus Oprica: I don’t like the idea of
Luciana Cristea: Harp, I keep on comparing the sociologist with an
yelling… instrument, with…
M. Harp, Shoot. But they say Hark! M. Sentiments have already been, so you
Come on, say. say an instrument…
Luciana Cristea: As is has many Romulus Oprica: … a band, a jazz
strings, you never know until somebody band.
starts to caress it. You don’t know in fact Vera Ţugulschi: Whoops!
how it plays, in fact, what sounds it Marius Pleşcan: As it is not easy to
produces. listen.
Raluca Buzea: But everybody knows it Vera Ţugulschi: Let’s ask the public?
is beautiful. M. Let the man alone, so that he might
Luciana Cristea: Yes. And that it is say something, don’t you see he cannot say
difficult! two words? Please, sir…
M. Beautiful, difficult to play it. You Romulus Oprica: I was on the point of
cannot play approximately as an expert not being allowed. (laughs) I rather see the
player. So you really have to be up to it in sociologist, what he gives as a result of a
order to make it play. formation. Professional. OK, the
Luciana Cristea: Not anybody knows instrument plays its part.
how to make this. You must have abilities. M. So, say faster. Therefore a complex
M. But do you know how it is? If you instrument.
have passed your finger on harp, it has Romulus Oprica: Very complete. And it
already sounded well. Therefore, the can make many things, it can change ...
simple fact of pulling incompetently, so as Why do I like jazz? As it can easily change
on a fence with the stick, it has already the register, as it can adapt to the audience,
sounded well. It sounds cool, it produces a as it understands what the audience wants.
fine sound. M. Hear that? I want other instruments.
Luciana Cristea: But do you see around up business. I learned how it is to graze the
him other instruments or?… bankruptcy, although you have a sum of
M. Other instruments? (…) There are no two thousand euros, they are easily spent,
other instruments. Now I will surprise you, but I don’t give up. So they say: I am a
as gone out of the scenery from the point little ram at this thing. I think I have learnt
of view of the time. Please put your toys in in two years of business what is to use
your bags and (…) yourself or what you should do in order to
Let’s close it. Shall I introduce you? gain using the platform of sociologist.
Vera Ţugulschi, sociologist, graduate M. The platform of sociologist… I like
2004. Now you say what you want to say. this word. Ramona Năstăsache, sociologist
Vera Ţugulschi: I work in a multi- of Braşov, promotion 2004.
national, I cannot say I really do what a Ramona Năstăsache: I am currently
sociologist should do. I can say however program manager within a foundation…
that I did many things that other could not M. Whom I met a few months ago in a
possibly have done, due to the fact that I subway station, in Bucharest, – heavy-
am a sociologist. I am creative, I don’t like hearted, upset, loathing Bucharest. And I
routine. I work on development, and I said to her: yes, you people from Braşov
hope to reach one day a high position of loath Bucharest and in six months you
sociologist. become managers. She e-mailed me after
M. I hope you won’t reach that, as there four weeks: I am manager!
is no position of sociologist, as there is no Ramona Năstăsache: As I have just
such thing. You will see that you will read said, I am program manager in this ONG,
our book, to put it in an elegant manner. and this allows me to do what the
You will see that there is no position slip sociologist thinks he or she can do, that is
for the sociologist, as there is no position everything, which is very good.
slip for a helicopter which is but set, Roxana Florescu. What ONG?
therefore has nothing in the field. What Ramona Năstăsache: „Chance for life”.
slip should you make for it? It is a platform I work in the social field. This is the
on which you can set whatever you want. activity.
Marius Pleşcan, sociologist of Braşov, M. Raluca Buzea, sociologist, graduate
graduate 2001. of Braşov 2003.
Marius Pleşcan: On my work record Raluca Buzea: 2002. I changed three
there is really written sociologist. jobs, in which I was sociologist in different
M. This is a bad thing. forms, in the last it is written I have been
Marius Plşecan: I think this has been working as sociologist, in the first that I
written since the very beginning. I have activated in politics, in the second in a
been working for five years for an private company I was manager of
American company, which deals with marketing programs, of whatever you
projects sponsored by the World Bank or want, so it did not matter. And in the third
RAIS. We work in the area of education, I am really a sociologist officer, in police.
health, poverty, statistic analysis and We are unique in our kind, of course. They
whatever follows up. employed us as we would talk earlier and
M. Romulus Oprică, sociologist of then in all ipj-s throughout the country
Braşov, graduate 2004, father to be. there was employed a sociologist, and
Romulus Oprică: I think I have been afterwards they asked: what could you do?
doing the sociologist work, which is for We were made to fill in a job slip, so there
two years I have been dealing with a start- is a job slip for every sociologist position
in all IPJ-s throughout the country, that of sociologists. The first series is
they kindly asked us to write and we Claudiu’s.
signed our agreement. We do all sorts of Roxana Florescu: I am glad you still
analyses. So I really feel here as a remember me after ten years.
sociologist, as I searched, I grasped and I M. I don’t forget you.
read Mr. Ungureanu’s courses and I read Roxana Florescu: For the last six or
theories as I had to do research and I had to seven years, I have dealt with the creation
frame them, I read Mr. Bujdoiu’s courses, at Braşov of a German cultural centre,
as we were confronted with a lot of which I dare say it works as it should. So I
juvenile delinquency. I really used that thing I have been using this very
book I had had ever since studentship. The development side.
small, cherry-coloured one, with Lugoj, it M. I think none of you has been in
is really worn out. And I wrote passages Roxana’s state of misery. She was the
from it, I turned over the leaves, so many chief of the series of graduates. It seems
things I learnt in faculty I have seriously awful to me.
used. As regards methods and techniques, Roxana Florescu: Me, too. It had
there is no use talking about. So I really already seemed awful after the first two
felt here as practicing sociologist on the months, that I had left with certain
research side of the job. And as a side job, expectations, that they would stay in line at
I think we should invest in sociologists, I my door, fight and planes. And after
deem we are the best in writing projects. turning sheets of paper on each side I said:
Structurally, they are N, nobody applies let’s do it. And we did it. And as ides of
them and I think sociologists are the best in proposition, it would seem OK to me, not
making projects. only for Braşov, but for this country, it
M. In other words developers. would be cool to be the specialization in
Raluca Buzea: Yes. In a certain sense, cultural management, as it has been
yes. Therefore it should be insisted much missing.
there and delved into the matter. M. Dana Ababei, graduate of sociology,
M. Thank you a lot. I have already made Braşov, 2002.
them write projects, as exam subjects. Dana Ababei: 2002…human resources
Andreea Filip, sociologist , graduate of ever since I graduated. I worked for the
Braşov 2008, the freshest sociologist we Germans, for the Swiss, I returned in the
have. country. Now I have been making human
Andreea Filip: I have not started up resource strategy for the company Petrom.
work yet. Or I have begun since Tuesday M. Hear that? Monica Kovacs, who still
to work at Libris, I take a downward start, has the mail address m_bilitki, graduate of
like this. What is cool, is that we plucked Braşov 2003.
up courage to make a company of event Monica Kovacs: At present mother as
organization, me and two other colleagues. profession. In the meantime, during the
Relatives and friends tell us it won’t work June campaign, manager of electoral
but we know we will make things out, we campaign.
really trust ourselves. Even the colleagues M. Manager of electoral campaign. Her
congratulated us. Hey, you really enjoy candidate lost, but he nearly beat Bebe
doing this, you really did this. Căncescu. Her most consistent
M. Roxana Florescu, graduate of professional experience is this campaign
sociology, Braşov, 1998, the second series and the one for Mr. Seche, although
president PCJ. Among theses, human
resource manager for a company which no County Council, to become hall manager
longer exists. in a bank, I really mean it. I don’t know if I
M. The youngest manager of the human am capable of making an event organizing
resource department in the world. The company, exactly what you said, only I did
following year, after her graduation. not set up that company, I was surprised by
Monica Kovacs: So… and patron of a the events and I organized four weddings,
nearly bankrupt company. after which I said I could do something and
Romulus Oprica: The bullet will graze I was employed at the development
you right away, like in „Matrix”. company. I work a lot, for which reason I
M. Luciana Cristea, graduate 2004 almost did my blood tests last week. At
Luciana Cristea: At present I am present I work at a project whose deadline
development agent, at the Direction for is the 8th of December, so I am in a
Development of the County Council of perpetual time crisis. And I feel so.
Braşov. I graduated , I wanted to return as Therefore I have no time to call my
school master in my village. Due to Sir, friends, to go out. Because I have a lot to
who said: go to an interview to the County do. And that’s all.
Council, I entered the City Council. With
dreams about what was happening there References
and what cool it must be. So everything
went, everybody have me a kick. 1. ONUŢ, Gh., Machine of Ideas.
M. You thought it was necessary for Dicionary of Creative Techniques.
them, but nothing was necessary for them Publishing house of the PRO
Luciana Cristea: Neither I was Foundation, Bucharest, 2005,
necessary for them… I became more and pp. 78-82; 328-332.
more realistic. I wanted to leave the
MINORITIES PROTECTION, DEMOCRACY

AND CULTURAL PLURALISM
Gabriela RAŢULEA 1
Abstract: The instauration and the maintenance of a stable democratic

government within a plural society are difficult to be realized. The social
homogeneity and the political consensus are considered compulsory premises
for a stable democracy in which minorities rights are protected, or are
considered extremely favourable factors for this one. Recognizing the
cultural pluralism means to respect the principles of democracy, to instate
harmonious intercultural relationships, ensuring that every member of the
community can express himself and benefits of the same rights with the
majority.
Key words: minorities protection, cultural pluralism, democracy,

tolerance, equality.
1. Introduction social and political development usually

Two thousand years ago the Greek revives the competition between rival
philosopher, Aristotle, sustained that “The groups that are therefore competing for
purpose of the State is to be, within the new services provided by the government.
possibilities, a society of equal human The modernization brings with it an
beings” [1]. Nowadays the cultural overdevelopment of the main cities, a
pluralism answers the need of different consolidation of the political centers that
cultural components of the society to control the mass-media, as a redistribution
express themselves. of the incomes. Such development starts
The "cultural pluralism" concept was the riot of suburbs - what Jean Gottmann
born in the 60s in the US, with the purpose defines as defying of the centralization.
of making it easier to understand the Urbanization, education and
diversity of todays world. This is about the communication, far from operating a
existence within a state or a larger region radical opening of the cultural collectivity,
of some minority groups that are different offer them the ability to create an elite, to
from the majority population by elements develop a conscience, to transform their
such language, race or religion. In the dialect into a real language and their
work "How to compare nations", Dogan legends into cultural patrimony". [2]
and Pelassy analyze this phenomenon. "All The authors present the content of this
analysts who have seriously studied the concept: overcoming the intercultural
cultural pluralism have denounced the antagonisms, access to all forms of culture,
naivety of those who expected that the acceptance of diversity - the basis of this
industrialization and development of concept, as a factor of individual and
communications will prevent the collective improvement, elaboration of
segmentation. In reality, the economic, new synthesis to overcome and eliminate
1
Dept. of Communication and Social Assistance, Transilvania University of Braşov.
Raţulea, G.: Minorities Protection, Democracy and Cultural Pluralism 43
all forms of conflict, including the latent that is enforced within the society. If
ones, recognition of the creative force and cultural pluralism is to be understood as a
the energy released by the interaction of correct philosophy, then it must exist in an
differences without transforming them in authoritarian manner. It is a self-defeating
conflicts. philosophy. Furthermore, the notion that
These principles ensure the cultural pluralism is a false concept must
implementation of harmonious also be tolerated within a pluralistic
intercultural relationships, not leading to a society. This results in those who adhere to
leveling of differences, to a suppressing or absolutes opposing those who disagree,
marginalization, guaranteeing, on the and this notion again defeats the principles
contrary, that they will continue to exist, of cultural pluralism.
but without generating conflict anymore.
For a better understanding the concept is 2. The Education and its Role in
usually associated with the field to which it Promoting the Cultural Pluralism
refers to: cultural pluralism, ideological The education must make individuals
pluralism, political pluralism, ethnic aware of their own roots, so that they are
pluralism or religious pluralism. [2] able to have points of reference in order to
Cultural pluralism is the dynamic by find their place in the world, but it must
which minority groups participate fully in also teach them the respect for other
the dominant society, yet maintain their cultures.
cultural differences. A pluralistic society is According to the Declaration of
one where different groups can interact Tolerance Principles (proclaimed and
while showing a certain degree of signed on 16th November 1995) the
tolerance for one another, where different Member States of the United Nations
cultures can coexist without major Organization for Education, Science and
conflicts, and where minority cultures are Culture (UNESCO) reunited between the
encouraged to uphold their customs. A 25th of October and the 16th of November
Jewish philosophy professor, Horace 1995 in Paris in the 28th session of the
Kallen, coined the term pluralism in the General Conference, regulated that
early 1900s. He was proud of his country, tolerance is: "the respect, acceptance and
and concerned for his beliefs and the appreciation of the wealth and diversity of
beliefs of immigrants. He did not want to our world's cultures, our ways of
be assimilated by the majority. He felt that expressing our quality of human beings. It
various distinguished cultures could offer a is encouraged by knowledge, free spirit,
greater contribution to progress than a communication and freedom of thinking,
single culture could. Cultural pluralism awareness and faith. Tolerance is also the
itself can break down at the practical level. harmony in differences. It is not only an
Equality among men and women is one of ethical obligation; it is also a political and
the great accomplishments of Western juridical necessity. Tolerance is a virtue
society. Western adherence to cultural that makes peace possible, and which
pluralism, and its tolerance, will break contributes to the replacement of war
down, for example, the mistreatment of culture with a peace culture. Tolerance is
women. not a concession, or condescendence or
Cultural pluralism can breakdown at the indulgence. Tolerance is especially an
philosophical level as well. In order for active attitude generated by the
cultural pluralism to have any application, ascertaining of the universal rights of the
it must itself be a belief held by all, or one human person and the fundamental
freedoms of others. Tolerance cannot be in the Empire. The geographic component of

any way invoked to justify the violation of most Romanians in Hungary was not a
these fundamental values. Tolerance must stable part of a Romanian historical
be performed by individuals, groups and province - from Transylvania or Banat,
States (art. 1 of the Declaration). neither from the traditional "countries" or
Moreover, tolerance is related to the lands (Ţara Zărandului, Ţara Moţilor) in
pluralism as follows: it is the responsibility the close vicinity - but the Romanian
that sustains the human rights, the ethnics have always formed small islands
pluralism (including the cultural spread over the Hungarian territory,
pluralism), the democracy and the lawful throughout the actual border with
State. It involves the rejecting of Romania, at the eastern extremity of
dogmatism and absolutism and confirms Romanian territory at the south-east of the
the norms listed in the international Hungarian Field. The ethnicity of
instruments with respect to the human Romanians in Hungary was preserved until
rights. According to the observation of the the creation of modern Romania, by a
human rights, to practice tolerance does spontaneous ethnic separatism ensured
not mean to tolerate social injustice, or to especially by the language and the
renounce to one`s own convictions, or to Orthodox Religion and encouraged by the
make concessions in this respect. It presence of a considerable mass of
signifies the acceptance of the fact that the Romanians on the territory of the same
human beings, naturally characterized by political formation. The main support of
the diversity of their physical look, their the ethnic separatism was the group
status, way of expressing, behavior and endogamy. Especially after the separation
values, have the right to live in peace and from Transylvania and Banat, the reduced
to be who they are. It signifies also that Romanian community in Hungary was
nobody must impose its own opinions on placed in the position of the cultural
another. pluralism phenomenon, a social form of
accommodation where the ethnic group
3. Minority Protection in the Context of keeps its distinctive cultural features and
Multiculturalism traditions, cooperating in the political,
The issue of minorities protection, social and cultural life of the majority. In
whether ethnic, religious or cultural can be this case, the cultural pluralism is just a
analyzed starting from two different transition phase to integration/assimilation.
ideologies. The issue is about the The cultural and linguistic leveling, loss of
identification of the relation between the traditions lead to the destruction of group
"majority culture" on one side and the identity. Preponderantly rural, the
"culture of minorities" as a relation of Romanian ethnic group in Hungary began
possible antagonism which, under to lose its identity with the raveling of the
uncontrolled conditions, can lead to mutual traditional existence forms. After 1920,
social exclusion, and on the other side, by when the Romanians formed just small
the need of preserving some particular enclaves in the south-east of Hungary,
cultural identities within the context of a politically and administratively isolated
cultural pluralism, as benefic stability from the mass of Romanians in
factor at macro-social level. [3] At this Transylvania and Banat, the prestige of the
point we may examine, as an example, the own language and culture diminishes,
situation of Romanians in the Austro- especially due to the citizenship process
Hungarian Empire after the dissolution of that disintegrates the closed societies.
In the context of the post-modernism, we connection to justice or the good governing

are confronted with an unprecedented of society. For the jurists, the concept is
ethnical, cultural and religious diversity. useful in identifying the institutional forms
This diversity, generated by secularization, and in distinguishing the other types of
globalization and by the demographic political regimes (authoritarian or
modifications, spreads into the area of totalitarian). As regards the sociologists,
values and concepts about the world and they have in view the democratic
life, of the morality and religious practices. phenomenon, both in its judicial
In human communities all over the world dimension, and in its political and social
and in schools we can find Christians, dimension. We must not neglect the
Jews, Muslims, Hindus, Buddhists, essayists’ discourses upon democracy, as
Confucianists, atheists and agnostics not their influence upon modelling the social
only in the spatial proximity, but also in representations is not to be neglected,
complex economic, political-social and given the fact that, through their arguments
religious cultural interrelationships. or the media debates they entertain, they
influence the citizens’ perception upon the
4. Democracy’s Role in Promoting political regime.
Cultural Pluralism Anton Carpinschi [6] submits the
Within the Western cultural space, the compliance with the political phenomenon
democratic political regime constitutes no from the perspective of the paradigm of the
recent subject of debate. Twenty-five whole and the part. In the framework of
centuries ago, it stood in the middle of the this model, the whole designates the
debates with respect to the political life at dynamic unity of the generic agents of the
the ancient Greeks. Nowadays, it political game: power, civil society, human
constitutes a privileged subject. The 20th individual. The whole is, therefore, the
century, marked by the “war of the social whole, society consisting in the
political regimes"[4] not only attracts the political society (State, parties, lobbies)
political scientists` attention , but also that and civil society (economic, cultural life
of the sociologists, of the jurists, of the etc., extra-political, individual and
philosophers. The collapse of the collective). The parts are represented,
totalitarian regimes led to the reanalysis of according to the submitted paradigm, by
the ethic principles, the idea of democracy every agent of the mentioned triad, as well
being renewed this way. as by the different classes, social groups
The concept of democracy is used within and political parties existing within a
several universes of discourse, but in the society. Democracy will be instituted when
first instance within the one of daily there is a dynamic equilibrium between the
political life. We currently understand different parts (classes, groups, parties,
democracy as “the political regime in individuals) and the social whole. When
which sovereignty is exercised by the the competing positions and interests
people"[5] in which every citizen has the legally confront and conciliate, there being
liberty to express his convictions. At the affected neither the interests of any
same time, democracy stands for a concept minority, nor of the social whole. The free
used by philosophers, jurists, sociologists. and creative individual, civil society in its
For the philosophers, it often constitutes diversity and legitimate political power
the occasion of making actual the issue of adjust their relations in a rightful manner;
the political values. This way, referring to the person’s rights and liberties are
democracy, the philosophers raise issues in
observed, and the State functions Only within a democratic society,

according to the lawful standards. citizenship is, in principle, open to all
individuals, beyond cultural, social or
5. Pluralism, Democracy, Citizenship biological differences. In the name of the
The instauration and maintenance of a values of modern democracy, political
stable democratic government within a order assumes as ambition the integration
plural society is difficult to achieve. The of the ethnic groups with the help of
social homogeneity and the political citizenship, through rising above their
consensus are considered compulsory concrete diversities, their particularities.
premises for a stable democracy or are The democratic State is based on the
considered extremely favourable factors principle of the citizens’ inclusion and of
for a democracy. On the contrary, the the non-citizens’ exclusion from the
profound social divisions and the political political practices. It includes the former
differentiations within plural societies are ones, ensuring their equal participation to
considered the causes for the democracy the political life; it excludes the others
instability and its collapse. Arend Lijphart from the practises in direct connection to
considered that only a certain form of the citizenship that they dispose of within
democracy, the consociational one, makes another society. From the judicial point of
possible the maintenance of democracy view, „any person has the right to
within a plural society. In such a citizenship" (Universal Declaration of the
democracy, „the centrifuge tendencies Human Rights, art. 15) and to the afferent
inherent to a plural democracy are civil rights. Democratic society has
neutralized by the cooperating attitudes however the vocation to open itself for all
and behaviour of the leaders of different those who may participate in the political
population segments" [7]. As a matter of life, independently of their particular
fact, the cooperation among the elites features, it being more open to foreigners
stands for the main distinctive feature of than any other form of political
the consociational democracy. However, organization (for instance, French, Swiss,
we do not have to infer that the German etc citizenship may be obtained.
individual’s role is minimized. Within through naturalization). From the fact that
modern democratic society, the connection the right to citizenship is open, there does
among people is a political one. To live not ensue the fact that nationality may be
together means no longer to share the same unconditionally granted to all individuals
religion, the same culture or to submit, present on the national territory, as this
together with the others, to the same would mean the denial of difference
authority, but to be citizen of the same between the nationals and the foreigners.
political organization. Citizenship stands Only the citizens of a democratic nation
for the source of social connection [8]. are fully entitled to their political rights.
Citizens’ society, through their political However, all foreigners who are legal
and social institutions, through daily residents, non-citizens, therefore deprived
exchanges, is a democratic society. Every of their political rights in connection to the
citizen, independently of his/her religion, citizenship, are granted the same civil,
ethnic origin, race, gender etc., has the economic and social rights as the nationals.
right to the same respect, to the recognition Foreigners enjoy all individual liberties.
of his/her dignity. The relations among They have the right to travel freely, to
people are based on every one’s equal marry, they have the right to the
dignity. presumption of innocence, in case they are
deferred to justice. Gradually, after the end embody and to define the general
of the second World War, the foreigners’ interest.[8] Henceforth there comes the
judicial status in Europe was assimilated to unique and centralized organization of the
the nationals’ one, as regards the salaries, system of education. The republic is aimed
the right to work and the right to social at emancipating people in the name of
protection. The legislation that regulates equality for all and at ensuring the
the equality of the civil, of the economic promotion of the best.
and of the social rights is based in fact on The access to education for everybody
the fundamental idea of the human rights, means equal chances of promotion. School
as being inalienable and universal. In this has to ensure the promotion of the best, to
respect, Dominique Schnapper considered allow social mobility and to favour the
that the „observance of the foreigner’s equality in chances. Here there may be
rights as human being means in a way to introduced for discussion the essential role
reassert the values around whom t modern of the study grants, which allow the
democracies were built"[8]. endowed children, independent of their
social or ethnic origin, to benefit from the
6. Education and Democracy possibility of promotion and continuation
Education is placed at the centre of the of study.
democratic project, as it has to offer to There has to be enhanced the fact that
everyone the possibility to really school has a double function. On one hand,
participate in public life. through the content of education, there
School, either directly organized by the takes place the assimilation of a language,
State, or controlled by it, is undoubtedly a of a culture, of a national ideology and of a
democratic institution. Within the Greek historic memory. The schooled persons
democracy during antiquity, the absence of within the same institution share not only
public school limited the real political the same language, but also the entirety of
participation to rich citizens. The idea that knowledge and references, implicit and
every citizen should be allowed to explicit. On the other hand, school
concretely exercise his rights is connected constitutes an integration space. In its
to modern democracy. Only since the framework, independently of their ethnic
Revolution of 1789, in France, for origin, of their appurtenance to a church or
instance, the teachers in the schools, were of their social origins, they are equally
no longer called „regents", turning into treated.
„institutors", their task being to establish From the intercultural perspective, the
the „nation", source of the political school should promote the „ethnic
legitimacy, in the sense of the 3rd article of attachment and understanding and to help
the Declaration of the human and civil pupils acquire skills and attitudes that
rights („The principle of any sovereignty should allow the ethnic group to acquire
essentially resides in nation. No organism, power of signification of the great
no individual can exercise an authority that worldwide culture [9]. It is also necessary
does not expressly derive from this one"). to include the study of ethics, in the
By establishing the bases of the public curriculum[10] in order to facilitate for the
school, the republicans, starting from J. J. children the acceptance of the “others”.
Rousseau’s observation that the general
interest cannot be confounded with the 7. „Cultural Rights” and Democracy
sum of the particular interests, aimed at Legitimacy and democratic practices
creating the abstract citizen, destined to cannot be conceived outside the nation.
The problem is if there`s possibility for it and to develop, possibly in common with
to function on the supranational or others within a group defined through
infranational level. The reflections with shared values and traditions, his/her own
respect to the multiculturalism and to the cultural life, that should correspond to a
infranational rights, on one hand, and the cultural identity distinct from the one of
new conceptions which will be elaborated the other individuals or groups." [12]
starting from the European construction, The assertion of the particular cultural
make actual the connection between nation rights implies certain risks. In the first
and democracy. The problem of place, there is the possibility for the
acknowledging the special cultural rights individuals that belong to a certain cultural
of the ethnic groups within a nation may be group to subordinate themselves to it,
also raised in connection with the cultural sacrificing their personal liberty and the
rights of the nations in the framework of possibility to maintain relations with the
the new political entity which is intended members of other groups. According to the
to be Europe of the future. Cultural rights, principles of democracy, the individual
as well as other rights like the economic does not belong to a certain group, isolated
ones must be protected not only by the from the others; society does not consist in
state, but also through citizens associative juxtaposed groups, to whom individuals
forms, because this is the only way to belong, but in persons with multiple social
practice the citizens fundamental rights at a roles. The second risk is connected to the
higher level. [11] social integration, in the sense that it is
Modern democratic society managed to possible for the citizens to retreat within
ensure for all citizens, including foreign the community of origin, instead of
citizens, legally settled, civil, economic opening towards other groups. Moreover,
and political rights. The question which is the recognition of the cultural rights may
being raised now is how it could take into lead to different political, economic, social
consideration the claim of the „cultural rights.
rights" of the societies which are nowadays
more diversified and more open. 8. Civil Society and Citizenship
Any society is, through definition, The public space of citizenship and
multicultural, consisting in groups that political participation is not limited to the
differ from the cultural point of view. political sphere, the one in which key
According to the democratic principles, it personnel or national or international
is necessary to correlate the citizens’ civil deciders express themselves. On the one
and political equality with the observance hand, various kinds of public spaces
of their ethnic or religious particular appear, disseminated in the social space
attachments, ensuring at the same time, the (that of the civil society). These are at the
unity of society through common same time spaces of public discussion
citizenship and individual liberty. between “ordinary” citizens and
Interculturality implies the participatory spaces through associative
acknowledgement of the ,,cultural rights” life and initiative networking. It is
as being an integral part of the individual necessary to analyze the various forms of
rights. When we refer to „cultural rights" public space in order to examine the
we do not act in the intellectual sense of conditions for the emergence of a
the concept (the right to scientific European civil society. On the other hand,
knowledge, to reading etc.), but in the a trans-national civil society certainly
sense of the „individual’s rights to possess misses problems that are common to all
citizens, whatever their nationality. It is territory that is constituted and occupied by

mainly the case of technological mutations people. It is not only the historical legacy,
that affect profoundly the forms of life and the culture and the values of a given
the conditions for civic action, both at society, but also the environment, its
individual and collective level. To think resources, its aesthetic dimension which
about the conditions for the exercise of need to be considered. The complex
citizenship in a trans-national society also question of identity will thus be tackled
means to measure these common ethical through concepts (like the one of
and political problems. landscape) that concentrate historical,
As for the first point, we will start from aesthetic and sociological approaches. As
the clarification of the very concept of for the second point, we have to analyze
public space, in order to identify its places. the transformations of civil society brought
The research must focus on the social and about by the scientific and technical
political conditions (guarantee of human mutations. These mutations operate an in-
rights, effective possibilities of action etc.), depth modification of civil society and of
but also on the strictly space-related the possibilities of action that are open to
conditions (architectural, geographical, citizens. They affect to an equal extent the
urbanistic, technical) of public space. We perception and the expression of identities.
have to deal in particular with examining The technological process is manifested
the possibilities to create and practice the mainly through the computerization of the
public space in post-communist countries. society, a fact that misses a number of
These countries have emerged from a questions concerning the protection of
world where the distinction public-private private life (like practical means of
has been systematically denied and the communication, the guarantee of
values of initiative repressed. In these fundamental rights). The progress in the
countries, it is necessary to reassert the fields of biology, genetic engineering, etc.,
rules of public space and retrace the spatial puts into question the perception of
delimitations that define the action individual identities, the relation to the
framework, especially the separation line body, personal integrity, and leads to the
between private and public. At the same growing involvement of the political
time, the question is to know to what power in the fundamental issues of health,
extent the public space of concerted action reproduction, nutrition, aging. The issue of
can be freed from the profit-oriented the democratic control of this “bio-power”
communication system, dominated by is raised particularly in all the fields that
commercial media. The European are linked to the relationships between life,
integration of post-communist countries technology and political power. It is a
implies the awareness of their question common to all members of the
responsibility on the part of all those who emerging “international” civil society,
contribute to the creation of opinion especially in Europe.
(teachers, researchers, journalists, It is necessary to identify this bio-power,
politicians). This responsibility must take by analyzing the way it functions and the
into account the values of knowing and representations on which it relies. The
respecting the liberty of speech. We must questions that arise are: What does an
also analyze the relationships between organism mean nowadays and how can we
space and the construction of identities, define its physical integrity? Is one the
between the feeling of identity and the proprietor of one’s body, within which
landscape (natural. urban, industrial) as a limits, and how can the political body
decide upon legislation or the history of a understanding of the “social and cultural
body? How does an individual think and worlds” of the diverse European nations is
insert him/herself in his/her personal a necessary prerequisite for all possibilities
history, with the appearance of realities of political cooperation. This reciprocal
such as organ grafts, donations and comprehension implies joint historical and
trafficking, the techniques of assisted linguistic analyses — linguistics here
reproduction etc.? What becomes of the being considered in the sense of discourse
definition of an identity once science and analysis. On the one hand, we aim at better
technology raise the problem of the control understanding the history of Europe and its
or absence of control an individual has contemporary political reverberations. We
over one’s own body? Starting from these will resort to political history, but also to
questions, it will be possible to dwell on social and cultural history. From this
the analysis of the conditions for perspective, we will try to replace the
exercising citizenship in a society where construction and the issue of European
the question of identity is also affected by identity in the context of a theory of
the progress of science and technology. history that would take into consideration
Only this will allow us to circumscribe the both the end of the metaphysics of history
principles of ethical evaluation and the and of the plurality of historiographies
conditions for the political control of the (especially from the point of view of each
decisions pertaining to the life and the nationality). On the other hand, we aim at
integrity of the human person. examining the conditions for the
possibility of communication of the lived
9. Identities and Communication in the experiences, especially the collective ones.
Context of the European Community From this perspective, we need to focus on
The central hypothesis in the matter of the history of ideas and cultural practices.
citizenship and identities is that the issue We must examine, for example, the
of identity cannot be reduced to the reception of great authors, of new models
problem of social and cultural and concepts in Europe; we must study
determinism. This is based largely on the how the ideas have circulated and
diversity of historical experiences and transformed representations in key periods
social worlds. This diversity creates a of European history: Middle Ages,
“horizon of expectations” versus the Renaissance, Reform, Enlightenment,
European Union that varies from one Industrial Revolution, the two World Wars
country to another. The plurality of etc. The principle of such research is that
horizons and expectations and of points of there is no specific European thought, if
view is not in itself an insurmountable this concept is understood as a thought that
obstacle, as certain principles can be would be specific to Europeans in
adjusted, thus leading to consensus — at opposition to all other civilizations. What
least a partial or provisional one. exists, though, is a European practice of
Nevertheless, the diversity of historical thought, which we can circumscribe by
experiences opens up the possibility of analyzing the history of intellectual
misunderstanding. In certain cases, it can practices and the circulation of scientific,
block the whole discussion process. It can aesthetic, philosophical ideas in Europe.
render impossible the elaboration of a European identity does not rely on
common interpretation of problems, which predetermined ethno-cultural
creates a prerequisite for all collective characteristics, but on the history of these
decisions. Consequently, a reciprocal practices, the way in which the ideas and
ideals have been forged, transmitted, 8. Schnapper, D., What is Citizenship?

received and re-interpreted from a nation Polirom Publishing House, Iasi, 2001.
to another. At this point it is important to 9. Cucos, C, Education. Cultural and
mention also the role of long life learning Multicultural Dimensions, Polirom
especially in higher education. [13] Publishing House, Iasi, 2000, p. 16
10. Rogozea L, Repanovici A, Ethics and
10. Conclusions Human Behaviour, Two Topics for
In the communitarian law, which is the Medical Engineering Students, , in
core of the European Union, the principles, Education and New Educational
which are granted the same power as the Technologies, Proceedings of the 4th
communitarian treaties by some people, WSEAS/IASME International
are characterized by their active Conference on Educational
involvement in the daily communitarian Technologies, WSEAS Press, 2008,
law, in the enforcement of the norms and p. 90
competence system within the European 11. Gheorghe C., Banking Services
Union. Their role is essential to transmit a Consumer and Continuing Education
cultural pluralism respectful to the European and Internal Objective, in
traditions and basic values of Europe. Education and New Educational
Technologies, Proceedings of the 4th
References WSEAS/IASME International
Conference on Educational
1. Aristotle, Politics, Ed. Antet, Oradea, Technologies, WSEAS Press, 2008,
1999 p. 74
2. Salomea Popoviciu: Doctor's thesis: 12. Mesure S., Renaut A., Alter ego. Les
Religious Pluralism in Postmodern Paradoxes de 1'Identite Democratique,
Context, 2007. Aubier, Paris 1999, p. 261
3. Bercea, R.: Communitarian Law. 13. Repanovici A., Information
Principles. C.H. Beck Publishing Technology Implication in Student
House, Bucharest, 2007, pp. 195-196 Behaviour for Information Literacy
4. Baudouin Jean, Introduction a la Skills, in Education and New
Sociologie Politique, Ed. Du Seuil, Educational Technologies,
Paris, 1998, p.101 Proceedings of the 4th WSEAS/IASME
5. Dictionnaire Hachette, Edition 2003, International Conference on
Hachette Livre, Paris, 2003 Educational Technologies, WSEAS
6. Carpinschi A. Contemporary Political Press, 2008, p. 9
Doctrines, Moldova Publishing House, 14. Seles M., On Testing and Estimation
Iasi, 1992, pp. 150-151 in the Economic Measurement, when
7. Lijphart, A., Democracy in Plural using Item Response Models in
Societies, Polirom Publishing House, WSEAS Transactions on Business and
Iasi, 2002, p. 174 Economics, ISSN 1109-9526, issue7,
volume 5, July 2008.
COMMUNITY OF PREDEAL
≈ GENERAL DESCRIPTIVE ELEMENTS ≈
Andreea SAVA 1
Abstract: The objective of this article is to perform a general description of

the community of Predeal. The data submitted herein, together with aspects
in connection with the social problems that the community of Predeal is
confronted with will serve to outline a strategy of community development.
Key words: community, community development, census.
1. Introduction: extended surface and among whom there

As the majority of the Romanian are well defined and persistent relations of
communities of our days, the community cooperation, there succeeding thereby the
of Predeal likewise presents acute exercise of an efficient social control on
necessities of development. The census of the level of the respective group”.
the population from Predeal, performed Sandu (2005) states the fact that this one
during the summer of the year 2006, as (community) „designates a human
well as the opinion poll about the grouping characterized through an
inhabitants’ perceptions with respect to the increased probability of their members’
social problems of the town, performed value unit. Operationally speaking, the
during the same period, unveiled many of community is acknowledged through at
the problems that the inhabitants of this least one of the following three attributes:
area are confronted with and, implicitly, its members’ cultural similarity; intense
part of the their solutions and the possible interaction among the members of the
directions of development. An important group; status similarity among the
aspect as regards the success in identifying members of the group (occupation,
and implementing a strategy of education, age, localization etc.)”.
development is that the Townhall of Encyclopedia Universalis specifies the
Predeal has already been endeavouring to fact that this word, community, raises
outline this strategy, and it may be a issues that have not been solved yet. It
collaborator of great help in realizing and identifies two types of non-operational
implementing this strategy. definitions: general definitions, among
whom there is C.M. Arensberg’s
2. Theoretical Aspects: definition, for whom „communities stand
The Encyclopedia of Social for structural units of organization and
Development (2007) defines community as cultural and social transmission”. A second
„an enduring social formation, gathering a definition of this type, inspired by the
relatively small number of individuals, works of G.A. Hillery, who in 1955
with a similar cultural background and gathered 94 definitions of the community
social statuses, who inhabit a little from the Anglo-Saxon literature, takes into
1
Sava, A.: Community of Predeal ≈ General Descriptive Elements ≈ 53
account all types of possible communities: feeling” (a kind of associative unity of

„a community is a collectivity whose ideas and emotions) that results from
members are connected through a strong likeness and from shared life-experience.
feeling of participation”. In the category of Natural will predominates in Gemeinschaft
the particular definitions, we find the relationships, which are best illustrated by
definitions of rural communities. the links between mother and child,
International Encyclopedia of the Social husband and wife, and brothers and sisters.
Sciences defines community as a The predominance of rational will
„population living within the legally set characterizes Gesellschaft. In Gesellschaft
limits of a town”. There is further specified relationships, Tönnies says, „everybody is
that the term is very rarely used so as to by himself and isolated, and there exists a
describe a regular metropolitan area, a condition of tension against all others ...
commercial area or an entity defined by intrusions are regarded as hostile acts ...
other functions than the political ones. The nobody wants to grant and produce
issue of determining the borders of a anything for another individual ... all
community is unsolvable (excepting the goods are conceived to be separate, as are
arbitrary means) as it is acknowledged the their owners” (1887, p. 65). In such a
fact that decisions taken externally may society, rational will operates in terms of the
have a significant impact upon the logic of the market place. Relationships are
allotment of the values and upon important contractual; values are monetary. Profit is
private or public decisions within the the sole end of trade, and one man's gain is
community. The main preoccupation another's loss. As the merchant tries to free
enhanced in the literature with respect to himself from all relationships that might
the community power consists in outlining conflict with commerce, he becomes, as
and sharing these values and decisions. Adam Smith pointed out, an individual
Gemeinschaft und Gesellschaft who is not bound to any particular
(Community and society) country; indeed, every man becomes, in
Ferdinand Tönnies was the first to make some measure, a merchant.
explicit the nature and use of ideal types, or „In the history of the great systems of
„normal types”, as he called them. culture”, Tönnies wrote, „a period of
Stimulated by Maine as well as by Marx Gesellschaft follows a period of
and Hobbes, he developed two such types Gemeinschaft”. The latter period begins
which gave their names to his book with social relations based on family life and
Gemeinschaft und Gesellschaft (1887). on domestic economy; later, with the
Tönnies' theory and typology rest oh his development of agriculture and rural village
view of the nature of human volition, of life, there is a shift to cooperative patterns
which he distinguished two types— based on locality. Then follows the growth
Wesenwille („natural will” or „essential of town life and the mental community of
will”) and Kurwille („rational will”). The religious faith and artistry. The Gesellschaft
former refers to volition that springs from period of history opens with the growth of
an individual's temperament, character, and city life based on trade and contractual
habits. With rational will, however, the relationships. Industrialization and the
distinction between means and ends rational manipulation of capital and labor
becomes important, and volition is are accompanied by the growth of the state
dominated by thinking. and of national life. Cosmopolitan life,
Gemeinschaft cannot be accurately toward which Tonnies thought society was
translated. It refers to the „community of moving, would be based on the ultimate
expressions of rational will—science, organic solidarity. To the type of society it

informed public opinion, and control by characterized he gave no specific name,
„the republic of scholars” (International although he referred to it as
Encyclopedia of Social Sciences). „occupationally organized”.
Mechanical and organic solidarity Finally, Durkheim used the legal indices
In his book The Division of Labor in of solidarity to demonstrate that as one basis
Society (1893), Émile Durkheim of solidarity develops the other regresses. It
examined the relationship between two is always organic solidarity that wins out
facts that had already been noted by over the mechanical, he contended. The
Auguste Comte and Herbert Spencer - that evolution of society can therefore be seen
the division of labor in society was a source in terms of the passage from mechanical
of social solidarity and that primitive solidarity to organic solidarity, with
society was relatively homogeneous in „mechanical” or „organic” referring to the
character. Noting the impossibility of dominant type of solidary relationship at
observing social solidarity directly, each evolutionary stage. Durkheim saw a
Durkheim took variation in types of law as connection between this evolutionary
a symbol, or reflection, of types of process and such factors as increasing
solidarity. Maine afforded him the basis population size and density, the growth of
for further analysis in the observation cities, and improvements in communication.
that law in ancient societies was In the increasing competition resulting
characteristically penal or criminal law, from rising population density and
while civil law predominates in increasing social interaction, he found
modern society. Durkheim called the the cause of the increase in division of
first type of law „repressive” and labor.
identified it with mechanical solidarity, or Parsons' „pattern variables”
social unity based on likeness. He held that Four pattern variables constitute the basic
the moral sentiments common to all components of Talcott Parsons' system of
members of a society constitute a analysis of social action (1951, pp. 58-67;
„collective conscience”; criminal acts are 1960). The variables are „ranges which, in
those that violate the common conscience their simplest form, can be defined as polar
and call forth passionate reactions of alternatives”. In Parsonian analysis, the
vengeance. Violent punishment of the pattern variables figure as dichotomies:
offender can expiate the act because the each expresses a „dilemma” of choice
punishment protects the collective between two distinct alternatives that are
conscience of the society from further faced by the „actor” in every social
violation. situation. The nature of the variables is
In contrast to repressive law, which deals suggested by the way each relates to the
with criminal acts against society, civil law definition of behavioral expectations.
deals with relationships between special Affectivity versus affective neutrality refers
parties in society. The sanctions of civil to whether immediate self-gratification or its
law involve restitution rather than deferment is expected. Specificity versus
punishment, and such „restitutive” law diffuseness is concerned with whether the
presupposes cooperation derived from the scope of the relationship is seen as narrow,
division of labor. The associated type of like that between a clerk and customer, or
social solidarity is based on the broad and inclusive, as between spouses.
interdependence of specialized parts; using Universalism versus particularism has to do
the biological analogy, Durkheim called it with whether action is governed in terms of
generalized standards or in terms of a emphasis that differs (International

reference scheme peculiar to the actors in the Encyclopedia of Social Sciences).
relationship. Finally, the quality versus
performance dichotomy (also called 3. Description of the Community of
ascription versus achievement) is concerned Predeal
with whether the characterization of each 3.1. General Data
actor by the other is based on who or what Geographical placement
the person is or on what he can do - for Predeal,a town also known as a ski
example, on whether he has royal blood resort, is placed at the partition line
(ascription), or on whether he is a between the basins of Prahova and Timiş,
college graduate (achievement). within the pass bearing the same name. It
Classification of societies. Parsons used is the Romanian town situated at the
combinations of two of these dichotomies - highest altitude (1097 m ). Predeal resort is
universalism-particularism and ascription- at a distance of 142 km from Bucharest, on
achievement - to define four principal types DN1, at 25 km from Sinaia and at 25 km
of society. He pointed out that all societies from Braşov.
organized around kinship fall under the Surface
particularistic-ascriptive pattern. The The town-resort Predeal stretches on a
scheme, therefore, has evolutionary surface of 58,4 Km² (total internal territory
implications, as it distinguishes three social in 2000: 930 ha)
structural „types which tend to emerge Stable population: 5000 persons
when major types of cultural development (1.07.2006), 2100 families
in the literate cultures have occurred" 3.2. Climate
(Parsons 1951, p. 182). The emergent type  Climate: continental-moderate
characterized by the universalistic-  Average temperature: 14,9°C (in
achievement pattern is exemplified by the the month of August); -5,1°C (in the
most industrialized societies. Division of month of January); Annual average:
labor in such societies emphasizes the 4,9°C; annual amplitude 19,6°C
specificity and affective neutrality of  Humidity: 65%summer; 85%winter
occupational roles, which contrast with the  Predominant wind: North-West
diffuse and affective character of kin roles  Average data of the last snowing:
in primitive societies. 26th of April
If one disregards the two other possible  Average data of the first snowfall
types in favor of the universalistic- 24th of October
achievement pattern and the  Average data of the last snowfall
particularistic-ascriptive pattern, there is 21st of April
obviously a continuum between these ideal-  Average number of the days with
typical roles. In empirical terms, one snow 118/annually
extreme characterizes all primitive  Average precipitations: multi-
societies and even feudal ones, while annual average 742,2l/mp; 1255 l/ mp
heavily industrialized societies resemble in rainy years; 179,3 l/ mp in droughty
the other pole. There is a clear tendency for years
the four pattern variables to covary between 3.3. Flowing Direction of the Waters
these extremes, although all actual societies  The closest possible water course
show mixtures of the two sets of In the town-resort Predeal, there are the
characteristics. It is only the relative spring of the river Prahova and of the
brook Timiş.
The hydrologic regime of the area Timiş-  Town-resort Predeal is placed on E-60-
Predeal disposes of a well organized DN1. European and national roads:
hydrographical network with high flows E60-DN1; County roads: DJ102P.
along the whole year. The major 3.5. Population
hydrographic channels that collect the Note: The data comprised in this section
waters on the slopes are: Prahova and are obtained following the census of the
Timişul. population in Predeal organized in July-
 Flooding September 2006. The objectives of the
The water volume during the period of the research were the following:
abundant precipitations has not created ♦ identifying certain characteristics of the
problems that should have generated community of Predeal: schooling,
particular floods. The area which is occupational domains, incomes,
most affected by freshets is the valley of structure of the family, characteristics of
Poliştoaca. the dwelling and of the household
3.4. Access endowment, etc;
 Airport. Accessible airports : Otopeni, ♦ performance by the citizens of a brief
Băneasa Bucureşti – 140 Km; Tg. evaluation of the main public services,
Mures – 150 Km; Sibiu – 130 Km. of the firms and institutions supplying
 Railway: The access to the station is local public services;
ensured through connecting roads on ♦ identifying the inhabitants’ opinions with
trajectories with a maximal length of 10 respect to the main issues with which
Km. There are railway stations in the local community is confronted with,
Predeal, Timişul de Sus and Timişul de possible solutions;
Jos. ♦ identifying the inhabitants’ opinions with
 Main road respect to the tourism development
 Main roads in the town: 2 (DC 15; DJ during the last years, as well as the
102P) opinions with respect to the possible
 Length of main roads: 10,7 Km; directions for development;
Surface of main roads: 75.000 square ♦ identifying the inhabitants’ opinions
meters with respect to the different aspects of the
waste management.
zona Predeal
Malul Ursului
74.07% Timisul de Sus
Timisul de Jos
Dambul Morii
Valea Rasnoavei
Paraul Rece
5.50%
0.10%
5.40%
1.51% 5.40% 8.02%
► Categories years of birth:

Categorii ani nastere
1981-1988 13.50% 10.28%
1971-1980 19.41% 16.22%
1961-1970 17.36% 15.45%
1951-1960 19.18% 22.67%
1941-1950 14.40% 14.11%
1931-1940 11.45% 13.22%
1921-1930 4.02% 7.22%
< 1920 0.68% 0.83%
barbati femei
Birth year
Men Women
Valid 1319 1566
Number
Missing 663 416
Average 1960.12 1956.99
Median 1961.00 1957.00
Modulus 1949 1954
► Marital status:
Starea civila
separat 0.6%0.5%
in uniune libera 5.1% 4.3%
vaduv(a) 3.5% 17.8
divortat(a) 2.9% 6.1%
necasatorit(a) 23.7% 15.9%
casatorit(a) 64.3% 55.3%
barbati femei
► Schooling: -11,51% among the men and 11,26%

-26,3% among the women and 25% among among the women are secondary school
the respondents are high school graduates.
graduates with diploma. -Higher education (including non-
-27,74% among the men and 16,44% graduated faculty) have 13,95% of the men
among the women are vocational school and 13,5% of the women.
graduates / apprentices
► Categories of income:
Categorii de venit
> 3001 0.16% 0.55% femei
2001-3000 0.40% 0.88%
barbati
1501-2000 0.57% 0.99%
1401-1500 0.65% 1.43%
1301-1400 0.00% 0.22%
1201-1300 0.32% 0.77%
1101-1200 0.32% 1.99%
1001-1100 0.65% 1.43%
901-1000 1.29% 3.64%
801-900 1.37% 2.10%
701-800 4.61% 4.19%
601-700 3.40% 4.86%
501-600 5.66% 7.51%
401-500 11.08% 16.23%
301-400 27.24% 29.36%
201-300 17.78% 10.60%
101-200 9.38% 2.43%
< 100 0.97% 0.55%
nu au venit 14.15% 10.26%
Out of the categories of income higher – Average number wage earners in

than 301lei, the men’s percentage is electrical energy, gases and water 60
greater than that of the women for every – Average number wage earners in civil
category of income in part. engineering 250
The women’s percentage is higher than – Average number wage earners in
that of the men for incomes smaller than commerce 150
300 lei. – Average number wage earners in
► Commuting persons: transportation, storage, post, comm. 40
Total commuting persons: 346 – Average number wage earners in
(inclusively commuting persons within the finance, banking and insurance act. 20
locality: Predeal, Timiş, etc.). – Average number wage earners in
In Timişul de Sus, 40% among the men public administration 50
and 18,4% among the women commute. – Average number wage earners in
In Timişul de Jos, 36,4% among the men education 50
and 31,7 among the women commute. – Average number wage earners in
In Dâmbul Morii, 32,9% among the men health 20
and 31,6% among the women commute. (approx 65, with the working place in
Most of the commuting men in Predeal, different localities, including Predeal)
Timişul de Jos and Dâmbul Morii 44,5% among the men are permanent
commute to Braşov. Most of the wage earners working full time.
commuting men in Timişul de Sus 29,7% among the men are retired
commute to Predeal or to Braşov. (inclusively those who are both employers
Most of the commuting women in and employees).
Predeal, Timişul de Sus, Timişul de Jos 40,9% among the women are permanent
and Dâmbul Morii commute to Braşov. wage earners working full time
Out of a total of 346 commuting persons, 34,3% among the men are retired
men and women,195 (which is 56%) (inclusively those who are both employers
commute to Braşov. and employees).
 Structure of the labour force 3.6. Education
– Wage earners – total about 2000 Theoretical high school “Mihail
Săulescu” from Predeal has classes
for the primary, secondary, high and  Canalization

vocational cycles: 30 classes, 644 – Type system canalization: - unitary
pupils. 30%. Depuration station – capacity
Number pupils/teacher: approximately 140mc/h
13/1. – Simple total length of the canalization
Courses for adult training/available pipes: 16,9 km
programs: – Length of the streets with canalization
Distance university courses offerred by the pipes: 12,9 km
University of Bucharest. – Number of streets with canalization out
3.7. Utilities of the total streets: about 60% din 93
 Electricity: LES 6 KV - 31.488 m; streets
LEA 6 KV – 2612 m; LES 20 KV –  Telephony – Romtelecom. Level of
7765 m; LEA 20 KV – 27972 m; LEA telephonization: 80% ; Number of
0,4 KV (Classic + Tyir) – 35643 m; public telephones: 6
LES 0,4 KV – 49980 m; LEA 0,4 KV Suppliers of Internet services (ISP):
public lighting (for the separate ones) – main suppliers– Astral, XNET.
14590 m; LES 0,4 KV public lighting Internet Cafe - 2
(for the separate ones) – 11437 m; LEA 3.8. Public Sevices
110 KV – 26 km.  Police
 Water Number of employees: 1 Police section
– Sources of water: capture springs 3; with 38 employees; Number of
capture accumulation 2; subterranean vehicles: 5 motor vehicles
drilling 0; number of reservoirs: 6.  Firemen: Number employees: about 60
– Necessary water: 145,8 l/s persons within the unit, without
– Potable water introduced within the appointed military men. Number of
network: 1001 thousands mc/year, vehicles, equipment: 2 water
among whom potable water distributed machines+froth, 1 auto-ladder, 1 truck 1
to the consumers: 893 thousands aro – all with complete equipment.
mc/year  There is no public transport within the
- Potable water distributed to the locality.
consumers, recorded by the  There are Codreanu buses and
watermeters: 670,0 thousands mc microbuses which ensure the
– Type network: ramified and annular, connections towards Braşov and
Dn: 100-500 mm Bucharest.
– Total length of the simple distribution  Policlinic: 6 doctors. Ambulance
network: 58,4 Km, among whom system: 2 doctors, 10 nurses, 5 drivers,
– Length of the streets with water 1 unqualified worker; 2 motor vehicles.
distribution networks: 36,3 km The closest hospital and the closest
– Pressure: 6-10 atm maternity are at 25 km, in the city of
– Water losses in the network: about 2%; Braşov.
Breakdowns in the system: 0,14/day 3.9. Community Endowments
(maxim 1/week)  Streets: Total: 93
– Pumping stations: 2 units. Hardness of Total: 65,046 Km, among whom: 46,864
the water: 30 German grades. Km modernized; 18,182 km with simple
paving or with stones, macadam, paving References

in rough stone or in river stone
 Local newspapers: none. Local radio 1. Durkheim, Émile. [1893] (2001).
/ television: - Diviziunea muncii sociale [Division of
 Intravilan surface (ha): Total 1470,8 Social Labor]. Translation by Cristinel
(among whom: Predeal: 950,2; Timişul Pantelimon. Bucharest: Albatros
de Sus: 229,6; Timişul de Jos: 208,3; Publishing house.
2. Encyclopedia Universalis. Paris:
Pârâul Rece: 82,7).
Éditeur à Paris.
 School camps: 2 (one at Timişul de 3. International Encyclopedia of the
Sus and the other at Timişul de Jos). Social Sciences. (1972). Sills l. David
 Hotels / motels: Hotels: 22; touristic Editor. Vol. 3. London: Collier –
villas: 70; Guesthouses: 40; Macmillan Publishers.
Entertainment parks: 1. 4. Sandu, Dumitru. (2005). Dezvoltare
 Sports bases: 1 sports club with comunitară. Cercetare, practică,
national and international representation ideologie [Community Development.,
at: alpine and cross-country ski Sports Research, Practice, Ideology] Iaşi:
bases: 1 stadium, 2 sports halls. Polirom Publishing house.
 Club & and Youth club: 2 cinemas. 5. Sandu, Dumitru (coord.). (2007).
Practica dezvoltării comunitare
3.10. Structure Of Economic [Practice of Community Development]
Iaşi: Polirom Publishing house.
Development
6. Zamfir, Cătălin şi Stoica, Laura
 Organization: Townhall of the town-
(coord.). (2006). O nouă provocare:
resort of Predeal. Associations:
Dezvoltarea socială [A New
Owners’ associations: 19; Dwellers’ Challenge: Social Development] Iaşi:
associations: 7; Non-profit associations: Polirom Publishing house.
39. 7. Zamfir, Cătălin şi Ştefănescu, Simona
Total firms, with activity (la (coord.). (2007). Enciclopedia
30.06.2006): 340 (among whom: with Dezvoltării Sociale [Encyclopedia of
private capital 334; with mixed capital 6). Social Development] Bucharest:
Polirom Publishing house.
CURRENT OUTLOOK
UPON ETHNOGRAPHY
Codrina ŞANDRU1
Abstract: This paper delves into the main dimensions of ethnography today.
According to common sense, ethnography is understood as a domain that
deals with the description or with the study of humankind’s lifestyles in
different cultures. This fact is true, but not exhaustive. In order to
demonstrate this statement, this article will deal with some dimensions of the
contemporary ethnographic research field: the ethnographic study as an
instrument for becoming acquainted with the traditional events, the
ethnographic method in social sciences and a relation between ethnography
and mass-media.
Key words: ethnography, traditional events, ethnographical method,

exploratory research.
1. Ethnography – Description of specific to a certain population: which was

Peoples’ Lives the epoch’s garment, which were the main
Within everyday communication or in production means, how the events in the
mass-media, we often hear about lifecycle unfolded (baptism, wedding,
ethnography and folklore, about museums funeral) and even what happened during
of ethnography or about great leisure time.
ethnographers. In a vision specific to Etymologically, ethnography comes from
common sense, ethnography stands for a the Greek words “ethnos” / people and
field that deals with the description or with “graphein” – to describe. For a long time,
the study of mankind’s lifestyles in the terms of ethnography and ethnology
different cultures. This is true but not had undifferentiated use, with reference to
exhaustive. the study of primitive societies. However,
Ethnography is connected to folklore and after the Second World War, the two
this fact makes us think about our branches of anthropology were defined in a
ancestors’ cultural productions or about different manner. Ethnography was
those of other people who lived during pre- attributed the task to collect data and
modern times. This is why we have ethnology the task to interpret them, to the
numerous museums of ethnography. They purpose of carrying out the comparative
comprise elements of material and non- analyses among the different communities
material culture pertaining to the past, and societies.
however, unlike the museums of history, This way, “in contemporary vision,
where the main exhibits highlight ethnography stands for the first step of
outstanding events and historical cultural anthropology – which is the
personalities, in an ethnography museum empirical step of picking up the concrete
we rather find out regular life facts, data and of illustrating the enunciations
1
Faculty of Law and Sociology, Transilvania University of Brasov.
with pretension of generality” (Geană, G., manner in which they perceive the lapse of
1993). time.
Ethnographers are those professionals Older researches have shown that the
who pick up information about the culture Romanian people used as unit for
of communities, through the method of the measuring time not only the calendar time,
ethnographical survey, which implies with its multiples and submultiples, but
carrying out direct observations and also another unit: “human life” or “human
collecting the data directly from the epoch”, expressed not necessarily through
community members. The main techniques a number of years, but through indicators
used by the ethnographer are the that marked “the biological and social-
participative observation and the semi- cultural fulfillment or non-fulfillment of
structured interview. In both cases, the life: marriage, birth, children’s upbringing
collected information is audio and/or video and education, including their marriage”
recorded. (Ghinoiu, 1992).
Folklore is integrant part of the data Starting from the two fundamental
collected by the ethnographers. Folklore is dimensions of time present in Romanian
defined as “the totality of the artistic, popular culture – annual time and human
literary, musical, plastic etc. creations, of time – we will note that New Year’s Eve
the popular customs and traditions of a and death watch embody, in fact, the same
country or of a region.” (source: DEX, idea, but they are constructed, each if
1998). them, on a certain dimension of time. If
Ovidiu Densuşianu (1873-1938), New Year’s Eve means death and rebirth
Romanian linguist and folklorist, stated of annual time, death watch expresses
that „folklore has to show us how the death and rebirth of human time.
different manifestations of life reflect the In traditional culture, human being has
basic people’s soul, how this one feels and personified not only nature, but also time.
thinks either under the influence of the However, time is not absolutely seen as an
ideas, of the beliefs, of the superstitions arrow with irreversible trajectory, which
inherited from the past, or under the one of means the linear representation of time is
the impressions that the everyday not a pure one. There will be added the
occurrences arouse” (apud Pop, 2006, cyclical representation, time seen as a
p. 12) circle, undergoing the logic of a perpetual
return. Annual tine swiftly dies and is
2. Ethnographic Study – an Instrument reborn, after 365 or 366 days. Human time
for Becoming Acquainted with the dwindles and is rekindled in the rhythm of
Traditional Events the “human life”: every death is
In this part of the article, I will submit an accompanied by a birth; a man disappears
ethnographic study that I performed during but another one takes his place.
the 90-ies, with a rather weird theme in the To the purpose of illustrating the idea
scenery of the specialized literature. It is which brings together New-Year’s Eve and
about a comparison between two events death watch, we will make a short stop in
with no apparent connection: New-Year’s the space full of significations of these two
Eve and death watch. However, at a close popular manifestations, the way they
analysis, the two events have many appear within Romanian culture.
common elements. They are connected by First of all, what is New-Year’s Eve and
the people’s very belief in renewal and the what particularizes it? New-Year’s Eve is
the feast which marks the moment of a
Sandru, C.: Current Outlook upon Ethnography 63
year’s closing and of another calendar may be an escape from the everyday
year’s beginning. The Old Year is old and normative regime, an avoidance of the
dies; the New Year barely opens its eyes social control, but may also be a tentative
towards the world. On this occasion, of exceeding the borders of one’s own
people are practicing rituals for the time personality. Bearing a mask, you are
restoration. This restoration process another, anybody, real or imaginary. There
comprises a period of several days: the last are put into function important psychic
of the old year and the first of the year that mechanisms of simulation and
just begins. At midnight on the New- dissimulation, but also of identification, as
Year’s Eve, time experiences a spiritual through a mask the individual may be what
breakage, renewing itself. It is the night of he wishes to, identifying this way with the
huge energy unchaining, the night when model, with his referential which may be
the control upon behavior diminishes, divinity himself.
when, within the humans’ conception, In the manifestations of Malanca, there
supernatural forces intermingle with appear simulations of the death and rebirth
human forces creating disorder, chaos. The of some characters of significance for the
old year grew old, degraded and it will die. life of the respective community. The idea
Another year, maybe better, will rearrange that time cannot be reborn but through
what can currently no longer be chained. paying the “mythical tribute of the god’s or
Hence, the necessity of the purification his substitute’s death and resurrection”
rituals practiced during the beginning (Ghinoiu, read literary works) determines
hours and days of the New Year people to sacrifice the deity in his
(illuminations, production of noise, water zoomorphic hypostasis (masks which
sprinkling), to the main purpose of chasing represent revered animals) or phyto-
away the malefic spirits, the evil from morphic one (wheat in guise of knot-
among the people. shaped bread and cracknels).
The Romanian ethnological literature In the game of Malanca, the bear, for
deposits a great richness of the New- instance, as a mask, is a character
Year’s Eve’s practices. This is the time for undergoing this ritual. Divined during the
parties, prognostics, charms and love pre-Christian periods, the bear enrolls in
spells, this is the time for good wishing the rhythms of the annual time, dying and
and for making up calendars such as the being reborn once with this one.
one of onion sheets, in the desire of finding The game of Malanca brings into stage
out how the year to come will be. For numerous characters, occupations and
instance, in Moldavia, the custom called behaviors from everyday life, most of them
“Malanca” or “Ţurca”is still practiced. being however parodied, bantered. For
“Malanca” is a hoard of youngsters who instance, boyars are satirized as they
bear different masks, every mask having a appear dressed in ugly, dirty, poor clothes.
certain role in popular theatre plays which Other masks illustrate public or military
are played in the householders’ courtyards personalities: emperors, ministers,
or on the streets. generals. The masks cover a wide range of
The masks have a profound signification social roles, the community of the village
in the moments of temporal crucial creating for one day, only for a day, a
moments. According to Mihai Pop, the world for itself, a society in miniature, in
games with masks stand for the bringing which regular order is reversed.
forth of all tensions accumulated during During this time the decisive moment,
the year (apud Ghinoiu, 1994). The mask when the world order is affected, the
gypsies appear, the “coppersmiths”, who The manifestations that we will make
divine the future. Then there appear the reference to as follows have been kept up
most turbulent elements, the “devils”, who to our days in very few places in our
top the disorder goblet, realizing an country. They are to be found nowadays in
orgiastic picture in its true sense. certain isolated villages from Vrancea or in
“Their role is reduced to the creation and a few localities from the mountains of
maintenance of an atmosphere of Apuseni (Graur, 1971)
exuberant mirth”; “they turn somersaults, The atmosphere which emerges at the
they climb onto houses, into trees, they dead person’s house during the death
glide under the bed, they hinder the others’ watch is of an uncommon mirth and
game, they soil the girls with soot” (Jula dynamism. Everybody laughs, cracks jokes
and Mănăstireanu, 1968, page 13) or screams. The so-called “death watch
The Old Year, personified in guise of a games”are also very numerous, staging
“tired, hunch-backed and ragged old man” everyday occupations, significant events
(ibidem, page 56) speaks with the New from the community life or elements
Year, represented by a lad disguised as pertaining to the Christian religious
bride, probably a symbol of the purity, of practices.
the fertility and of the fruitfulness of the Sometimes the dead person himself is
year to come. caught into game, his movements being
Numerous other customs of the New- rendered by the participants through
Year’s Eve are to be found over the entire different supporting systems and body
Romanian cultural space. They attest for movement systems. Many of these games
the fact that, far from being a poor event, symbolically enhance the pregnancy and
the New-Year’s Eve not only connects two the sexual behaviors. These moments are
calendar years, but also millenaries of charged with significations, as they draw
spirituality, through the traditions very close life and death, love and death,
transmitted from generation to generation. dual terms, but which cannot exist one
On the other meridian of time, human without the other.
time, the ethnological literature identifies The mirth and the exuberance from the
numerous manifestations associated to the death watch reach maximum levels when
moments in which a human being departs the dead person is an old man. An
for ever from this world. It is about the explanation would be that, in the popular
manifestations specific to the death watch. conception, the deceased old man would
Death watch comprises an assembly of have a very high potential fertilizing power
rituals which unfold at the dead person’s (Ghinoiu, 1992), which means that there is
house during the nights subsequent to the an increased chance for the place of the
death up to the day of the burial. On the respective man to be soon taken in the
basis there lies the belief that the dead community by a new-born.
person does not have to be left alone for a Consequently, all this mirth from the
single moment at night, as his spirit, who death watch is justified through the
wanders round the house, is being lurked people’s belief that the life of the one who
by malefic spirits. died will be replaced by another life, of a
To this purpose, at the dead person’s child who will be born, the continuity of
house there gathers almost the entire life being this way ensured. At the New-
village, regardless of age, sex or of other Year’s Eve - as we saw – the mirth was
nature. brought forth by the birth of a new year
instead of the old and degraded one. The
death watch marks in its turn the joy of a time when there occur the most important
new life which will be born instead of the feasts of the popular calendar or of the
dead person’s closed life. Christian calendar. “Darkness, which on
The masked persons are not missing from the symbolic level is associated to the
this event, as from the New-Year’s Eve. initial chaos, stands for the frame
They bear masks which represent hideous propitious to the great transformations”
figures or heads of savage animals. (Ghinoiu, 1992). Night is the time when a
Together with the youngsters, the masked life takes the place of another one; night is
persons enter into foolish games. The the time of love, of procreation, but also of
uproar from the courtyard is covered by the Fatal Sisters who appear at a child’s
the rhythmical trampling of the steps and birth in order to unveil his destiny. During
by the unusual screams, with apotropaic the night of the New-Year’s Eve, people
character, in order to chase away the tried to enter into relation with the spirits;
demons. if during the entire year, they were afraid
The death watch is therefore the moment of them – resorting to various apotropaic
which marks the end of a unit of time: practices – now they were asking their help
“human life”. This is why “the appearance in unveiling the future (Ghinoiu, 1994).
of the masked persons at the death watch is Another common element, which we
inscribed in the same ritual of time mentioned before, is represented by the
restoration” (Ghinoiu, 1994). purification acts. The illuminations, the
In the unfolding of the New-Year’s Eve crossing over fire, even the passing of the
and of the death watch, there are many cattle through the fire, the fumigations, the
common elements. We saw that the games, water sprinkling, the noise production are
the masked persons, the party elements both met during the New-Year’s Eve, and
that may even reach orgiastic levels, and during the death watch. Likewise, all
likewise the state of mirth are present in orgiastic elements, comprehending through
both events. Beyond these ones, there are these ones all excesses which would be
other similar aspects, such as lighting a condemned during everyday life (parties,
ritual fire. drunkenness, obscene jokes etc) are,
The ritual fire appears also during the during these nights, behaviors which
death watch. In the middle of the courtyard nobody has the right to elude. Maybe here,
there is kindled a great fire, fed with fir belongs the dance where the kiss is
tree chips, the whole night, creating rendered official and compulsory, the
strange effects through the play of lights periniţa [little cushion], whose origin
and shadows. Round the fire, there dance seems to be placed in the death watch
the masked persons. This is a cathartic fire, games.
a fact proven by testimonies which attest As a conclusion, these would be a few
for the fact that, very long ago, the dead elements which allow us to make a
person himself was passed through the fire. connection between the feast of the New-
There appears here an aspect which places Year’s Eve and the custom of the death
very deep in past millenaries the origin of watch, climax moments on the thread of
the inhabitants of the Romanian land: fire annual and human time. The two events
as sacred, purifying element, which at have a particular importance as they mark
death destroys the body, anchoring crucial moments of existence. These are
nevertheless the soul into eternity. moments in which people unveil the power
Both New-Year’s Eve and death watch of their soul: the power to hope and the
unfold during the night. This is in fact the power to make their life better, which
inscribes in the cosmic rhythm, which they Italy]” The author says that this book
can nevertheless not resist. stands for an example about how a
sociological research can be carried out on
3. Ethnographic Method in Social the basis of the ethnographic method. I will
Sciences briefly submit the fundamental elements of
Nowadays, in social sciences, the content of this work:
“ethnography” means more than the - the Research Issue: how is/what means
description of some cultural elements of to die from cancer in contemporary Italy?
the various communities or peoples. On - the Study is substantiated on a personal
the methodological level, we speak about a experience, the author’s father being a
certain type of making research, about a victim of this disease. The study is focused
way of collecting and presenting data on the interactions among the social actors
specific to the social. It is about “the involved in this world which is being built
ethnographic method”, a form of around the disease and around the
qualitative research which implies cancerous person, and the method of
observing and describing the main aspects research is the ethnographic one, based on
of an object to be studied (a social unit, a direct observations upon the places,
phenomenon, a process) persons and events.
Giampietro Gobo, Italian professor of - the Basic Sentence of the Study: to die
methodology, considers that the main from cancer is a social process, in the
attributes of the ethnographic method are sense that a person “has begun dying from
the following: 1) the researcher establishes cancer from the social standpoint” ever
a direct relation with the social actors; 2) since the moment he/she found out the
living for a certain time in their natural life diagnosis and/or the moment somebody
environment; 3) to the purpose of (the doctor or another person) has known
observing and describing behaviors; 4) the patient will die in a relatively short
interacting with them and participating to time.
their everyday activities; 5) learning their - Consequences: place major, dramatic
communication codes in order to changes occur on the level of the social
understand the significance of their interactions “round the ill person” and the
actions; 6) systematically taking main elements around whom there are
“ethnographical notes” (source: structured the social relations among all
http://www.sociol.unimi.it ). those involved in this social micro-
The research of the ethnographic type universe are: therapeutic decisions (choices
may be defined as “an interpretative in connection to the treatments) and
activity in which, through the intermediary informative decisions (choices with respect
of the observation, of the in-depth to the information and to the
interviews and of other types of interviews, communication of the information with
the researchers attempt at grasping the respect to the gravity of the disease).
signification of the communication through - the main parts of the study: a) in the first
analyzing the perceptions, the shared part there is described the so-called
information and the activities of the social “mistake in the communicative process”
actors” (source: http://www-1.unipv.it) with the person sick of cancer, part of the
During the year 2004, another Italian author’s personal experience. It is about
professor, Marco Marzano, published the hiding the truth from the sick person and
work “Scene finali. Morire di cancro in about creating “frail conspiracies”, which
Italia [Final Scenes. To Die of Cancer in are however discovered by the sick person
and which are cumbersome. Therefore the method may very well be of help in
author of the book opts for the alternative collecting the information and may
of the sincerity, of communicating the complete the network analysis in
diagnosis ever since the very beginning. In interpreting the data, through collecting
the second part, there is described, on the information about the significations and
basis of the observations carried out the interpretations that the social actors
through the ethnographic method, the give to their own relationships.
professional context of an oncology
hospital, the doctors and the nurses being 4. Ethnography and Mass-Media
called by the author “the professionals of In the 80s, social research upon
death”. There are afterwards described, on mass-media targeted the identification and
the basis of interviews and of direct the measurement of the effects that the
observations, the interactions within the means of mass communication had upon
patients’ families, there being identified the public. In the framework of these
the problems and the needs of the members preoccupations, the methods resorted to
of these families. An important part of the were the surveys (that should produce
book is dedicated to describing the quantitative data about mass-media
patients’ telling. Interested in the way the consumption) and the experiments (used
patients relate themselves to the disease, for identifying and measuring the effects of
the author identified four types of “stories” the media consumption) (Dayan, D. 2007)
that reflect four types of attitude towards Many such experiments tracked the effects
cancer: the stories of “persecution” (sick that the productions with aggressive or
person as victim, disease explained non-aggressive charging had upon the
through external causes), stories of children’s behaviour. Others had as target
“restitution” (state of sickness seen as the identification of the effects of the
transitory state, the patient being subliminal stimuli upon the social
optimistic), the stories of “salvation” representations or upon the ethnic
(sufferance seen as a path towards prejudices.
salvation) and stories of “liberation” (out During the 80s, many researchers
of the social control, obligations, directed their attention towards descriptive
constraints; the sickness interpreted as approaches, trying to analyse mass-media
“gift”). within various contexts: geographic,
The ethnographic research is used, as we sociologic and historic. There began
illustrated through the study above, not consequently the description of different
only for describing the social units types of media programs and productions,
(groups, organizations, institutions, the analysis of the institutions that
communities etc) but also for obtaining produce them and the conditions of
typologies or for identifying the social reception for these productions. For
networks (Berg, 2007). instance, in Australia, during the 80s, as an
The identification of the typologies or of answer to the uncertainties or to the fear
the social types is an approach specific to produced by the globalization processes,
sociology, and the ethnographic method is mass-media granted high importance to the
of great help in this respect. As regards the cultural programs about the native
identification of the social networks, in populations, the main message being
sociology there is the Network Analysis – cultivating the respect for the customs, the
specialized on the analysis of the data of a mythologies and the rituals of these
relational nature – but the ethnographic populations.
A new theme in this field of mass-media

ethnography is represented by the media References
landscapes. They are part of the mass-
media ethnography, being placed in the 1. Berg, B.: Qualitative Research
framework of the preoccupations for Methods for the Social Sciences.
analyzing the “globalization reception”. Pearson Education, 2007.
This way, every society has its own media 2. Dayan, D.: Sociologia mass-media:
landscape, in which the media products in trecerea prin etnografie. In
circulation on the worldwide level may be Moscovici, S.; Buschini, F.,
available or not, have certain costs, are Metodologia ştiinţelor socioumane.
broadcast at hours of higher or lower Iasi. Polirom, 2007, p. 532-554.
audience etc. 3. Etzioni, A.: Societatea monocromă.
The media landscape of a society may be Iaşi. Polirom, 2002.
rich or poor, formulated in a single 4. Ghinoiu, I.: Bazele etnografiei
language or in several, of the state or române, Partea a doua. Bucureşti,
commercial, and each disposes of a certain 1992.
“configuration” of the reception of the 5. Ghinoiu, I.: Vârstele timpului.
worldwide circulation productions. Chişinău. Editura Ştiinţa, 1994.
6. Graur, T.: Jocuri de priveghi în
Conclusion Munţii Apuseni. In: Anuarul
Current ethnography does not represent
Muzeului Etnografic al
only a branch of anthropology, destined to
collect and analyze the field data about the Transilvaniei pe anii 1971 – 1973,
culture of the various peoples or Cluj-Napoca, 1973, p. 593 – 598.
communities. The concept of 7. Herseni, T.: Forme străvechi de
“ethnography” is also used in the cultură poporană românească. Cluj-
methodology of social sciences, designing Napoca. Dacia, 1977.
a special type of research of qualitative 8. Jula, N., Mănăstireanu V.: Tradiţii şi
nature. obiceiuri româneşti. Bucuresti.
This way, the ethnographical study Editura Pentru Literatură, 1968.
exceeded in comprehension the popular 9. Marzano, M.: Scene finali. Morire di
customs and the traditions, turning into an cancro in Italia. Bologna. Mulino,
independent method in sociology, or in the 2004.
communication sciences, a method used 10. Moise, I.: Confrerii carpatice de
especially in the exploratory researches or tineret: Ceata de feciori. Sibiu.
in the research approaches, which intend to Imago, 1999.
identify social types or even social 11. Nistor, F.: Măştile populare şi
networks. jocurile cu măşti din Maramureş.
Ethnography penetrated a new field, the Baia Mare, 1973.
one of the communication sciences, where 12. Tufescu, V.: Oameni din Carpaţi.
the ethnographical study supplies Bucureşti. Editura Sport – Turism,
important information which forms the 1982.
basis of the comparative analyses of the 13. http://www.sociol.unimi.it
media sceneries. 14. http://www-1.unipv.it
SOCIOLOGY AND LITERATURE;

A POSTMODERN ANALYSIS
OF THE “RĂSCOALA” NOVEL
Ştefan UNGUREAN 1
Abstract: The present study tries to sociologically explain the Romanian

society from the beginning of the XXth century, starting from the reality of a
“literary text” – Liviu Rebreanu‟s novel, “Răscoala”. Moreover, the study is
thought to be a demonstration of the way in which literature can serve not
only the Illuminist ideal of soul creation, but also the understanding of the
world.
Key words: terrorist-hostage relation, bestialisation, sovereignty,

“disinhibitory” behaviors.
1. Introduction important for it to be his own child,

One can use sociology in many areas of because the author had to actually say all I
literature, from the macro social to the had him saying. But the child was bound to
interpersonal ones, from the political to the be monstrous too because it resulted from
economical ones. The portfolio of social all sorts of shifting, slipping, dislocations
analysis contains the study of the social and hidden emissions that I really
frames in which a literary production is enjoyed.” [1]. The purpose of the present
written, distributed, read and evaluated, the paper is to force Rebreanu to give us
study of the actors from the literary sphere, arguments for the modernization of the
the centers of symbolic power, the social Romanian society from the beginning of de
networks. Social analysis can take the XXth century and we intend to “attack” the
literary text as a reference point for novel from different points of view, using
understanding the reality it reflects or multiple analysis.
anticipates, being interested not in the
aesthetics of the text, but in the logics of 3. First Analysis: the Economical
the social actions of the characters, Condition
focusing on the way in which reality is The economy is overwhelmingly
produced inside the text. agrarian. The dominant social relation is
the one between peasants and
2. Paradigm entrepreneurs, the latter being either old
The present paper analyzes Liviu landowners, or contractors that live and
Rebreanu’s novel “Răscoala” from activate in the urban environment. As the
Deleuze’s point of view – as an act of rate of the urban population not involved
sodomy, taking an author from behind, in agriculture is small, we can define the
giving him a child “that would be his situation as “a path-dependency”,
offspring, yet monstrous. It was really dependency on which an entire social
1
Law and Sociology Faculty, Transilvania University of Braşov.
scaffolding was built and it still functions. As there were no non-agricultural

In such situations, any damage of the alternatives , the peasant could not escape
dependency system can easily block the the “captive beast” condition nor could he
entire society. protest. The way the machinery was built,
The economy functions by coupling it did not have emergency solutions; it did
capital and work. In the Romanian society not have the elements that could make it
at the beginning of the XXth century capable of grasping the dysfunctions and
capital is exclusively an urban product, produce changes. And because “the beast”
such as work is dominantly rural. In this has no soul, the machinery bases neither on
context, from the first time and in the first the peasants’ soul, nor on the agreement
pages of the book we can see that the the soul would give inside domination, but
author raises the question of “Union”, seen on the control of his body. The dominator-
from the eyes of a finance man from dominated relation is one of submission,
Bucharest as “the conquest of not of “obedience”, as Rousseau stated, of
Transylvania”. This is the sign that tells us volunteer agreement. This machinery
that Rebreanu uses the analysis of the 1907 functions as long as the power controls the
rebellion as a social radiography offered to peasant’s body. If the peasant “recovers”
the Transylvanians as a way of his soul and wins the battle he fights with
understanding this society and, by the entrepreneur over the control of his
derivation, of the consequences of the act own body, then the entire economic
from December 1, 1918. mechanism catches the flu, and the entire
The agriculture was based on the “society” is in danger. In 1907, getting out
arrangement between the entrepreneurs of the “beast” state and the desire of the
and the peasant, a mutual agreement. The majority of the population for a human
system was built on a cycle: starvation – existence determined a disorder in the
work – threat with starvation. Because the social life. It is hard to believe that the
peasant was starving at the end of the Transylvanian reader would not be
winter, he had to accept all the conditions shocked with this reality just ten years
the entrepreneur had in the agreement, before the Union, he who was living in a
conditions that threatened the peasant with different life equation.
starvation the next winter but forced him to This machinery is not perfect. It has two
rapidly begin working the fields. To sum it safety valves. The first one is the
up, work produced starvation. Agriculture possibility of re-negotiating the frame-
and even society depended on this process contract with the peasant on the “terrorist”
of “bestialisation” of the peasant and on position. It’s the case of the emergencies in
the constant threat to his being, the only the field work when, due to weather, the
concern being that the “beast” to become entrepreneur is at the hand of the peasant.
hostage, a “tamed beast”, incapable of The solution for the peasant’s blackmail is
escaping the social park it was imposed to. threatening with the import of workforce
History is written here differently: we can from Transylvania. As well as the idea of
talk about the biology-social dyad meant “occupation”, this couldn’t be pleasant for
not to get the men out from the “animal” the Transylvanian reader. The second
condition, for him to overcome his nature valve is stealing. If in the first case we talk
condition, but to fix the nature condition about a public exposure of the positions
into the social one using the and also a negotiation; in the second case,
economical-social-political mechanism. “the renegotiation” is outside the
communication rules. Theft is, in fact, a
Ungurean, Şt.: Sociology and Literature; a Postmodern Analysis of the “Răscoala” Novel 71
sort of communication in absence, sending balance sheet. The 1907 Rebellion is

messages with an anonymous transmitter, a strongly connected to a management error,
unilateral communication. Blackmail and giving the politicization of bookkeeping.
theft have in common the fact that peasants Why is this important? Both the slave
understand that their social relations are, in system and the feudal one were based on
fact, social reports, and meaning de- the labor force monopoly, on threat; both
coupling and coupling between the same of them collapsed because of the
actors, based on the “force’s” logic of the surveillance costs. The Romanian society
moment. had, in 1907, all the characteristics of a
This characteristic of the economic feudal society, the only difference being
phenomenon has a double moral meaning. that the state was surveying work which
The first one expresses the clear break led to minimizing the peasants’ problem.
between the economic and ethic axes. The political aspect is seen as a sequel of
Economy functioned only if the peasants’ the war with more or less pacifist means.
life was permanently under threat. Theft Obviously, such a state is a weak and
meant partial salvation, thus deviant acts endangered one, giving the fact that it
were emptied of their immoral content and devours its resources on internal control.
could not be sanctioned. When people are Besides, the gendarme’s future, his
forced to do actions with no moral content professional and, implicitly, his human
we find ourselves in a situation of anomy. condition depend on the way the
If an onerous contract, imposed by making landowner Iuga sees the situation, given
the other incapable to negotiate, is the direct relation the two of them have
answered with theft, how immoral is this with the ministry of interior. The
behavior? Trifon Guju: “is still our government is not equidistant in its relation
work!” In other words, one can find truth with the political subjects; it represents an
in work, not in law. Theft is historically enterprise owned by the political subject
justified: “as if one has not been stealing capable of imposing the economic
since the beginning of the world”, is a contract, as it results from the way in
tradition legitimated habitus, a sign of which the ministry official reacts to the
unquestionable validity. An immoral peasants’ complains: “be calm, people,
contractor, a peasant brought to incapacity listen to the landowners and work! Work
to be a moral subject, and a historically hard and don‟t listen to bad advice! You
anomic society, these are the are the foundation of our country…” and
characteristics of the beginning of the last then, he responds: “hold your tongue, or
century. else I‟ll send you to the police where
Which is the answer to theft? In the they‟ll beat you, you miserable!”. The
absence of a moral code, the answer cannot social conflict between the peasants and
be but institutional. The investigation is the contractors becomes a conflict between
carried out by a gendarme that uses in his the former and the government; hence, the
action the local administration apparatus - problem of “sovereignty” is raised; so the
the mayor, which has to go and see how legitimacy of sending to death the one that
much was stolen “but don‟t take it so easy, infringes upon sovereignty is just one step
uncle Ionuţ! said the sergeant! „Cause then away. As peasants cannot be charged with
you‟ll be in trouble, I tell you” [2]. treason, they are considered “only” “state
Therefore, the costs for social control in enemies”[3], enemies seen not as people,
the private sphere are paid by the state; as but as “beasts” without control. As
such, the contractor cannot see them in his “enemies”, they can be killed, as “beasts”
they do not have the right to a proper technology. Identity meant also working
funeral. We presume that for Rebreanu the the field with the peasants and assuming
resemblance with the way that the 1784 responsibility for peasants by “spending”
Transylvanian rebellion was suppressed in this case, schooling costs. The
was more than obvious. landowner wants to represent a sort of
What would have been the solution to pastoral power[4],; he wants to care for
the agrarian problem? For a better each and every “sheep”; this is one of the
understanding of this problem, we will use symbolic sources of the peasant’s
the factors of production concept and will “bestialisation” mechanism. This is how
project a ox-oy system, where 0x is the the dominant relationships interweave with
variable capital (manual labor) and 0y, the the communitarian and solidarity ones.
constant capital (equipment), and a profit Not fortuitously the death of Miron Iuga,
curve. When the point shifts on the curve the landowner, is described as an accident,
on the 0x, this means that the profit is a moment of great emotional confusion.
based on the intense use of the human Each and every gain a landowner or a
resources, and when it shifts on the 0y, this leaseholder had was a result of peasants’
means that the profit is based on intense loss, and any idea of peasants’ life
use of the constant capital. The present improvement was seen as a threat to the
situation indicates the place of the profit landowners and leaseholders’ welfare. The
point very close to the 0x ax, meaning that structure of relationships generates the
profit comes from intense use of human perception of the actors and vice versa, and
resource. As Marx theory states, a high they are in conflict in both cases. At the
profit rate is obtained when surplus value level of representation, we see a
is high and when the constant capital value malthussian vision: “people multiply, but
is low. Why is this happening? The high lend does not stretch like jelly” and
cereal export demand, the low costs of another one, about the deadlock in solving
manual labor due to the monopoly the problem: “if people had their own
obtained from the agreement system, the piece of land, who would work the
blocking of cereal imports and, moreover, landowners‟ one!”. In conclusion, we will
the elusion of workforce surveillance and say that, independent of the proportions of
control costs are just a few of the factors the wealth, the dominant relation –
that can explain this situation. Because the “terrorist-hostage” – is a zero sum game,
contractors did not invest in industry, this both at the level of mechanism and
didn’t develop, so it didn’t demand rural representation; this can explain the
workforce, which determined the perception of the inevitable, a social
monopoly on human resources but also a conflict with a “win/lose” solution. It is
low demand of agricultural products on the obvious that, on this ground, the social
internal market; so, the export dependency order is precarious.
induced a permanent “threat”. Hence, the Wealth is not meant to produce “public
association between an internal threat and good” or social solidarity generated by
an external one was one step away. “spending”; wealth will rather associate
The status-quo was maintained also with the idea of sufferance induced to the
because of psychological reasons. The other major social group. Can we see now
traditional landowner, Miron Iuga in the another example of genealogy, the one of
novel, belonged to a world that “popular opposition” towards wealth and
confounded land with identity and that aesthetics, capable of explaining the social
considered that identity meant avoiding
attachment to the proletcultist politics that solutions for the agrarian problem, the
will flourish half a century later? rural world complicates the situation.
“Răscoala” describes how collective Hence, the consequences: first, the absence
“disinhibitory” behaviors form and of a political will able to define itself
develop. It has a lot of happenings that through autonomic interests as against
carry the same reason, the “radical agriculture; one of the characters in the
contingency” one, the one of the chance novel says that the opposition is
that cannot be missed. The material and represented by pensioners and clerks,
symbolic expression of disinhibation is exactly the ones that were independent of
fire. Burning “beauty” and wealth means agriculture, hence the logical implication:
the transformation of the peasant from “as a matter of fact, clersk and pensioners
“beast” to human. The burning of the are the pillars of our bourgeoisie. That‟s
mansions brings “the former man”, the why they imagine that the state has to take
contractor, in the state of a scared, hunted care only of them and that everything
animal. “The sovereign power”, based on belongs to them.” The phanariot era also
the controller’s body capacity to move, used the state as a source of personal
disappears in fire. When peasants burn the enrichment. The XXth century continues
crops they actually announce their new this tradition – private property is built
state of the soul. And when they burn the upon resources obtained through public
mansions, they try to nullify the property control. In this reality we can see
landowners and contractors’ right to a that a new one is borne, the one of property
place in the rural space. Purification of the transfer, the one of changing old
place means, in fact, destroying the landowners with Romanian, Greek, Jewish
“terrorist-hostage” relation and radically contractors, the one of old landowners’
changing the social game. Through sons (which discover the joy of urban life
“Rascoala”, Rebreanu tells the and to which property means law) selling
Transylvanians that The Union meant their properties to the contractors, to whom
entering a feudal world. property means work, economy,
efficiency, in a lockean way. This is the
4. Second Analysis: the Urban-Rural mechanism in which property is
Relation transferred from an owner to another one.
The city is the place of public servants, Popescu-Ciocoiul says about the contractor
intellectuals, press, politics, but not of the who forces out his master from his own
industry. The city dominates, thanks to the land: “you can see how well he worked the
financial mechanism, the rural world. The land if he managed to get his master out of
landowner, Miron Iuga, says: “there are his own house and to settle himself here –
the masters of the cities that exploit us as but the owner might have deserved it, I had
they want”; “they couldn‟t subjugate us never seen him around the estate.” The
neither through their banks, nor through capitalist rationality is closer and closer.
their credits and their industry. It‟s only us Secondly, if the government depends on
who resist them”. Otherwise, the lawyer the city’s financial capital, the city depends
Baloteanu, the future prefect, in charge on the agrarian production. The urban
with the repression of the rebellion, is inhabitants cannot project their interests
accused by the young Iuga, the son of the into a new possible situation; hence,
landowner, that by buying the land he change cannot be but difficult. Agriculture
stopped the peasants from buying the and peasants’ condition represented
estate! In other words, instead of finding political debate themes, so that the
opposition, although critical towards the immorality of the peasants, complete and
government, is caught in the same sustain themselves reciprocally in using
economic gearing. Hence, two violence against them. It’s easy to
consequences: on the one hand, understand why we will not find this in the
democracy, as alternative, did not exist, on speech of the political and economic elite.
the other, the inconsistency between words Language cannot be the home of the being;
and practice seemed natural. Language in fact is the prison of what is left of the
becomes the expression of duplicity, and being, and the violence against it. As a
duplicity is seen as normal. The significant matter of fact, community did not exist;
distance between the exposed culture and there was just a conglomerate of
the real one is also considered natural. The sub-worlds in a contiguity relation, a
power tries to enforce truth using the spatial proximity and a psychological-
language. affective distance.
Giving this reality of the language
5. Third Analysis: the Problem of defined as a dominator-dominant relation,
Speech Rebreanu brings in the novel the speech of
The dominant speech is a derivation of the one that can be free [5], the
the romantic spirit in which peasants minoritarian, in his ethnic-social state. The
represent “the pillar of the country”. first example: Misu, the worker, with
Domination and social conflict are communist convictions, who has the
disguised under a “Tönnies” ideological courage to speak about the class injustice:
veil, under the community idea, under the “in other parts of the world people fight
supremacy of common good over private against it, fret about it, scream, but us, we
interests, so that any attempt of unveiling see it as normal”. The second example is
can be considered an attempt to the interest the journalist Rosu, who saves his freedom
of the state. Another definition of the using a game of simulation in the public
peasant, still a part of the dominant speech, sphere and one of authenticity, in his
is the one that comes from the situation in private space. The last example is the one
which he was seen as a “terrorist”, making of the Transylvanian Titus Herdelea, who
him double-faced, immoral. The contractor can open doors because he carries the signs
Ilie Rogojinariu says: “you talking like that of the national ideal, because he has no
means that you don‟t know the real interests in the given situation, being both
Romanian peasant! Or it means that you inside and outside, at the same time, free
know him from books and from speeches, and oppressed, foreign and “of ours”.
and this is sadder, because it means that Rebreanu announces the entering in
you imagine him as a martyr when, in fact, modernity using the urban social conflict,
he is only bad, stupid and lazy” and he the ideology and the idea of nation.
argues: “but I swear: God forbid if you
need the peasant, because that is the 6. The Question of the Body
moment when the peasant fights you, We said earlier that one of the social
when you need him the most!” . Nadina machinery wheels is the couple between
thinks that peasants are “wild and mean” body and soul, both at the level of peasants
and the old landowner Miron Iuga “had and of the elite. In the first case, escaping
for the first time the impression that these the dominance mechanism was related to
people, which he always considered the peasant’s ability to control his body
faithful, are hostile to him in their hearts”. using his soul. The body-soul relation is
These two themes, the legality and the connected with the love-family dyad. The
absence of property and the absence of (deleuzian concept), emptied body which,
autonomy drive the young into a strategic mirrored, offers confirmations,
game, with great existential dilemmas, a omnipresent body, multiplied in its truth.
game of rationality, played by the girl, and The mirror is the one that, a hundred years
a game of affectivity, played by the boy. later, will be a current architectural and
The young girl had to choose: she could urban fact, the big companies’ mirror
either get married at the moment that she walls, mostly banks.
controlled the situation, meaning before The second truth structure that Nadina
the boy’s enrolment, exposing herself to a procures it’s the photo that will make Petre
risk – the boy being injured in the army Petre go mad in the scene that comes after
and leaving all the hard work on her the rape and that will make him burn the
shoulders, or she could wait, but then the place, in a saving effort, through memory,
risk was she could lose her seduction of his feelings’ uniqueness. But the photo
monopole, because the boy, freshly announces exactly the opposite: “almost
discharged and mature, could make naked, fallen over a bearskin, with her arm
another choice. The boy was rather resting on the beast‟s head, her small
tempted to get married, driven by “desire” breast seemed stone-still in a voluptuous
(“her hot mouth that promised him the spasm and her warm hips frolic, while her
joy”), which gave him the lower hand in entire being smiled with a virginal false
the relation, but he was still wiling to cando.” The public impudicity, eternalized
accept the position because he wanted to in the photo, multipliable, announces the
avoid the possibility to be forgotten or upcoming vulgarity, as Simmel says, the
“she become in love with another” thus his repetition of a behavior valuable in his
desire remaining unsatisfied. uniqueness but degradable by repeating,
At the other social pole we can talk about and all of these talk about the same
the triad desire-pleasure-erotism, which is mechanical assemblage of the financial
not exclusively masculine and agrarian; the capital, of the consumption, of the desire-
character that best illustrates the theme is pleasure machine, of the space that can be
Nadina, “the urban-woman”. Messenger of quickly occupied thanks to the new “war
the future - meaning capital shifting, machine” – the automobile, the expression
producer becoming consumer, and distance of an exacerbated body looking for
annulment looking for a favorable adventure, in the same meaning Simmel
comeback rate - Nadina is the gave it, as pure, never-ending living, trying
impersonation of pure desire, as to escape everyday life.
Baudrillard says “the quality of any body The killing of the main female character
that rotates around its own self until it is preceded by rape, rape as the suspension
loses its meaning and then shines in its of death and death generating conflict, as a
pure and void form.” [6]. Rebreanu way of possession of the body that
describes her: “as a matter of fact, she had “escapes”, as a meeting place of the
love feelings only for herself, she “desinhibited”, as a sign of change. Killing
considered she deserved anything, she means suspension, means trying to make
didn‟t refuse herself anything [...] She used this reality, with so much virtues,
to go around naked in her apartment all disappear, means trying to stop the
morning, so that she could admire herself becoming, the speed, hence the peasants’
freely.” We have here the description of destroying the automobile, means settling
the extatic idea of the emptied, self- things in the land reality as a unique and
sufficient body, “the body without organs” independent god. For the moment, the
photo, the information visually captured the way the social conflict is solved, Titus
and capable of reproduction will not Herdelea will still shake hands, at the
engage yet with the automobile as a war funeral feast, over the table, as a sign of
machine capable to occupy any space. conciliation, with the soldier that led the
Their concubinage will give birth to an suppression, as a sign of submitting values
“uncontrollable child” – television – the to force. As Sloterdick argued, we can say
disinhibator itself, the magician that will that this novel is a confession letter that
create the illusion of eternity, and will take Rebreanu sends to his Transylvanian
vulgarity beyond its limits, in friends from the future, a sort of “mea
pornography. culpa” in which the author admits the fact
But Nadina’s photo brings into that he could have read the implications of
discussion another element – the hunting: The Union if he had analyzed more
“on a bearskin, with her arm resting on carefully the 1907 episode. At the same
the beast‟s head”; the dead bear and the time, the novel is an impulse for us not to
woman-desire, targets of the same lose faith: the young landowner Grigore
obsession or, as Marx announces it, man’s Iuga marries Olga Predeleanu, a more
domination over nature is man’s temperate and well-balanced Nadina, the
domination over man and vice versa and two of them leaving by train, not by car;
the first act of domination is man’s over the train symbolizes controlled movement,
woman during sexual intercourse. Hunting is a symbol of solid modernity –
is one of the first moments in the process characterized by the fact that space is more
of labor division and hunting and erotism important that time, telling us that things
have a secret relation. In the photo, will change, slowly and under control,
disinhibation is a unique fact that sometimes with high costs.
announces the force of the great erotic-
industrial-commercial future disinhibation References
based on sexual relation and on man’s rape
over nature. 1. Deleuze, G.: Tratative. Cluj-Napoca,
Idea Design&Print, 2005, p.7.
7. Epilog 2. Rebreanu, L.: Răscoala, Bucureşti,
The novel reveals its true meaning in the Eminescu, 1981.
epilog. We witness the suppressing of the 3. Derrida, J, Roudinesco, E: Întrebări
rebellion; hence we witness the triumph of despre ziua de mâine.Psihanaliză
the discipline and inhibition mechanism. deconstrucţie.convorbiri. Bucureşti,
Death cancels the temporary victory of Editura Trei, pp.121-122.
disinhibation. We can see the interference 4. Foucault, M. Lumea este un mare azil,
of the disciplinary force into the sacred- Cluj-Napoca, Idea Design&Print,
profane relation; the (military) force 2005, pp. 76-84.
defines what is sacred and what is profane, 5. Deleuze.G. ,Guattari, F.Kafka-Pentru
tells who should live or die. We can also o literature minoră,Bucureşti, Art,
understand the way in which Rebreanu 2007, p.46.
suggests we read the national problem. 6. Baudrillard, J. Paroxistul indiferent
Coming from Transylvania, horrified by Cluj-Napoca, IdeaDesign&Print, 2001.
PSIHOLOGY AND
PEDAGOGY
CONCEPTUALIZATION, COGNITIVE
PROCESS BETWEEN IMAGE AND WORD
Aurel Ion CLINCIU1
Abstract: The study explores the process of constituting and organizing the
system of concepts. After a comparative analysis of image and concept,
conceptualization is reconsidered through raising for discussion the relations
of concept with image in general and with self-image mirrored in body
schema in particular. Taking into consideration the notion of mental space,
there is developed an articulated perspective on conceptualization which has
the images of mental space at one pole and the categories of language and
operations of thinking at the other pole. There are explored the explicative
possibilities of the notion of Tversky’s diagrammatic space as an element
which is necessary to understand the genesis of graphic behaviour and to
define a new construct, graphic intelligence.
Key words: conceptualization, mental images, body schema, diagrammatic

space, graphic intelligence.
1. Considerations on the Concept-Image Some of the fundamental features of

Relation concepts must be mentioned here as basic
The basic unit of thinking is the concept postulates of our approach, in order to
and its fundamental activity is subsequently develop the idea of visual-
conceptualization which represents “the spatial conceptualization. Thus: concepts
process of organizing concepts” [1]. The simultaneously involve informational level
remarkable power of human intelligence and operational level, namely memory and
results from the fact that essentially it is a thinking. Concepts have a strong
mechanism of getting into relations: the operational nature, involving both
content of concepts with reality, some correlative operations (analysis-synthesis,
concepts with others, and all of them with abstractedness-generalization), comparison
the formal exigencies of logics. Therefore, and logical concretization. Concepts are
we can state that the articulation of the the outcome of the differentiation and
basic units of thinking subjects to a triple integration process [2]. Concepts are
system of constraints: of language correlative, they exist only ones through
(observing the syntactic-morphologic rules others and define themselves only ones
of generating valid enunciations), of logics through referring to the others. Concepts
(observing the rules of producing valid tend towards a systemic-hierarchical
enunciations) and of reality (observing organization (pyramid of concepts), the
congruency with reality and thus relations between them being of
verifiability of abstract enunciations in the ordination, subordination and super-
real plan). ordination. Concepts have a dynamic and
1
Department of Psychology, Faculty of Psychology and Sciences of Education, Transilvania University of
Braşov.
evolutionistic nature. The evolutionistic with concepts which belong to an

nature of concepts results from the fact that intelligence that is preponderantly explicit,
they are permanently open units of they are abstract and superior as
thinking. Concepts have a sphere and a instrumental value. The image-concept
content, their defining assuming the relation is equivalent to the fundamental-
specification of proximal gender and superior relation in philosophy. If, through
specific difference, namely the process of conceptualization, thinking summarizes
determining the sphere and content. Mental itself and shapes itself in the language
operations are initially external operations, frameworks in order to be useful for
which are internalized by exercising and settling and communicating its results, and
settled in mental schemata [12]. to efficiently act upon reality as well, the
In the tradition of classic psychology, the function of mental images offers concrete
concept or notion constitutes the element support to psychic life and gives inner
that links thinking with language coherence to the subjective world.
(Rubinstein), the beneficiary of the In accordance with Freud [7], images are
conceptualization process – the basic products of an unconscious thinking,
activity of thinking – being the language. therefore they bear the sign of personal
Moreover, the most eloquent expression of subjectivity but they can also be products
the degree concerning the development of of human species‟ functioning as an
somebody‟s verbal intelligence is firstly entirety like archetypes [9]. In their quality
given by his or her capacity of defining of products of unconscious mind, they are
concepts, the tests of definitions included always empowered with a quantity of
in the classic batteries of intelligence being affect, their role being not that of
the most saturated in g factor. communicating but of obscuring the
The present study proposes to approach significances which the unconscious mind
conceptualization from another angle, disguises under the form of the images
emphasizing less its relations with word appeared in the nocturnal or diurnal
and language and more with mental dreaming, appealing to the mechanisms of
images, “a ubiquitous presence of our unconscious symbolism. Moreover, images
psychic life” [11]. From our point of view are present in the infrahuman world, too,
concepts are at one of the poles of as an expression of unconscious thinking
thinking, at the other pole being mental or implicit thinking.
images. In their quality of linguistic In terms of cognitive psychology, mental
representations, concepts are the smallest representations are the product of
meaning units of thinking that can be descending processing (appeared
aggregated by using adequate linking secondarily as a result of activating the
elements, in super-ordination structures database), being cognitively penetrable. In
(clauses, sentences, discourses) which psychoanalytical terms they are affectively
convey knowledge and have value of truth. penetrable because in image the affective
Oppositely, mental images can be and the cognitive coexist, the image
indefinitely decomposed without reaching offering, through the process of
a last meaning unit, they do not have symbolizing, a satisfaction which is
linking elements between parts and do not substitutive for the dissatisfied desires in
have value of truth, consequently they do the real plan. That is why mental images
not convey knowledge [5]. They belong to have simultaneously a role of knowledge
an intelligence that is preponderantly but also of unconscious purgation of
implicit, concrete and basic, in contrast undesirable impulses and thus of
Clinciu, A. I.: Conceptualization, Cognitive Process between Image and Word 81
preserving the unity and coherence of the being made in accordance with levels of
person with itself. The mental image is generality, which is a fact that is also
little differentiated, syncretistic and archaic found in the theory of semantic networks
as the cognitive and the affective are of Collins & Quillian [ap. 11]. Vygotsky
amalgamated in it. The way in which overvalued the role of word in this process
dream operates is centred preponderantly because he considered it the key element in
on image because – being independent notions forming.
from the constraints of the rules generating In his turn, Galperin moved the weight
logical enunciations and also the constrains centre of concepts forming from word to
of reality (among which the most severe is action. For him, action, image and
the one of verifiability) – it has an orientation in task are the elements that are
unlimited combinatorial freedom. Images capable of explaining the process of
reading is analogical, holistic and closer to conceptualization Collins & Quillian led
intuition rather than logical thinking. the process of notions forming at infra-
Through its syncretism, the image is closer verbal level because each time thinking
to creativity than to logical thinking. This remakes the synthesis of the defining
is one of the reasons for which Jung [9] characteristics of the concept, displayed at
considers the unconscious, in its quality of various levels, in accordance with their
images keeper, an “incomparable guide” in degree of generality. Miclea appreciates
terms of creativity. that the model of semantic networks is
The semantic contents do not exclude available only for the knowledge
image and based on the above affirmation belonging to well structured fields which
we mention the fact that a little child are neutral from the affective point of
comes to understand a significant situation view. The affectively coloured knowledge
even before having the concepts or does not organize in accordance with
representations that are adequate to the purely semantic relations, but they are
respective situation. This means that the structured all around some “emotional
elementary forms of intelligence get ahead knots”, being closer to image and
of the symbolical function [12]. affectivity rather than concept.
To sum up, we can make the following
2. Visual-Spatial Conceptualization synthetic considerations: conceptualization
“The most characteristic element of is not exclusively imagistic-figural or
man‟s intelligent behaviour is his aptitude verbal because image and word find, in
of developing and integrating concepts”, variable proportions, in the structure of any
Delay and Pichot state [4]. For these concept. The empirical concepts are closer
authors there is no clear distinction to the holistic and undifferentiated unit of
between the genesis of intelligence and the image, the scientific ones progressively
one of organizing concepts in a coherent decant from the intuitive elements and
system through the activity of from those of image, becoming “purer and
conceptualization. If Galton proposed a purer”, as they are more abstract.
model of notions forming which is In the absence of verbal language (at the
preponderantly grounded on images, the ages of small childhood or at the deaf-
notions being a kind of collective mute) conceptualization remains
photography which would result from preponderantly visual-kinesthetic,
images superposition, Vygotsky abstracting being strongly quartered in
emphasized the integrating verbal nature of figural and image. The relation of
concepts, their organization on the vertical complementary between image and word
is equivalent to the relation implicit similarly neither does the terminological

intelligence – explicit intelligence. couple explicit intelligence – implicit
A theory of intelligence, conceived as an intelligence. In each word there is a
activity of forming and organizing variable border, whose limits are hard to
concepts, will have to start from the first mark, between denotation and connotation
image which is the one of the own body that produces effects of meaning
through the body schema [14]. Due to the reverberation which the poet or the man of
fact that image gets ahead of word and letters uses deliberately. Through
understanding ahead of its linguistic metaphor, metonymy or synecdoche he
expression, the process of the Self produces artistic images. In its turn, the
incarnation and building the body schema, mental image becomes explicit and gains
the first co-ordinations in action on the the full attributes of the concept when it is
horizontal (between pair-organs such as empowered with the schemata, operations
eyes, ears or hands), or on the vertical and way of producing of the latter.
(between perceptive organs and effectory- Geometrical representations stand for the
motor in integrate actions) are at the basis ideal case in which image fully expresses
of intelligence building [12]. the attributes of concept. This occurs
The first cognitive crystallizations due to because they have explicitly integrated in
conceptualization are rather libidinously their own structure elements that were
invested images [7] or “emotional- initially implicit (symmetry, proportion,
affective knots”. Thus the emotional geometric place, etc.) [6], [13].
intelligence (understood in psycho-
analytical sense as a capacity of the Self to 3. Primordiality of Space in the Genesis
manage the unconscious conflicts and to of Cognitive Structure. Mental Space
bring the principle of pleasure into accord As genesis, image is obviously closer to
with the principle of reality) gets ahead of the spatial framework than the temporal
the cognitive-rational one. At the one, while concept, which is so tightly
beginning of the process of concepts bound to the discourse structure of
building, therefore of intelligence, there language, is carried out rather within a
was not the action (as the representatives temporal framework. As Predescu &
of the active school claim), but the own Ionescu showed [8], almost all psychic
body which, being involved in carrying out diseases are preponderantly diseases of
activities, was the starting point of the first time and less of space, because the latter is
image (the self-image through the body perceived as being concrete, perceptible,
schema). controllable and reversible while time is
The man‟s first language does not refer immaterial, uncontrollable, irreversible and
to word, it is the emotional and mime- anxiety generator.
gesture language which, as Ribot showed, Because images are anterior to concepts
is the last to disappear. The child‟s first and intelligence for space precedes the one
“reading book” is his or her mother‟s face relating to temporality, the first of images
because this is the place where the first being that of the own body [14], the
affective meanings emerge. Prosopagnosia external space is more quickly interiorized
(the inability to recognize familiar faces) is and turned into mental space. We
an important indicator concerning the summarize below some of Tversky„s
severity of some types of neurological conclusions about mental space, which are
disorders. The image-concept dichotomy very useful with regard to the purpose of
does not have to be generalized and the present study. Thus, although it has a
Clinciu, A. I.: Conceptualization, Cognitive Process between Image and Word 83
multitude of similarities with linguistic space, namely the two-dimensional space

knowledge, space knowledge does not of the sheet of paper. This is a space of an
reduce itself to that (“speaking in overwhelming importance for the entire
evolutionistic terms, space knowledge period of time which marked man‟s jump,
precedes language knowledge” [15]. Both through writing, from prehistory to history.
of them are, in variable proportions, The diagrammatic space can equally refer
explicit and implicit, having a lot of to the plates of burnt clay belonging to the
cerebral locations. Both are the result of cuneiform writing or to the papyrus leaves
differentiation and integration that produce belonging to the hieroglyphic writing.
the co-ordination of the characteristic Once the alphabet was invented by Greeks
elements in a hierarchical structure. The during the Socratic period, this space
mental space does not reduce itself only to became a two-dimensional one. This fact
images because they refer rather to the have been generalized on a mass scale
memory of objects, while the spatial after the appearance of the printing art and
memory aims at the relations between Gutenberg era [10].
objects. Therefore, it supposes a The space of the sheet of paper is
structuring through integration. The mental vectored just like the space around the
language and space are the result of some body, but its essential component for the
various forms of conceptualization: “the western culture is the horizontality and
conception of space is often schematic, secondarily its verticality. The perceptive
simplified and categorical [15]. pointing to a sheet of paper or a
Space organization has in view three photography lays stress upon the
systems of reference, successively importance of the upper left corner and
integrated, which are the dietic one exploration from left to right. To control
(centred on the own person), the this special type of space means whole
allocentric one (centred on the object) and years of exercising, the fundamental
the one which is centred on the elements for its taking into possession
environment. The space memory being infantile graphicness (drawing),
prioritizes the memory of places that has followed by the most refined and
characteristics which no other form of intellectualized human motor behaviour
memory shares, its organizing being which is writing. Moreover, as graphology
fundamentally guided by the gravitational approaches of writing or drawing analysis
vertical. A fundamental role in the have shown, this space has its own
conceptualization of mental space is kept symbolism: the left side of the sheet
by the space around the own body which is represents the past, the right one the future,
a tri-dimensional one. The most important the upper side represents the conscious
axis, which has a correspondent in the mind, the lower side the unconscious mind.
gravitational vertical, is the head-legs axis, The diagonal line left-low – right-up
followed by the head-back axis (in which symbolizes the rising and development,
the front part is super-represented) and the while the reverse orientation signifies the
left-right axis, which super-dimension the decay, decline etc. The full development of
left part of the perceptive field. graphic behaviour, and especially of
writing, means years of training under the
4. Diagrammatic Space and Graphic control of a qualified person, the stake of
Intelligence this skill being inestimable, because it is its
A category taken into a special development on which depends the access
consideration by Tversky is diagrammatic to the huge fund of knowledge which
constitutes the patrimony of the Structure). University of Bucharest,

humanity‟s written culture. The 2003. Ph.D. thesis.
importance of the diagrammatic space 3. Clinciu, A.I.: Introducere în psihana-
tends to be overtaken only by the computer liză (Introduction to Psychoanalysis).
display which is more capable to suggest Sibiu: Psihomedia Press, 2005.
the third dimension and the movement. 4. Delay, J., Pichot, P.: Abrégé de psy-
The real window towards the virtual space, chologie. Paris & Co. Editeurs, 1984.
cyber-space, moves the humanity‟s 5. Eysenck, M.W., Keane, M.T.:
evolution on the coordinates of another Cognitive Psychology. A Student's
epoch in which only reading-writing Handbook. 3rd Edition. Hove.
cannot constitute sufficient adaptive Psychology Press, 1995.
elements any longer. 6. Fischbein, A.: Conceptele figurale
The conclusion of our study is (Figural Concepts). Bucharest:
convergent with the one of Tversky‟s: “the Academy Press, 1953.
spatial knowledge is rather seen by many 7. Freud, S.: Introducere în psihanaliză.
authors as representing a basis for the (Introduction to Psychoanalysis).
linguistic acquisition than vice versa” [15]. Bucharest: E. D. P., 1980.
The external space is at the origin of the 8. Predescu, V., Ionescu, G. (1976).
mental space, the place where thinking Semiology. In V. Predescu (red.).
becomes the “eye of mind”, making Psihiatrie (Psychiatry). Bucharest:
possible the vision of ideas and launching Medical Press.
the real actions or the resolutive-creative 9. Jung, C.G.: Tipurile psihologice
process. Due to the fact that in (Psychological Types). Bucharest:
phylogenetic and ontogenetic order, it is Humanitas Press, 1997.
constituted before image and word, its 10. McLuhan, M.: Galaxia Gutenberg.
starting point being the gravitational (Gutenberg Galaxy). Bucharest:
vertical and its inner correspondent being Politics Press, 1975.
the body schema, the mental space can be 11. Miclea, M.: Psihologie cognitivă
considered the mysterious element from (Cognitive Psychology). Polirom, 1999
before action, image and word. It offers the 12. Piaget, J.: Naşterea inteligenţei la
expressing framework for building copil (The Birth of Child’s
relations between these structures, getting Intelligence). Bucharest: E.D.P., 1973.
itself structured in the same time with all 13. Popescu-Neveanu, P.: Psihologie
the others. generală (General Psychology).
University of Bucharest, 1977.
Other information may be obtained from
14. Reuchlin, M.: Psihologie generală
the address: a_clinciu@yahoo.com.
(General Psychology). Bucharest:
Scientific Press, 1999.
References
15. Tversky, B.: Remembering spaces. In
E., Tulving, F. I. M. Craik: The Oxford
1. Clinciu, A.I.: Psihologie generală
Handbook of Memory. Oxford, New
(General Psychology). Publishing
York: Oxford University Press, 2000.
House of Transilvania University of
Brasov, 2000.
2. Clinciu, A.I.: Vizual şi auditiv în
structura cognitivă umană (Visual and
Auditive in Human Cognitive
PERCEIVED ASSESSEMENT STYLE

AND LEARNING MOTIVATION
E. COCORADĂ1, M.R. LUCA1, M. PAVALACHE-ILIE1
Abstract: The assessment behaviour of the teacher plays a key role in

giving students feedback on their performance and enhancing learning
motivation. According to orientation of the evaluation and the level of
exigency, four assessment styles are described: normative, formative,
popular and conventional.
The research was conducted on 394 students aged 16-18 years, 253 girls and
141 boys, in 16 classes of upper higher secondary schools in the city of
Brasov, and the chosen subject was English language. The perceived
evaluative styles of five teachers were measured, by students in 2-3 classes
for each of them, in relationship with their learning motivation.
The results show that the extrinsic motivation- reward is associated with the
perception of the style as lenient, the perceived performance is associated
with norm-oriented. There are differences between the evaluative style
perceptions of the students in the same class according to their learning
performances.
Key words: assessment styles, motivation, learning performances.
1. Introduction mastery or on performance, but only the

Evaluation is a component of the pursuit of competence and mastery is
teaching activity having pedagogical associated with the involvement of the
functions, such as the fixing teaching student in learning (Galand, 2006). An
process, regulating students' learning and educational environment which is not
influencing their personalities. At the same focused on external rewards, punishments
time the evaluation has social functions, and pressure and which proposes moderate
such as ensuring formal validation of the difficulty tasks facilitates the adoption of
knowledge/competence and establishment mastery goals and the development of
of social safety by a fair hierarchy of the intrinsic motivation. There is a relationship
competences (Figari, 2006). Evaluation is between the structure of goals proposed to
never totally rational (Vial, 2006) it has students and the teacher–student relation-
controllable and incontrollable ship: performance goals induce feelings of
determinants configured in a particular threat, inequity, tensions, competition, but
evaluative style which is a component of there are differences of gender, age, type
the learning environment. of school in this respect (Galand, Philippot
Pedagogical practices of teachers & Frenay, 200).
influence students’ motivation; the Modern approaches of the learning
structure of the goals proposed to students motivation (Pintrich & Schunk, 1996;
could be focused on competence and Pintrich, 1999) focused on three general
1,
Dep. of Psychology, Transilvania University of Braşov.
types of motivation: the self-efficacy The normative style – The main guiding
beliefs (judgments of one's capabilities to values in evaluation are "rules", "work"
do the academic task), the task value and "necessity". Teacher classifies
beliefs (beliefs about the importance of students, gives frequent or difficult
interest in, and value of the task), and goal evaluation tasks, and maintains stable
orientations (whether the focus is on assessment criteria and a high "cutting
mastery and learning of the task, grades or point". He strictly penalizes errors and
extrinsic reasons for doing the task, or considers performance as resulting from
relative ability in relation to social student's effort and involvement. He shows
comparisons with other students). emotional neutrality and poor empathy.
Viau (2000) uses a model of motivation For him, student is rather labelled by
encompassing the following dimensions: grades than perceived as a person.
perceived value of the activity, perceived The formative style - The main guiding
of self-competency in learning tasks, values in evaluation are "liberty" and
perceived task control, persistence, "responsibility". The teacher considers the
cognitive involvement, performance, and needs of the students, adapts the object-
choice of activity. Amabile (1996) uses a tives, has flexible standards, has in view
bi dimensional model of activity: intrinsic the progress of the students, but is not
vs. extrinsic motivation, with four lenient. The cutting point is kept high, but
subscales, two intrinsic (Pleasure and he encourages the students to get over it.
Challenge) and two extrinsic The popular style - Teacher tends
(Acknowledgement and Reward). towards a relativism of values; he presents
Assessment style and its implications himself as a generous person. He tries not
The assessment style is defined to be stressful, avoids difficult objectives,
(Cocorada, 2004) as a pattern of gives easy evaluation tasks, the cutting
knowledge, attitudes and procedures point is kept low. He/she diminishes the
coherently expressed at behavioural level importance of errors and considers results
as an effect of the principles, norms, and depending on circumstances. He is
methods of evaluation which are adopted empathic, very popular with students,
by the educator/ teacher in a particular overestimates them, requires less effort,
situation. The author proposes a bi- and avoids conflicts with students or their
dimensional model of the evaluation styles, families. The cosy climate covers on the
with the axis: orientation of the evaluation underachievement of objectives.
(towards persons vs. norms) and level of The conventional style - Teacher
exigency (high/ over-particular vs. low/ focuses on conventions such as syllabus,
lenient). It results four styles: normative, objectives, but standards are of medium
formative, popular and conventional. importance. He makes evaluations because
Teachers try intentionally to adapt their it is necessary in order to avoid conflicts
evaluation behaviour to educational aims, with school authority or students' parents.
establishing and consequently developing The evaluation tasks are of medium
the evaluation strategies. For example, in difficulty, with rigid criteria and simple
the frame of formative evaluation strategy, evaluation technique. He/she shows poor
teacher considers the needs, difficulties empathy and does not make personalized
and the potential of student, while in the assessments. He/she avoids encouraging
summative evaluation strategy he students too much and feels good when
considers norms and standards in order to succeeds to be correct in giving rewards
ensure the comparability of results. and punishments.
Cocoradă, E. et al.: Perceived Assessment Style and Learning Motivation 87
According to Galand (2006) and Galand, 2.1. Hypotheses

Philippot & Frenay (2006) the structure of Four subordinate hypotheses were
goals proposed to students and the teacher– derived:
students relationship influences the H1. The perception of the teacher's
learning motivation of students and is assessment style varies according to the
involved in generating educational climate. motivational dominant themes in students.
The teacher’s assessment style plays a key H2. The perception of the teacher's
role in this mechanism. assessment style varies according to the
The Lewis’s theory (1947) on the grades students received on the topic.
perceptual field identifies a connection H3. The asserted learning motivation
between students’ perception (climate) and varies according to the grades students
their learning performances (apud Seeman received on the topic.
& Seeman, 1976). The dynamics of H4. The learning motivation of the
student's learning leads to readiness for students varies according to gender.
activity as determined by the type and 2.2. Instruments
force of the motive, expectancy and The instruments used in the research
incentive value of acting, all put together were the following:
in a multiplicative relationship (Atkinson 1. Perceived Assessment Style Inventory –
and Feather, 1966). PASI (Cocorada, 2004) – a set of 42 items
The relationship between the evaluator consisting in forced choice between 2
and evaluated student is moderated by the opposite answers, describing behaviours
student’s perception of the teacher in the specific to each of the poles of the
evaluation situation. Even there is a "core assessment dimensions: “Orientation of the
of truth" in social cognition (Yserbit & evaluation” (towards persons vs. towards
Schadron, 2002) the perceptions of the norms) and “Level of exigency” (high/
students are inevitably distorted by over-particular vs. low/ lenient).
individual and situational factors. Thus, the The internal consistencies (Cronbach α)
same teacher gets different labels and of the four scales of the new version are
issues various reactive attitudes. the following: orientation of the
assessment towards persons – 0.45,
2. Research Design orientation of the assessment towards
The general objective of the research is norms -0.54, High level of exigency -0.46
to identify the relationship between and low level of exigency -0.56.
perceived assessment styles and the Example of item: When evaluating, the
students’ learning motivation. teacher: a) is impartial as the goddess of
After ensuring them of the justice; b) has a generous heart.
confidentiality of their answers, the 2. Intrinsic-Extrinsic Learning Motivation
students were asked to fill three Scale – IELMS (adapted from Amabile,
questionnaires – the first concerning the 1996) - a set of 30 items consisting in
perceptions on the evaluation style of the evaluation on a 4-step scale of the intensity
English teacher, and the last two of motivation. The internal consistencies
concerning their learning motivation. All (Cronbach α) of the four scales of the new
participants received in exchange for their version are the following: Extrinsic
participation a written feedback consisting motivation Reward - 0.60; Extrinsic
in descriptions of their motivational motivation Acknowledgement - 0.67,
characteristics. Intrinsic motivation-Pleasure - 0.71 and
Intrinsic motivation-Challenge -0.74.
Intrinsic motivation is associated with Perceived performances are observable

positive emotional experiences success, results of learning, i.e. behaviours that
high self-esteem, and effective learning indicate the use of either declarative or
strategies (Eccles & Wigfield, 2002; procedural knowledge, either learning or
Wigfield, 1994). self-regulation strategies by the student
Example of items: Persistence – the time the student assigns
I would rather prefer to have someone to to learning activities. Persistence is a good
set clear aims7objectives for my learning. predictor for performance, but, in order to
More difficult a problem is, more I like to lead to quality results, it is necessary to be
try to solve it. accompanied by effort and cognitive
3. Learning Motivation Questionnaire – involvement.
LMQ, translated and adapted into 2.3 Sample
Romanian from Viau (2000) consists in a The unrandom sample consisted in 394
set of 19 items with different types of students aged 16-18 years, 253 girls and
answers, grouped on 6 dimensions of 141 boys, in 16 classes of upper higher
learning motivation. The internal secondary schools in the city of Brasov.
consistencies (Cronbach α) of the six The teachers evaluated in the research
dimensions of the new version are the were 4 English teachers, 4 female and 1
following: “Utility” - 0.51; “Competence" male. Their evaluation style was assessed
- 0.59; "Task control" - 0.29; "Persistence" by students in 3-4 classes for each.
- 0.54; "Cognitive involvement" - 0.65;
"Performance" - 0.902. 3. Results
Example of items: Generally, do you The personal data of the subjects were
consider yourself as competent to succeed solicited by items that looked at age,
in school? Mark the number better gender, and the average grades for English.
corresponding to your self-perception. H1. The perception of the teacher's
Higher the mark is, higher the competence assessment style varies according to the
is. 1 – not at all competent; 2 – less motivational dominant themes in
competent; 3 – competent; 4 – competent students.
enough; 5 – very competent. The present research shows that the
Task Control - the individuals with the Lenient pole is associated positively with
strong sense of internal locus of control Extrinsic Motivation, and negatively with
will be more likely to involve in academic the perceived value of learning activity and
tasks. the perceived performance (Table 1).
Perceived value of learning activity – the The student's perception of performance
extent to which the learning is useful for is influenced by the teacher’s behaviour:
the aims of the individual - is considered to the more the teacher is focused on norms,
be the reasoning the student makes on the cutting points and student's responsibility,
utility of the activity with regard to the more the last one perceives his own
objectives he set (Viau, 1997). performance as poor and assigns less time
Perceived competence or "perceived for learning (persistence). The students
self-efficacy" (Bandura, 2003) is a crucial which perceive the evaluation style as
variable for the cognitive involvement and over-particular feel frustrated, have lower
for the performance in a given task. grades and are extrinsically motivated, the
exigencies of the teacher being
incongruent with their personality.
Table 1 Correlations between perceived dimensions

of the assessment style and motivational themes
Perceived
Extrinsic Motivation- Perceived value of
performance
Reward (Amabile) learning activity (Viau)
Viau)
Lenient (versus Over-
r = 0.108, p = 0.031 r = -0.117, p = 0.02
particular)
Person-oriented (versus r = -0.147,
Norm-oriented) p = 0.004
H2. The perception of the teacher's students with high grades accept the high
assessment style varies according to the standards of the teacher (r= -0,244,
grades students received on the topic p=0,001) because these are congruent with
The "high-grade" students perceive in a personal attributes and objectives/ aims.
larger extent the teachers as being over- Our results are congruent with those of
particular, norm oriented than the "low- Schmuck (1980) and Good (1980).
grade" students (Table 2 and Table 3). The
Table 2 t test for the significance of independent sample

differences for the four poles of the assessment styles
Groups by average grades on topic N Mean t Sig.
Person Low graders* 123 11.68
oriented 4.07 0.001
High graders** 271 10.45
Norm Low graders 123 9.32
oriented High graders 4.07 0.001
271 10.55
Lenient Low graders 123 12.41
3.28 0.001
High graders 271 11.41
Over- Low graders 123 8.59
particular 3.28 0.001
*Low-graders: under m-1σ; **High-graders: over m+1σ.
There is a slight tendency of "mathematics-computer science" and

differentiation of the perceived assessment "environment protection" programmes.
style according to gender: the girls tend to The students in the first programme
perceive the teacher's evaluation style as perceive the teachers as being over-
being rather norm-focused, while the boys particular (t = 6.93, p = 0.001) and norm-
perceive it as person-focussed (t = 1.9, oriented (t = 3.31, p = 0.001), while the
p=0.058). students in the second one perceive them
There are significant differences of as being more lenient and person-oriented.
perception between students in
Table 3 t test for the significance of independent

sample differences for two assessment styles
Perceived Groups by average

N Mean t Sig. (2-tailed)
assessment styles grades on topic
Low graders* 123 24.0894
Populist Style 4.543 0.000
High graders** 271 20.0406
Low graders 123 17.9106
Normative Style 4.542 0.000
*Low-graders: under m-1σ; **High-graders: over m+1σ.
H3. The asserted motivation varies competent, more persistent, with higher
according to the grades students perceived competence (Table 4).
received on the topic. The present research did not identify
Students with good performances in variances of the perceived value of
English perceive themselves as being more learning and extrinsic motivation – reward
according the grades in English.
Table 4 Correlations between students’ average grade

in English and dominant motivational themes
Perceived
Perseverance Perceived performance
competency
(Viau) (Viau)
(Viau)
Average grade r = 0.294 r = 0.220 r = 0.433
in English p = 0.001 p = 0.001 p = 0.001
H4. The learning motivation of the performance positively influences the

students varies according to gender. actual performance (r = 0,433, p = 0,000).
The scores for the dimensions of The results of our research confirm the
motivation were significantly higher for previous studies which concluded that the
girls than for boys for the following beliefs about competence are influenced by
dimensions: gender stereotypes (Eccles, Wigfield,
 Perceived value (utility) of learning 2002).
(t=5.66, p <. 001);
 Personal competency (t = 3.7, p < .001); 4. Conclusion
 Persistence (t = 7.23, p <. 001); The student with poor grades in English
 Cognitive engagement (t = 6.04, p<.001). and who perceives the evaluation style as
The annual average grades in English over-particular aims to maintain a positive
were also significantly higher for girls than image in the eyes of others and to avoid
for boys (t = 7.21, p <. 001). The study blame; he will prefer the lenient style. For
confirms the results of other researches him, the core steak of success is social
(such as Pintrich & Schrauben, 1992, apud acknowledgement. Elliot (ap. Bourgeois,
Viau, 1997) in which the perceived 2006) asserted that the negative effects of
performance objectives are the loss of
social esteem; the student tends to adopt References

the strategy of least risk, avoiding any
involvement in situations which could 1. Amabile, T.: Creativity in context.
affect his self image and self esteem. Boulder, CO: Westview Press, 1996.
The researches of Pintrich et al. (ap. 2. Atkinson, J., Feather, N.: A theory of
Viau, 1997) prove that more a student achievement motivation. New York:
believes that he possesses the competences Wiley, 1966.
needed for a learning task, more he will 3. Bandura, A.: Self-efficacy: the exercise
persist and will be cognitively involved, of control, 6th print. New York: W.H.
even if he find the task difficult or boring, Freeman, 2003.
and he will have higher performances. 4. Bourgeois, E.: La motivation à
For the student, the performance apprendre. In E. Bourgeois & G.
becomes a source of influence for the Chapelle, Apprendre et faire
perceptions concerning the self, which are apprendre, Paris: PUF, 2006.
related to the motivation. The effect of the 5. Cocorada, E.: Impactul evaluării
performance on the perceptions of the asupra învăţării (Assessment Impact
student may be a positive one, if he is on Learning. The Impact of assessment
satisfied with his achievements. When on the learning) Sibiu: Lucian Blaga
succeeding, the student will improve his University Press, 2004.
opinion on his competence and will value 6. Eccles, J.S., Wigfield, A.: Develop-
more the learning activity. ment of achievement motivation. San
It is difficult, however, to have an Diego, CA: Academic Press, 2002.
objective measurement of all the 7. Galand, B.: Pratiques d'enseigne-ment
evaluative behaviours of the teacher during et adaptation scolaire des élèves. In B.
the year. Accepting this idea involves that Galand, E. Bourgeois: (Se) Motiver à
teacher's modulation in the evaluative style apprendre. Paris: Presses
is actually a strategy. This strategy is good Universitaires de France, 2006.
for the formative evaluation, but not for the 8. Galand, B., Philippot, P, Frenay, M.:
summative evaluation, in which grading Structures des buts, relations
must be based on standards that ensure enseignants-élèves et adaptation
comparability of the students' scolaire des élèves: une analyse
performances. multiniveaux. In: Revue française de
The variance of the perception of the pédagogie, 155, 57-72, 2006.
assessment styles could be attributed to 9. Good. T.L.: Classroom Expectations:
perceptual selectivity in students. This Teacher-Pupil Interactions. In J.H.
could be influenced by internal variables McMillan, The social psychology of
such as gender, dominant motivation school learning. New York: Academic
themes, and actual school performance. Press, 1980.
10. Figari, G.: L'activité évaluative entre
Other information may be obtained from cognition et réponse sociale: nouveaux
the address: elena.cocorada@unitbv.ro. défis pour les évaluateurs. In: Mesure
et Evaluation, 29, 1, 5-18, 2006.
11. Pintrich, P.R.: The role of motivation 25-40, 1976.

in promoting and sustaining self- 15. Vial, M.: Les relations entre formation
regulated learning. In: International et évaluation: perspectives de
Journal of Educational Research, 31, recherches. In: Mesure et évaluation
459-470, 1999. en éducation, 2006, 29(1), 81-98.
12. Pintrich, P., Schunk, D.H.: Motivation 16. Viau, R.: La motivation en contexte
in education - Theory, research and scolaire. Bruxelles: De Boeck
applications. New Jersey: Prentice Université, 1997.
Hall, 1996. 17. Wigfield, A.: Expectancy-value theory
13. Schmuck, R.A.: The school of achievement motivation: A
organization. In J. H. McMillan, The developmental perspective. In:
social psychology of school learning. Educational Psychology Review, 6, 1,
New York: Academic Press, 1980. 49-78, 1994.
14. Seeman, A., Seeman, M.: Staff 18. Yserbit, V., Schadron, G.:
processes and pupil attitudes: a study Cunoaşterea şi judecata celuilalt.
of teacher participation in educational (Knowledge and judgement of other).
change. In: Human Relations, 21(1), Iaşi: Polirom, 2002.
PSYCHOLOGICAL MEASURES
OF SPATIAL ABILITIES
L.T. DAVID1 A. I. CLINCIU1
Abstract: Spatial abilities are divided into three categories: mental

rotation, spatial relation and visualization. Several tests are cited in foreign
literature that are frequently used in order to assess these abilities, but for
Romanian specialists they are not on hand. The present paper is introducing
new assessment tools for static spatial abilities that were successfully used
along with already validated instruments. Data on statistical qualities of the
new instruments are also discussed.
Key words: spatial abilities, validity, psychological tests.
1. Introduction of your own body. Visualization involves

Spatial abilities are recognized as an multiple and complex manipulation of
important type of cognitive ability, spatially presented information and
frequently presented in parallel with verbal flexible activation of different operational
abilities. There is also a trend to present strategies [11].
spatial abilities as opposed to the verbal This classification was maintained over
ones. Some reason for doing so are: the time and recent research added subtypes or
different dominance of cerebral clarifications upon the place of the above
hemisphere implication, the gender abilities in the field of cognitive
differences involved in both type of psychology. Other research claimed that an
abilities and differences in performance important type and ignored by the
noticed in the same person [4, 18]. mentioned meta-analyses is represented by
The specialists in cognitive abilities are dynamic spatial abilities [12]. In present
inclined to accept one classification of many specialists consider that for static
spatial abilities, which resulted from a spatial abilities the most suitable tests are
meta-analysis conducted in 1985 by Linn paper and pencil, hand written or virtual
and Peterson [11]. There were identified simulation and for the dynamic ones
three categories as follows: mental computer tests and digital format.
rotation, spatial relation and visualization.
Mental rotation is defined as the ability to 2. Objectives
mental rotate two or three-dimensional In the present research we used a battery
figure rapidly and accurately and to consisting in seven tests all related with
imagine the aspect of the figure after it was spatial abilities. We anticipate that the
rotated around an axis with a certain whole battery is centered on two factors:
number of degrees. Spatial relations are one, more general, of non-verbal
involved in determining spatial intelligence and the other, more specific,
relationships with respect to the orientation centred on spatial ability. The paper will
1
Dept. of Psychology, Transilvania University of Braşov.
introduce three tests that can be used to the test is to copy the five figures, and the
assess spatial abilities, completing the results are judged in respect with: shape,
frequently used ones. size and distance constancy, proportion,
orientation of the elements of the figure,
3. Material and Methods angles, parallelism and perpendicularity.
3.1. Participants and General Procedure The task was administered in-groups,
The present research is a part of a larger taking around 7 minutes to complete.
one aimed at evaluating the relationship Responsiveness of the test is high for
among computer games and spatial scores at extremes, age but not gender
abilities. The sample selected for this requiring different standards.
presentation is constituted of 303 subjects Bender-Gestalt Test from memory is a
(mean age 14,2, minimum 10,7 and recent version of the prior test in which the
maximum 19,2), coming from four schools subjects had to redraw the five figures,
from Brasov (48% from 2 secondary from memory, 5 minutes apart from the
schools – Scoala Generala Nr. 15, Scoala first drawing. The task is a measure of the
Generala Nr. 28 and 51% from 2 high mental representation of bi-dimensional
schools – Colegiul National Grigore space. Cronbach  coefficient is =.90,
Antipa, Colegiul National Kristian and Split-half reliability for both Bender
Kertsch). In order to assure the Gestalt tests = .82.
representativity of the sample, the selected Mental rotation task is a component of a
schools are common, middle range cognitive abilities battery proposed by a
schools, testing all children from a class. psychologist’s team from Babes Bolyai
The sex distribution is 58% of males and University [19] and it measures the ability
42% of females. of a person to transform mental imagines
There were used seven psychometric especially through rotation. Each
tests, administered individually and in- participant was tested individually, having
groups in two sessions, during September five minutes to respond to 10 problems.
– November 2007. The first testing session Spatial orientation task [19] in which
was a group testing that took one hour (15- three dimensional figures placed in a target
19 participants). The second one was position are shown to the subjects and they
individual session and lasted around 30 are required to indicate from a changed
minutes. perspective which two of four images are
3.2. Measures identical with the target one. There are 10
Standard Progressive Matrices Test situations, 20 maximum points for correct
(Raven, 1938) a paper and pencil answers and five minutes time limit.
nonverbal intelligence test, contains 60 Image generation test [19] is a measure
items of increasing difficulty, grouped in of visualization ability and consists in two
five series [9]. In order to give the solution series of 15 cardboard’s depicting black
one must operate with abstract figural squares in certain positions. The task was
stimuli, understand the gestalt and activate administrated individually and took around
flexible strategies of solving. The test was 7 minutes to be solved.
administered in-groups with a time limit of Blocks test - Clinciu version [6, 7],
25 minutes. adapted by Block design subtest from
Bender-Gestalt Test was used in a new Wechsler Intelligence Scale for Children-
version adapted by Clinciu [6, 7] starting Revised consists in 12 models which have
from Kulcsar version presented in volume to be reproduced using red, white or
I of Psychodiagnostic Guide. The task of red/white sides of three dimensional
David, L.T. et al.: Psychological Measures of Spatial Abilities 95
blocks. It requires spatial visualization, Items = 10). Separately measured, Bender

gestalt comprehension and manual action Gestalt has an internal consistency of  =
combining nonverbal intelligence and .85 and Bender Gestalt from memory an
spatial conceptualization. The test showed Alpha Crohnbach  = .80.
a satisfying internal consistency in the The test-retest reliability for Blocks is
present research (Chronbach =.78 to .82). also statistical significant and with a
satisfactory level (r = .88 for one month
3. Results time elapsed between assessments).
In this paper the focus is on the results
obtained by Bender Gestalt, Bender-Gestalt Table 2 Reliability Coefficients for
Test from memory and Blocks tests and the Bender Gestalt and Bender
characteristics that can be drawn out of these Gestalt from memory
results.
The data showed an ontogenetic evolution Scale mean Corrected Alpha
Item of
of the scores (F2, 276 = 37.64 for Bender if item item-total if item
the test
deleted correlation deleted
Gestalt, F2, 276 = 54.13 for Bender Gestalt from
BG_1 52.98 .69 .89
memory and F2, 284 = 32.92 for Blocks), which
BG_2 53.11 .67 .90
support the need of different standards BG_3 54.94 .72 .89
depending on age. BG_4 56.50 .71 .89
BG_5 55.11 .70 .89
Table 1 Reliability Coefficients
BGm_1 53.67 .70 .89
for Blocks Test
BGm_2 53.60 .56 .90
BGm_3 55.77 .67 .89
Scale
Corrected Alpha BGm_4 57.27 .65 .90
mean
Blocks item-total if item BGm_5 56.20 .63 .90
if item
correlation deleted
deleted The entire battery was submitted to a
Block_1 121.45 .00 .79
factor analysis (see table 3) and the results
Block_2 121.49 .15 .79
confirm the above hypothesis. The results
Block_3 120.57 .22 .79
Block_4 119.83 .17 .79
separated in two major factors: one of
Block_5 117.92 .35 .78 nonverbal intelligence and the second on
Block_6 118.65 .52 .77 spatial abilities.
Block_7 117.66 .55 .77 An interesting result is the fact that
Block_8 116.05 .44 .78 image generation, a test that is a
Block_9 113.10 .70 .74 component of spatial ability battery from
Block_10 116.16 .76 .72 BTPAC, is saturated in general intelligence
Block_11 115.97 .80 .72 probably due to the complex strategies that
Block_12 114.12 .83 .72 are required to solve its tasks.
The analysis also showed that the first
The internal consistency of each of these factor explain 45.26 % of total variance
three tests were high (table 1 and table 2), and the second one another 21.22 % of
with the alpha Crohnbach = .78 for blocks total variance, so the analysed battery
(N of cases = 287, N of Items = 12) and demonstrates its value in testing nonverbal
alpha Crohnbach = .90 for the two forms and spatial abilities.
of Bender Gestalt (N of cases = 270, N of
Factor analysis –VARIMAX method Table 3
Factors
Tests 1- non-verbal 2 – spatial
intelligence aptitude
Raven .767
Mental rotation .839
Spatial orientation .766
Image generation .620
Blocks .793
Bender Gestalt .871
Bender gestalt –m .872
The correlation matrix presented in table scores with age. The same variation is
4 is also relevant for the way the tests are present in Raven scores and in Image
grouping. We mentioned before that generation scores, but is missing for metal
Blocks, Bender Gestalt and Bender Gestalt rotation and spatial orientation.
from memory showed an increasing of
Correlation coefficient among the tests used in the battery Table 4
Tests Raven Rot_or Gen_im Blocks BG B G_m

Raven 1.000
Rot_or .219** 1.000
Gen_im .331** .192** 1.000
Blocks .432** .241** .450** 1.000
BG .289** .081 .239** .365** 1.000
B G_m .292** .135* .176** .382** .790** 1.000
So, the ontogenetic characteristic Blocks Test and Image Generation test
common for some tests may explain also (r = .45) and also between Blocks Test and
the common variation. The correlation Bender Gestalt and Bender Gestalt from
matrix (table 4) shows significant results memory (r = .36, respectively r = .38).
for all the tests, with values varying from These correlations signify the possibility
small to moderate. that visualization process is involved in
We noticed the correlation between solving the tasks of all of these tests.
David, L.T. et al.: Psychological Measures of Spatial Abilities 97
140
130
120
110
Raven F= 44,93
100 Rot_Orient F=27,16
Gen imag F= 43, 79

90
Cuburi F= 132,58
80
Bender G F= 55, 97
Mean
70 Bender Gm F= 86,52
QI <90 QI 91-109 QI >110
total QI_ extreme classes
Fig. 1. Results of the tests’ scores grouped in three classes
4. Discussion visualization and spatial orientation are

The present data support the data found presented as parallel forms. In the present
in specialized literature. The new research visualization seems to incorporate
instruments can be used in order to assess the other two types and testing this
spatial visualization in human subjects. hypothesis can be a valuable contribution
Visualization is the most complex spatial in both theoretical and practical field.
ability and is important to obtain test Other information may be obtained from
results from different tasks. This ability is the address: lauradavid@unitbv.ro
involved in some academic courses such
as: geometry, chemistry, physic, design References
and also in professions like: construction
engineering, architecture, surgical 1. Allen, G.L.: Functional families of
investigations, traffic controller, or in daily spatial abilities: poor relations and
activity like: route finding, orientation, rich prospects. International Journal of
sports, driving, etc. [3, 8, 10, 13-17]. Testing, 2003, 3(3), pp. 251-262.
The presented tests were all selected 2. Allen, G.L., Rashotte, M.A.: Training
because they are involved in visual input metric accuracy in distance estimation
processing, and they may be used to assess skill: pictures versus words. Applied
spatial ability. Cognitive Psychology, 2006, 20,
The spatial orientation test corresponds pp. 171-186.
more to the description made by Carroll 3. Brownlow, S., Miderski, C.A.: How
[5] than the one of Linn and Peterson [11]. gender and college chemistry
Nonverbal intelligence is supraordinated to experience influence mental rotation
spatial visualization that is a larger ability ability. Annual Meeting of the
than mental rotation and spatial Southeastern Psychological
orientation. In Carroll’s theory and also in Association. Atlanta, GA, USA, 23rd
Allen and Rashotte [1, 2] mental rotation, March 2001.
4. Caplan, J.P., Crawford, M, Hyde, J.S., experience in dynamic spatial

Richardson, J.T.: Gender differences in reasoning tasks. Psychological
human cognition. New York. Oxford Science, 1993, 4(1),
University Press, 1997. pp. 35-40.
5. Carroll, J.B.: Human Cognitive 13. Newcombe, N., Dubas, J.S.: A
Abilities. NewYork: Cambridge longitudinal study of predictors of
University Press, 1993. spatial ability in adolescent females.
6. Clinciu, A.I.: Vizual şi auditiv în In: Child Development, (1992)
structura cognitivă umană. (Visual and 63, 37-46.
Auditive in Human Cognitive 14. Quiser-Pohl, C., Lehmann, W.: Girls’
Structure). In Ph.D. Thesis, Bucharest spatial abilities: charting the
University, Romania, 2004. contributions of experiences and
7. Clinciu, A.I.: Psihodiagnostic. attitudes in different academic groups.
(Psychodiagnosys) Braşov. Editura British Journal of Educational
Universităţii Transilvania, 2005. Psychology, 2002, 72, pp. 245-260.
8. Hegarty, M., Montello, D.R., 15. Reuhkala, M.: Mathematical skills in
Richardson, A.E., Ishikawa, T., & ninth-graders: relationship with visuo-
Lovelace, K.: Spatial abilities at spatial abilities and working memory.
different scales: individual differences Educational Psychology, 2001, 21(4),
in aptitude-test performance and pp. 387-399.
spatial-layout learning. Intelligence, 16. Sappington, J., & Topolski, R.: Math’s
2006, 34, 151-176. performance as a function of sex,
9. Kulcsar, T.: Testul Raven şi variantele laterality, and age of pubertal onset.
sale. In: Îndrumător psihodiagnostic. Laterality, 2005, 10(4), pp. 369-379.
Vol. II, Cluj Napoca: Tip Universităţii 17. Siegel-Hinson, R.I., & McKeever,
Babeş Bolyai, 1976, p. 62-10. W.F.: Hemispheric specialization,
10. Malinowski, J.C., & Gillespie, W.T.: spatial activity experience, and sex
Individual differences in performance differences on tests of mental rotation
on a large-scale, real-world ability. Laterality, 2002, 7 (1),
wayfinding task. Journal of pp. 59-74.
Environmental Psychology, 2001, 21, 18. Vogel, J.J., Bowers, C.A., & Vogel,
pp. 73-82. D.S.: Cerebral lateralization of spatial
11. Linn, M.C., Peterson, A. C.: abilities: a meta-analysis. Brain and
Emergence and characterization of sex Cognition, 2003, 52, p. 197-204.
differences in spatial ability: a meta- 19. *** Bateria de Teste Psihologice de
analysis. Child Development, 1985, Aptitudini. (Aptitude Test Batery).
56, p. 1479-1498. Cluj Napoca. Editura ASCR, 2003,
12. Law, D.J., Pellegrino, J.W., Hunt, pp. 196-204.
E.B.: Comparing the tortoise and the
hare: gender differences and
ARTISTIC LANGUAGE IN
NON-VERBAL COMMUNICATION
Elena Simona INDREICA1
Abstract: This article deals only theoretically with a possible reading of

non-verbal language through artistic language items, covering the field of
teacher’s self-image guidance. An adaptation of the hexadic model of
analyzing a static image was tried to analyze a dynamic image (the visual
artistic composition being the human body involved in communication).
Key words: nonverbal communication, artistic language, reading the body

image.
1. The Communication through Image for reading body image in non-verbal

and Non-Verbal Communication communication through artistic language
When communicating non-verbally, one elements.
uses not only mimics and gestures, but also Relations between teachers and students
the posture, clothes, colours and are particularly important for the
accessories, make-up, or hair styling. educational process to run optimally, but in
Being aware of this aspect, image most cases, their complexity makes
counsellors transferred the elements of difficult the didactic communication.
plastic language in the transformation of Concerns for the study of teachers-students
their clients’ appearance, following the relationship [11] have emerged from the
principles of plastic composition with the need to find viable solutions to improve
purpose of transmitting specific messages. communication. In addition to noises (of
Our attempt of transferring the hexadic internal and external nature) that distort the
model of lecturing a plastic image to the messages transmitted between the
reading of the human body image involved participants in the didactic communication,
in communication, even though only at a there is also recorded a deficit in the area
theoretical level, aimed to improve the of intersection between the teacher’s
techniques of decoding non-verbal repertoire and the student’s, both at
messages. language level and in the context of the
Throughout this article I intend to outline taught subject [7], [13] and at non-verbal
general issues that are found in level (information we receive in the
construction of various images that help in nonverbal communication have a higher
reading and understanding them; to show share than those from the area of verbal
some characteristics of the visual-artistic communication in achieving the overall
composition and to transfer theoretical significance of the act of communication)
issues of structural-systemic composition [6], [9].
to the possible pints of view for analyzing We are in contact with the outside world
non-verbal messages; to propose a model through various senses - visual, auditory,
1
D.P.P.D., Transilvania University of Braşov.
olfactory, gustatory, tactile. All these law (figures that have one or two
channels transmit sensations from the symmetrical axes are perceived more
environment which we come in contact easily), the closure law (visual perception
with, process them and integrate them into avoids as much as possible equivocal
information which is translated and interpretations leading to incomplete
expressed in different languages - verbal, routes, it tends to be trapped in a closed
non-verbal, visual, mathematical, musical, configuration, well defined; an incomplete
artistic. We get most of the information figure strives to resemble a well-known
about the world through sight. In this one). Perception has not only an
century we are talking more and more informational role, but also a role of
about the power of image (induced by guidance and regulation of human beings’
audio-visual means alongside with the actions [14, p.142]
news papers and magazines) which Modern life has brought along with
imposed the cultural power. There is now social, economic and cultural
a real invasion of the visual throughout our transformations in several means of
lives, through magazines, newspapers, communication - based on image
cinema, photos, video, television, cartoons, processing: posters, photographs,
comics, dance, advertisements, shop illustrations, comics, movies.
windows, electronic games, etc. The Communication through such images has a
importance of visual elements, mental one-way direction. A great importance of
images, imagination, fantasy, visual this form of communication is given by
architecture in general can be found in linguistic message, message accompanying
numerous references, in the treaties of the image, completing or explaining it.
philosophy, psychology, physics (optics), Context has a great importance too,
theology, anthropology, pedagogy. because it is involved in validating the
Although it may be believed that non- significance of the image. Multiplicity and
verbal language, among the variety of omnipresence of communication through
languages through which we communicate, the processed images is considered by
is first manifested in human life when some authors as representing a real
human beings need to communicate with phenomenon of "cultural regression" of
their fellow, it would not be possible only this century [4], [10]. It is considered that
through the primary image [12]. this phenomenon would hinder the
Daily, in our visual field, there are n development of other forms of
images - from natural to processed or communication, for certain categories of
virtual ones. Their perceptual (visual) population, the taste for reading, for
exploration involves exploratory, search, perceiving musical works, for performing
analysis, comparison actions. Perceptual artistic activities (sculpture, painting).
experience [3] of the individual tends to Voluntarily or involuntarily, we use non-
organize itself in integrated assemblies verbal language (coded images), replacing,
according to a series of laws: the proximity enhancing, repeating, contradicting verbal
law (the closest elements are perceived as message. Non-verbal communication is
belonging to the same form), the similarity done through gestures, mimics, space or
law (objects similar in size, shape or color territory, image. The image means not only
tend to form the same configuration or the visual exposure of the human body
gestalt); the continuity law (elements (clothing, hair style, accessories), but also
facing the same direction tend to be its perception (self-image, the image
organized in the same form), the symmetry perceived by others) [9].
Indreica, E. S.: Artistic Language in Non-verbal Communication 101
2. The Human Body - as an Artistic factor that can be manipulated. The

Image interlocutor’s look can be deliberately
Why do we like some people even when led by moving the center of interest
they transmit the most undesirable using the game of lights and shadows
messages? Image stylists and advisers (light areas attract eyes instantly). In
know the answer to this question, because addition, light can become plasticizing,
they are the ones who analyze/read the by channeling its direction and effects
natural artistic image of the human body in of volume, of shape, of making more
order to change some elements of beautiful, of deployment from the
composition, so as to create an illusion. background etc. are also achieved - in
In didactic communication this aspect does order not only to influence the reception
not interest us, but the reading/analysis of of the message, but also to make it
the artistic image of the human body. aesthetic.
This reading could be accessible to  Centers of strength or interest (they are
children, too, as from an early age they mandatory stops required by eyes
communicate through artistic language, examining the image).
giving expression - through drawings – to  The point of view (the angle from which
their emotions, states, feelings, ideas... the image is viewed) - has a particular
Treating the body as an artistic role in reading the image because the
composition in motion, it can be used as a angle from which a three-dimensional
teaching tool in the teaching-learning. image is viewed matters very much - its
The elements of artistic language perception depends on the area covered
identified in the body image would be: by visual field. An object can be seen
 Line - shown in this context as the and represented from its front, from one
intersection of two surfaces (clothing side (left, right), top down, bottom-up,
lines, lines obtained by joining two totally, partially, close or very close,
spots of color) or the trajectory of the from a distance, etc. - always being
human body (lines drawn by the hands, achieved a different image. In non-
feet, head, lines set up by gestures, verbal communication, the
succession of movements). The general interlocutor’s point of view is often
meaning of straight lines (accuracy, frontal and from a short distance,
steadiness, strictness, severity, maintaining contact mostly in the area
aggression, masculinity) and curves of eyes without offering an overview on
(dynamism, elasticity, malleability, the composition of the visual image
gentleness, warmth, femininity) is involved in sent message. For a good
specified according to modulation and reading of the non-verbal image is
context. recommended the subject’s point of
 Type (aesthetically capitalization of the view, the distance being given by the
body conformation). sum of the intimate distances, which
 Surface, colour (colours used in permits the whole human body’s image
clothing). to be included in the visual field. The
 „Eclerage” or lighting, composition (the view from behind should be avoided, as
organization of a certain number of it makes the non-verbal message
elements identifiable by sight). The undecipherable. Sometimes the views
„eclerage” or lighting of the human can turn into gestures (e.g., the view
body’s image in the process of non- from the top down has as correspondent
verbal communication is an external the gesture of looking down on
somebody, with a negative connotation, communication, as well as a wide range of

expressing superiority, dominance, information from the interlocutor’s former
pursuit of power). experience);
 The linear perspective (which is based • I (instauration of semantic means -
on optical illusion, used to blur defects). leading to the restructuring of semantic
image matrix, imposing the meanings by
3. Reading and Analysis of Images unusual permutation, combination and
Because our main concern was to find a arrangement of multiple elements from the
possible way of reading the image of the image, from the group of pictures or from
human body during non-verbal other groups of images, respectively
communication, we transfer the hexadic personal lecturer’s contributions, what we
model of reading artistic work in this area call subjective interpretation. I is the focal
[5], [10]. The hexadic model presents the point in an image and place of
landmarks of reading: convergence or divergence between the
• L (lecturer or lecture agent - passive, author’s and lecturer’s image - indicating
active, dilettante, grown; he is the one the that in the act of communication, the
image addresses to, and is under the author becomes the lecturer and the
influence of the context in which the image lecturer becomes the author, the roles of
is located); transmitter and receiver being in a
• A (the interlocutor’s image of the continuous dynamism).
author’s image with stable elements and The proposed model, called hexadic
variable elements according to the contextual-situational brings more
context); additional information in reading the
• S (purpose of reading the image; rarely image than the hexadic simple model,
clearly defined, often reading/ decoding noted above, since it takes into account
the visual messages of the communication several factors. In reading the guidelines of
is done unintentionally or at an lecture listed above, there can be added:
unconscious level);  PE - the physical environment
• F (forms, methods, techniques and styles (external or internal architecture of the
of analyzing the image – to take a distance, building, furnishing, arrangement of
to cooperate, to adapt, to assimilate, to objects in ambient, temperature,
analyze, to synthesize, etc.). humidity, brightness, chromatics).
• R (semantic restorative ways - through  PSE – the psychosocial environment
attendance, anticipation, approximation, (the formal or informal frame, the
etc.).It means understanding the image and interlocutors’ status, their roles, the
the operationalization of decoding the emotional atmosphere).
image, here we have degrees of  CE – the cultural environment
understanding an image: 1. Explicit (national culture, general culture, etc.).
understanding where lecturer only records  SR – the sensible reality, that is the
the significance of forms, color and reality perceived by senses (i.e., the
composition of the composition; 2. Implicit smell of the environment may influence
understanding, lecturer managing to see the visual reception of the message).
beyond the image itself and to capture the  AR – the abstract reality (consisting in
possible connotations of the composition; words, ideas, concepts, categories, laws,
3. Referential understanding, which principles, theories, concepts, opinions,
involves lecturer’s previous access to the dogma, mental representations,
code of symbols and meanings used in prejudices, etc.).
Indreica, E. S.: Artistic Language in Non-verbal Communication 103
 Sp - space (closed, open) In terms of space [1], visual-artistic

 T - time (objective and subjective). component of the human body embodies a
 L - language (volume, codes, symbols, centric system (where the space is ordered
a certain syntax - issues of composition, by curved roof framing, and the network of
a certain semantic - meaning, meanings, vectors faces inwards) or an eccentric
etc.). system (where space is ordered by roof
 V - the subjective value (the framing straight, and the network of
investment of effort in transmitting or drivers is oriented outwards). The two
receptioning a non-verbal message systems always coexist, but the one which
gives subjective value to non-verbal imposes itself in the field of visual forces
communication, quantified in the prevails.
presence or absence of interest) The visual-artistic composition of an
 EC – the capacity of assessment and image, in general - regardless the type of
decoding received messages. image, implies the observation of certain
conditions aimed at combining elements of
4. Visual-Artistic Composition of the plastic language:
Human Body and Reading its Image  The existence of a form, chromatic or
Aspects of visual artistic composition are linear dominant. The dominance should
numerous, complex, but important to be emphasized through modulation,
establish image and to read it. For not accents and details.
conveying the wrong message of the  The existence of a type of relation
image, another one than what the author between the parts of a whole (analog or
intends to be decoded correctly and to be contrast report or, disagreeing report,
harmonious, the composition must compile disonantic or accidental by quantity).
a unit, being organized in a structure,  The existence of a sense of the whole
based on some principles and the meanings organization – towards inwards (closed
of symbols must be correctly used. composition, communication barriers)
Visual-artistic composition of the human or outwards (open composition,
body must have a form and content; these stimulating communication). The
are made by lines, colors and accessories. direction is outlined by the lines of
The image involves the following force (tensional axis), centers of
structural-constructive aspects [2], which interest, rhythm.
group together and organize expressively  The existence of a biunivoque
the artistic language, for transmitting interconditioning between elements.
meanings: composition, pressure, Tension is created by the centers of
construction, proportion, movement, interest, their arrangement by drawing an
rhythm, and harmony. imaginary line that links them (a person
Composition (the internal organization of who uses in the non-verbal message, a
image) is an entire item in which there are single center of interest will bore the
intersected lines and surfaces, active areas interlocutor, creating the feeling of
with passive areas. The elements are in a fatigue). Centers may also be specifically
relationship of support, completing each marked or indirectly created by perceptual
other (e.g., fashion style with straight lines induction.
and sharp angles are part of a harmonious Construction (the hidden structure of the
composition when the person involved has composition) consists developing the parts of
vigorous gestures, rough movement, with composition – letting us not forget that the
the right trajectory). body image in non-verbal communication is
a dynamic one, the art being the distribution 4. Cadet, C., Rene, C., Galus, J.L.: La
of breaks, the use of space and time, comunication par l’image.
sequence of movements etc. (Communication by image) Paris:
Proportion (the quantitative aspect of the Editons Nathan, 1990.
artistic elements of language) and rhythm 5. Cioca, V.: Note de curs (uz intern).
(movement, changing gestures) give the Cluj-Napoca, 1997, 2001.
didactic speech harmony. Movement 6. Collett, P. (2005). Cartea gesturilor
(sometimes suggested by colors, clothing (Gestures’ book). Bucureşti: Ed. Trei.
lines or trajectories of gestures) is designed 7. Indreica, E.-S., Truţa, C.: Înfăţişarea
to conquer the audience, and to actively profesorului şi succesul său didactic în
involve the audience in communication. motivarea elevului pentru învăţare.
Movement – suggested by the shifting (Teacher’s appearance and his
(sinuous, sharp, flabby, feline, quick, didactical success in motivating
nervous) from the immobility state, can be student for learning in volume
vertical or horizontal. Education and Communication) In
Rhythm – the succession or diverse or Educaţie şi Comunicare (Education
balanced grouping of the signs: alternative, and Communication). Tg. Mureş: Ed.
successive, asymmetrical Universităţii „Petru Maior”, 2008,
Harmony – internal organization of the p. 140-145.
image, in accordance with the structural 8. Iucu, R.: Instruirea şcolară -
logic and based on sustaining reports. perspective teoretice şi applicative
(School instruction – theoretical and
5. Instead of Conclusions applicative perspectives). Iaşi: Editura
We aim at practical application of these Polirom, 2001.
ideas, the experimental plan having already 9. Luca, M.R.: Comunicarea organizaţi-
been developed. onală. (Organizational Commun-
ication) Braşov: Ed. Infomarket, 2006.
Other information may be obtained from 10. Martine, J.: Introduction à l’analyse
the address: elena.indreica@unitbv.ro de l’image (An introduction to image
analysis). Paris: Ed. Nathan, 1994.
References 11. Pânişoară, O.: Comunicarea eficientă
(Effective Communication). Iaşi:
1. Arheim, R.: Forţa centrului vizual Polirom, 2003.
(The Force of the Visual Center). 12. Steri, A.: Comment l’homme percoit-il
Bucureşti: Editura Meridiane, 1995. le monde? In L’homme cognitive (The
2. Berger, R.: Descoperirea picturii cognitive man). Weil-Barais, A.
(Discovering Painting). Bucureşti: (coord.), Paris: PUF, 1998.
13. Şoitu, L.: Pedagogia comunicării (The
Editura Meridiane, 1975.
Pedagogy of Communication).
3. Bonnet, C.: Traité de psychologie Bucureşti: Editura Didactică şi
cognitive. Perception, action, langage Pedagogică, 1997.
(The Handbook of Cognitive 14. Zlate, M.: Psihologia mecanismelor
Psychology. Perception, Action, cognitive (The Psychology of
Language). Paris: Dunod, 1989. Cognitive Mechanisms). Iaşi: Polirom,
2001.
TRYING TO UNDERSTAND CURRICULUM

IN THE NEW MILLENNIUM
Rodica Mariana NICULESCU 1
Abstract: This paper is focused on presenting curriculum as a core issue of

any educational reform, and as a very controversial concept. Two core
concepts are underlined within curriculum definitions: learning situation and
learning experience and their complementary relation is analyzed. The
pyramidal model of curriculum is explained as a new approach. All this
presentation aims to present a point of view about the thorny issue of
curriculum and it tries to synthetically put together different approaches of
the topic in modern and post-modern society. The necessity to rethink and
enlarge the competence concept represents a conclusion which could be the
basis of a further more detailed analysis of the curriculum development.
Key words: curriculum, learning situation, learning experience, values,

competence.
1. Curriculum as a Controversial reference. The same term can concern a

Concept classroom, a specific university faculty or
It will be clear that the curriculum can be even a national program. It is applied to
considered a controversial concept and my formal structures and to informal
concerns begin with the reality that there is education. It is applied equally to youth-
no common agreement around which (key clubs, to pre-schools and even to industrial
issue(s)/ dimension or component) training
curriculum should be designed. Some A second class of meaning concerns
definitions consider „content‟ to be the time-frames for curriculum and can refer to
core issue of curriculum, others hinge a moment in life, an entire life or to a cycle
around learning experience, social context of activity. It can refer to a three year
or defined goals or outcomes. degree program or a single week of
No matter what core issue is at stake, specialized field-work.
curriculum theory and curriculum reforms The term curriculum is also used to refer
often begin by recounting the corpus of to the actual material that comprises
existing models or theories and then curriculum. Curriculum in these terms can
beginning a new proposal from the one be a syllabus to be transmitted or it can be
that is deemed to be superior to existing a product or an intention. The material can
alternatives. The term curriculum is thus be concerned with praxis or a manual of
applied to a whole variety of structures and detail. It can refer to something that is
can be made to carry a range of classes of supported by research or an on-going
meaning. process guided by the preferences of the
One class of meaning concerns the user. Some scholars have even talked
breadth of the area of curriculum about the take-away curriculum or the
1
Faculty of Psychology and Science of Education, Transilvania University of Braşov.
MacDonald‟s curriculum to describe what staffs that are charged with the design and
is actually taken away by the student. This implementation of curriculum. As they
is the amalgam of the effects of formal make their plans, staffs is aware of
activity within a school as it is mediated to pressure from political sources,
a child who for instance, has been international innovation and concern as
persistently bullied. What is then taken well as the establishment view of how a
from the institution is far from the declared graduate should be. There are further
curriculum. Equally a university graduate pressures from the real and imagined
may be crippled by a take away curriculum processes of intra and extra-institutional
that has been the result of experiences that peer-review.
have induced a low sense of self-worth or There is some common ground among
an obsession with personal appearance. the many definitions and manifestations of
Each manifestation of curriculum claims curriculum. All hold the main players to be
somewhere a supporting model which lays the student and teacher and there is
claim to a fundamental philosophy about generally a reference to the educational
the learning process or the nature of context in which the curriculum is to be
education. We can see examples of this in applied. Normally, there is also reference
work by Franklin Bobbitt (1918; 1928); to the content that has to be delivered and
Ralph W. Tyler (1949); Lawrence in consequence, the „content‟ that needs to
Stenhouse (1975); Grundy (1987); be learned.
Newman & Ingram (1989) and Smith, M. I have also noticed that almost all
K. (1996, 2000). definitions of curriculum seem to use the
Typically a teacher in a pre-university term learning experience. Whilst this can
system is confronted with a package of be a useful term I am concerned that it is
syllabus and support materials provided by generally used without definition both at
a higher educational authority. However the „design level‟ of curriculum and at the
good these materials, this curriculum is not same time to day-today curriculum
the one received by pupils. A teacher- realization. I want therefore to consider the
perception process intervenes, turning term learning experience alongside its near
these official materials into something that conceptual neighbor, learning situation.
is personal to the teacher, but which is Inside the formal education, people
never identical to the received materials. normally experience quite distinct and
This perceived curriculum is the reality of different learning situations as they
curriculum that is implemented in the progress through schooling and then higher
classroom. Thus we could talk about the education. At the same time those same
perceived curriculum as an important people are asked, or choose to put
regulatory mechanism in turning the ideal themselves in many different non-formal
curriculum (that is the curriculum as it was learning situations. Indeed, life itself
originally designed), into real curriculum. frequently places us in non-formal
Because of this teacher-perception education without any preparation and
mechanism there have been examples of without any apparently related context.
innovative curriculum activity that have These chosen or random learning
“failed” because it was impossible to situations, (whether shared without others
include a clone of a charismatic innovator or not,) become for the learner a private
with every resource booklet! learning experience. The personalization
There are comparable situations at occurs when a shared educational
university level. Here it is the academic experience is filtered via the learners‟
Niculescu, R. M.: Trying to Understand Curriculum in the New Millenium 107
personalities which are also influenced by within formal or non-formal contexts are
a variety of personal contextual factors. I the source of this power.
note for instance that every teacher has a The relationship between the learning
private learning experience each time situation and the learning experience has
he/she interacts professionally with a now become a key curriculum issue.
group or even a single student. Both terms embrace nuanced
connotations according to their domain of
2. A New Definition of Curriculum reference; however, they maintain a
With this confusion in mind, I would like defined structure no matter in what
to suggest this working definition of context.
curriculum for the purposes of this paper. The structure of a learning situation/
Curriculum could be considered, in its experience in education now requires
widest possible manifestation as the certain following revisions to some
totality of learning situations connected to familiar elements:
the subsequent learning experiences which  Outcomes are now considered in terms
occur during a human being‟s life. The of a learner, who having been put into a
learning situations are specifically learning situation is living out the more or
designed and implemented within formal less permanent consequence of a learning
education (1) but are also specifically experience. These outcomes are described
designed in non-formal education (2); the in terms of competencies or components of
life itself, for sure, put us into various competencies: knowledge, capacities, (as
learning situations, without a previous operational structures), attitudes and
project but with doubtless educational attributes of personality. Generally
outcomes (3). Each learning situation, speaking they are determined by the socio-
purposely designed or incidental, shared or educational context (Cornbleth, 1990) in
not with others, becomes a private which the student learns and they will be
“learning experience” being filtered nuanced by the social and professional
through the learner‟s personality, and context in which the graduate will operate
influenced in this filtering process by a lot and specifically by the occupation towards
of contextual factors. It is important to not which the training is aimed. Outcomes
forget that even the teacher is a “learner” appear in formal and non-formal education
involved within the learning situation as being planned. In informal education we
created or projected by the teacher himself see outcomes as accidental.
or herself.  Aims, goals, and objectives now
As we then look at informal education become paths to be followed by the
we see a process that lacks intentional educational process in order to achieve
educational design, but it comprises a large designed outcomes (components of the
number of learning experiences. These competence); they are to be considered
experiences may have positive or negative explicitly only in formal and sometimes
connotations, according to the power of the non-formal education (Corte et al., 1996;
individual to filter or to utilize the diffuse Voogt, 2004).
surrounding educational field of influence  Content is selected according to
effectively. Where this power comes from? specified outcomes and in formal
It is obvious that the value of the outcomes education, structured according to the
preserved by the learning experiences of philosophy of the curriculum designers.
the learner involved in learning situations However we recognise non-formal and
unplanned educational „content‟ in every
learning situation of life. No matter where These five structural elements lead to the
the contents are considered they should not so called pentagonal model of curriculum
be understood as genuine targets to be structure, which has been suggested by
learnt but as vehicles towards desirable Wragg (1997) in his “Cubic Curriculum”.
competencies. The author suggestion is focused on the
 Suggested methodologies of teaching idea of the necessity for a multiple view of
and assessment are determined by aims, analysing curriculum. What I consider as
goals, objectives and desired outcomes. being important is the three dimensional
They are related to the selected and perspective involved in Wragg‟s
structured contents. Methodologies in this presentation.
context must respond to the specific Whilst these five core structural elements
situations of each learner as he or she of a learning situation are strongly
relates to each concrete designed learning interconnected we must also recognise that
situation. the concept is essentially a functioning
 The appropriateness and timetabling system. Because of this every change in
of elements of activity and the allocation one element necessarily calls for
of time to units of curriculum activity. adjustment in each other. Unfortunately the
This planned structural component of pentagonal paradigm of curriculum
curriculum is obvious in relation to formal structure cannot adequately express this
education and partially to non-formal complex, almost kinetic systemic activity.
education. However, it is important to be It is because of this weakness that I
aware that timing and appropriateness are propose the pyramidal model of
also essential components of informal curriculum structure. (Fig. 1) and offer its
education explanation as a possible basis for a new
paradigm of curriculum design appropriate
3. The Pyramidal Model of Curriculum to all educational levels.
Fig. 1. The pyramidal model of curriculum

I have already emphasised the strong themselves are not beyond controversy.
interconnection among the five structural However, experience has shown that each
elements of a learning situation and I am competency tends to commend itself to
reluctant to add to the debate over the specifically structured contents and, further
priority, importance and timing of these to specific methods of teaching and
five elements. assessment.
When we turn to consider the priority of A further distraction from the proper
importance of one or another among these concerns of curriculum, in my view, is the
five elements, we move into the thorny and extended debate about
philosophy of curriculum. The literature of objectives. Whilst I accept that it is not
unproductive to have in mind (not
speciality abounds with “curriculum necessarily to write) detailed objectives for
models” which are founded upon the each sequence of an educational plan, I
priority of importance of one or other would argue that defining and reaching
structural element. Rather than engage in objectives should not be the core task.
unprofitable analysis of these models I Instead, we suggest an alternative
suggest that educational reform will be significance for aims, goals and objectives,
better served by discussion of the balance (depending on the level of their generality)
between the focus on competence and the as redefined instruments which become
focus on taught and learned content routes to be followed by the educational
process itself in order to achieve the
according to the effectiveness of teaching- designed outcomes. A teacher who has
assessing methodology, in curriculum decided the competencies to be developed,
design and implementation. and the nature of the intended content has
Notionally there is unanimous then to set out his or her particular route by
recognition that attainment targets or which to enrich the outcomes, to
overall expectations (in Canadian particularise the aims and the goals, and to
curriculum terms) are the most important formulate the objectives for study units.
issues and the first to be determined. These will recommend specific
In my opinion these overall expectations methodologies for the teaching-assessing
process which are focused on learning. In
should be expresses in terms of arriving at such design decisions the
competencies detailed in their components: teacher will have taken account of the
knowledge including understandings and rhythm of learning of the particular
not remaining memorized information, students concerned. The teacher will be the
operational capacities, attitudes and values. final decision maker in respect of the
I consider that the topic of competence and detailed timing for each learning situation.
competencies is another extremely I have stressed those competencies as
interesting one, but it should be the issue outcomes are the pivotal determinants of
of another paper. It than become the nature curriculum design. Competencies are
determined objectively by the requests of
of these growing competences during the the professional fields.
personality-genesis process that determines
both the selection of content and the ways 4. “Over” or “behind” Curriculum a
in which content is structured. Some Trans-disciplinary Approach
competencies call almost naturally for A curriculum approach focused on
working within a single discipline, inter- outcomes (defined in terms of
disciplinary activity, and a topic approach competencies) could be considered as a
or plural-discipline exploration. Here we trans-curricular one; this means that no
recognise, of course, that these terms matter what contents are considered, in
what kind of structure they are put, or
which are the methodological way of 5. Instead of Conclusions

teaching and assessing process involved The great debate among the traditional,
within the designed learning situations, the modern and post-modern theories of
core issue of the educational concern is to curriculum should be reconsidered from
enrich the outcomes as expression of
genuine learning experiences, behind or the point of view of the curriculum
over the curriculum as set of learning determinants and its beneficiary- the
situations. This becomes a principle of educated human being of a new
designing and implementing curriculum. I millennium. Centring curriculum on
suggest a deeply thinking about the competence means to rethink the concept
education as a process and a product of competence itself. It is not the aim of
connected to these two terms: behind or this paper to analyse in deeply this concept
over curriculum. but, together with the post-modern
When we consider the education in the representatives and “ultra-modern”
hypostasis of a product we should think in philosophy (Negreţ –Dobridor, 2008) I
terms of overall expectations/ outcomes; underline the necessity to go back to the
they will be enriched after the learning values, to reconsider the structure of
situations turn into learning experiences. competence in terms of focusing it on
So, somewhere behind curriculum design accepted attitudes and active values. We
and implementation the educators have as do need a curriculum which develops a
main target to obtain assessable complex human personality able to
competencies. Their main concern should understand the world with its history, to
be the resulted leaning experiences. When prefigure its future, to be adapted to a
we consider the education in the hypostasis reality no matter how complex it is and to
of a process we should think in terms of be enough creative to contribute to change
aims, goals and objectives leading the the reality in a right direction.
educational process, on different levels of
generality, towards the overall Other information may be obtained from
expectations. The educators‟ main concern the address: rodicanic@unitbv.ro.
should be in this case the curriculum
design and the implementation of the References
designed learning situations. The term”
over curriculum” may be appropriate for 1. Blair A. L.: Open Source Curriculum.
this hypostasis of education. In The Journal of Continuing Higher
Several sets of competencies may Education, 2006, vol. 54 Number 1, pp
become transversal competencies, or 28-33.
general ones, having real possibilities to 2. Burt R., Bird, C., Beynon, M.: IBM &
perform in different areas of work. They School of Chemistry, 2005
aim to develop what is usually named, Symposium, Talks Series 4,
within the cognitive area, as ” lateral Southampton, UK, 23 Feb 2005, 4
thinking”, a topic which focused the May.
interest of a lot of specialists and open the 3. Chan Kin-sang, J.: The implementation
door for interesting sequences within the of Integrate Curriculum: A case study
context of international debates (Burt, in Hong Kong. In Curriculum
Bird, Beynon, 2005). Other competences Perspective, 2006, Vol. 26, Number 1,
may be strictly associated to a specific Edited by Colin Marsh, pp. 27-37.
professional field.
4. Cornbleth, C.: Curriculum in Context, 15. Nowotny, H.: Re-Thinking Science.

Basingstoke: Falmer Press, 1990. Knowledge and the Public in an Age
5. Corte, E., de Geerligs, T., Peter, J., of Uncertainty (with P. Scott and
Lagerveij, N.,Vandenberghe, R.: Les M. Gibbons), Cambridge. Polity Press,
fondements de l’action didactique. 2001.
Bruxeles: De Boeck & Larcier, 1996. 16. Pinar et al.: Understanding Curriculum
6. Delisle, R., Bégin, P. (Coord.): as International text. In 1995
Interdisciplinarité au primaire: une Understanding Curriculum. (With
voie d’avenir? Université de William Reynolds, Patrick Slattery,
Sherbrooke, Edition du CRP, 1992. and Peter Taubman). New York. Peter
7. Gough, N.: Locating curriculum Lang, 1995.
studies in the global village. In Journal 17. Prevedel, A.: Values and Beliefs: The
of Curriculum Studies, 2000. World View Behind Curriculum in
8. Grundy, S.: Curriculum: product or Volume 6, Issue C: September 2003, al
praxis? Lewes: Falmer Press, 1987. Focus on Basics, Connecting Research
9. Kraevskij, V.V., Lerner I.Y.: The and Practice, 2003.
theory of curriculum content in USSR. 18. Smith, M. K.: 'Curriculum theory and
UNESCO, 1984. practice' the encyclopedia of informal
10. Maxwell L.A.: Power Over educati, 1996, 2000 www.infed.org/
Curriculum at Heart of L.A. Deal. biblio/b-curric.htm. [first accessed
Mayor, union team up to push plan 24.May 2007, last access
some fear would turn back clock. 30.March.2008].
2006, 19. Soden R., Maclellan E.: Experienced
http://www.edweek.org/login.html?sou tutors’ deployment of thinking skills
rce=http://www.edweek.org/ew/article and what might be entailed in
s/2006/07/26/43la.h25.html&destinatio enhancing such skills. In International
n=http://www.edweek.org/ew/articles/ Journal of Lifelong Learning, 2004,
2006/07/26/43la.h25.html&levelId=21 vol. 23, no. 4.
00 20. Stenhouse L.: An Introduction to
11. Miller, J.P.: The holistic curriculum. Curriculum Research and
Toronto. OISE Press, University of Development, Oxford. Heinemann
Toronto Press, 2001. Educational Publisher, 1975.
12. Negreţ-Dobridor I.:. Teoria generală a 21. Su-Yen-Chen.: Interdisciplinary
curriculumului educaţional (General Curriculum: A Model with Children‟s
Theory of Curriculum). Iaşi. Polirom, Literature as the Organising Centre. In
2008. Curriculum Perspectives, 2003, Vol.
13. Niculescu, R. M.: Teoria şi manage- 23, No. 3, September.
mentul curriculumului (Theory and 22. Thornley, C., Graham, S.: Curricullum
Management of Curriculum). Integration:An Implicit Integration
Transilvania University Publishing Model. In Curriculum Perspective,
House, 2003. 2001, Vol. 21, No. 3, September,
14. Nowotny, H.: The Potential of pp. 31-37.
Transdisciplinarity." Rethinking 23. Tyler, R.: "How Can Learning
Interdisciplinarity, 2003. http://en. Experiences be Organized for Effective
wikipedia.org/wiki/Transdisciplinary_s Instruction?". Basic Principles of
tudies, accessed 01.12.2008. Curriculum and Instruction. Chicago.
University of Chicago Press, 1949.
24. Välijärvi, J.: Implications of the der Akker et al. (eds.) Curriculum
Modular Curriculum in the Senior Landscape and Trends. Netherlands:
Secondary School. In J. van der Akker Kluwer Academic Publisher, 2004.
et al (eds.) Curriculum Landscape and 26. Wiggins G., McTighe, J.:
Trends. Netherlands: Kluwer Understanding by Design. Ohio.
Academic Publisher, 2004. Merrill Prentice Hall, 2001.
25. Voogt, J.: Consequences of ICT for 27. Wragg C.: The Cubic Curriculum
Aims, Contents, Processes, and London. Routledge, 1997.
Environment of Learning, In In J. van
EVALUATING TRAINING OUTCOMES:

SOME REFLECTIONS ON AN ONLINE
AND IN PRESENCE MODALITY
Paola NICOLINI1
Abstract: The paper offers a discussion about the concept of training from
a psychological point of view. In a life-long learning perspective adults’
training is developing relevant. Innovative technologies and methodologies
demonstrate to be very needful to answer to new learning requests, and this
is also because requests mainly come from workers. Even Universities are
restyling their paths, organizing online courses in addition to traditional
classes. But is it possible to do e-training? And, if possible, in which way the
assessment has to be conducted? A study case is provided to deal with these
questions.
Key words: learning design, life-long learning, assessment, self

assessment.
1. Introduction kind of assessment, both in presence and in

According to the objectivist point of online experiences (Rafaeli & Tractinsky,
view, knowledge consists in correctly 1989; 1991; Rafaeli, Barak, Dan-Gur &
conceptualizing and categorizing things in Toch, 2003).
the world and grasping the objective On the contrary, in a constructivist
connection among those things and those perspective, the world is mostly created by
categories (Lakoff, 1987, p. 163). So there the human mind (Piaget, 1970) so that
is only one correct possibility to reach this knowledge is mainly considered as an
kind of correspondence and only one interpretive process (Kuhn, 1996). In
correct understanding of any topic addition, in socio-constructivist approaches
(Vrasidas, 2000). In this framework the knowledge is considered the result of
work of learners consists in the construction of meaning and negotiation
achievement of the correspondence that happens within social exchanges
between abstract symbols and real world. (Bruner, 1990), so that teaching is not just
Evaluation is goal-driven (Jonassen, a simple transfer of information, but an
1992a) and it can be very similar to a paper active building of data and understanding
and pencil test (Bennet, 1998): trainers ask situated within authentic relationships and
students to make a activity, then the activities (Scardamalia & Bereiter, 2002).
answers can be compared to a correct As there is not one correct understanding
model by teachers or students themselves. and there is not one correct way of solving
This is a quite easy way to do an problem (Vrasidas, 2000, p. 10), the
evaluation and also a self-evaluation. exclusive use of testing is clearly not
There are also software able to provide this adequate to individuate this kind of
1
Department of Educational and Training Sciences, Macerata University.
learning achievements (Lesh & Doerr, illustrate and discuss this model, to provide
2003; Sternberg 1997). Constructivist and a study case.
socio-constructivist teachers allow learners
to have an active role along the whole 3. A Case Study: the Workshop for
training path and in the evaluation process Observing Children at School
(Jonassen,1992b). Evaluation of one's own The Workshop for Observing Children at
work promotes self-reflexive processes, School is an obligate formative course at
which is another goal of constructivist the University of Macerata. It is addressed
learning (Vrasidas, 2000, p. 12). Self- to students that will be teachers in their
regulation is also enhanced by peer professional future. Assuming observation
interactions. as a specific competence required to
teachers, the Workshop is finalized to train
2. Training: Towards a Definition skills in observation method. In fact
According to socio-constructivist teachers are supposed to adopt an expert
theories, we assume learning as an approach when observing learners at
outcome of social interactions, both school.
disagreeing and concerted (Doise & 3.1. The Educational Design of the
Mugny, 1981; Pontecorvo, 1993; Carugati Workshop for Observing Children at
& Selleri, 2001). In this approach, teaching School
is mainly regarded as an activity of The Workshop consists of a system of
scaffolding offered to students to facilitate progressive proposals, both subjective and
an active and self directed learning collective. The online version of the
(Scardamalia & Bereiter, 2002). It means Workshop is articulated in 8 activities
at least to start with any concept or related to specific goals. In the first activity
knowledge is already available for students the participants have to write their
and to facilitate a better form or re- observation text using the video available
organization of concepts. The basic role of online. The video reproduces a real school
prior knowledge in training process is situation, in which some children are
evident: trainers have to deal with previous building a tower. The video has a duration
opinions, ideas and judgments of the of 60’. The goal of the first observation
trainees to promote new understanding. activity is to activate knowledge and
Training can be considered not a simple competences owned by the students before
grow of information, but a real cognitive the study of the textbook. The students are
and affective conceptual change (Mason, then asked to discuss (within the forum in
2001; Mason, 2006). The new contents online modality, in face to face interaction
have to be translated in individual in the in presence lessons) about analogies
competence, what permits to learners an and differences aroused among the
adequate application and creative use of individual observation texts (activity 2).
knowledge and expertise (Gardner, 1991). The peers’ discussion is finalized to
The change can be achieved only on the recognize differences, limits and errors of
base of direct experience and a subsequent the subjective point of view (Chinn &
reflection (Bion, 1961; Knowles, 1986; Brewer, 1993). Moreover while the
Arfelli Galli, 1997; Bruscaglioni, 2002). students do argue their divergent point of
We followed the socio-constructivist view to support their own opinions, they
assumptions in different versions of the are building a new and stronger structure
same course, the Workshop for observing of ideas (Nussbaum & Novick 1982). At
children at school. We now intend to this point there are bases to activate a
Nicolini, P.: Evaluating Training Outcomes: Some Reflections on … 115
negotiation of meanings (Bruner, 1990). In personal dossier is a further strategy

fact, in the third activity the students are planned to promote considerations and
asked to negotiate a shared list of metacognitive attentiveness. It is a way to
indicators for child observation, looking support self assessment.
for a possible agreement (Doise & Mugny, The in presence version of the
1981; Carugati & Selleri, 2001; Pojaghi, Workshop has the same activities and
2000). Then the students have to read the goals: there are 7 meetings of 2 hours each,
recommended books (activity 4). The along two months time. The only
understanding of scientific theories is difference is in the third activity, that is
supposed to be facilitated by the naïve
replaced with a teacher lesson. The
theories recognition and activation.
Another peer discussion (activity 5) interactions in web forums are substituted
provides the possibility to further revise with face to face discussions.
the list of indicators. In the fifth activity 3.2. The Samples
the participants have to write a new The online and in presence version of the
observation text. The video is similar to the Workshop developed during the academic
first; it shows two children collecting a years 2007-2008 have quite the same
puzzle in an infant school. This activity number of participants (125 subjects
aims to enable the students to experience online, 117 in presence). In both cases the
observation in the light of the just learned great majority are women, the course was
concepts. The participants are then invited attended by younger students with respect
to speak about the previous activity within
to the online Workshop. Besides in the
their group in a web forum, expressing an
assessment on the Workshop and online course there are a lot of students
formulating a self-assessment of their own already graduated, whereas the Workshop
learning process (activity 6). To conclude in presence is mainly attended by students
the curriculum, the students are requested with a high school degree. The table below
to send a personal dossier (activity 7) shows the characteristics of the
composed by written texts of every participants (Table 1).
activity. Collecting and composing a
The characteristics of participants Table 1

In presence Workshop Online Workshop
Number of participants 117 125
Year birth range 1966-1986 1956-1985
High school degree 96 30
University degree 21 95
Full time students 98 30
Workers 19 95
Geographic origin 5 South of Italy 68 South of Italy
110 Centre of Italy 55 Centre of Italy
0 North of Italy 1 North of Italy
2 Foreigners 1 Foreign
3.3. Training Evaluation course and the text written in the sixth
To compare the observation text made by activity can be a possibility to assess the
every student at the very beginning of the training efficiency. This kind of analysis
has been carried out by two independent argumentations, use of personal point of
researchers by the means of a list of view as an absolute one;
features, as in the following table  Medium Quality (MQ): longer and
(Table 2). Using the above indicators we more structured texts, with a better
identified three quality level of observation separation between interpretative and
text: descriptive data, the point of view more
 Low Quality (LQ): short and not frequently expressed as relative;
structured texts, without separation  High Quality (HQ): texts which
between description and interpretation, present all or most of the indicators
characterized by the presence of typical of an expert approach.
generalizations, deductions without Examples of observational texts are soon
provided.
Indicators to evaluate the qualitative level of observation texts Table 2

Naïve observation text Expert observation text
Text structure
Short and free text Long and structured text (titles, paragraphs, bullet points,
tables)
Context
Absence of information about the Presence of information about the focus of attention and
focus of attention and the aim of the the aim of the observation
observation
Absence of personal hypothesis about Presence of personal hypothesis about eventual aims of
eventual aims of observation observation
Mishmash of description and Separation between description and interpretation of data
interpretation of data
Use of daily language and incorrect Correct use of technical language in adequate contexts
use of technical language in adequate
contexts
Linguistic expressions
The text shows generalizations, The text shows analysis of events and concrete objects
abstractions, deductions without with argumentations; conclusions supported by
argumentations, all-encompassing descriptive and concrete elements, with reference to
conclusions details and intermediate passages
Use of his or her own point of view as Use of his or her own point of view as a relative one
an absolute one
References to unobservable data such References to observable data such as actions, language
as thoughts, feelings, intentions of the of the observed subject and observer’s internal world
observed subject
Use of impersonal linguistic forms Use of personal linguistic forms
Absence or deficiency of cognitive Presence and explicit use of cognitive verbs
verbs
Example 1: LQ observation text result: to put some pieces in the table following
This videotape presents two children playing a criterion. Actually it seems neither one
together with a table, in a free context, in an dominates the other, although there is always a
Infant School. They establish a cooperative leader in every situation, in this case the child
atmosphere, both of them are engaged and who adds the toy pieces. This kind of playing
both are helpful, trying to attain the same expresses cooperative intelligence, or rather,
the child skill of cooperating with others, of could recognize the relationship between
helping, of receiving help, of accepting or children and objects. Children are playing with
asking for it, consequently respecting the other. a puzzle that they have to construct in order to
This situation leads the children toward compose a series. According to Piaget, the
knowing themselves, since they can discover child forms concepts through action, even if the
their limits. At the same time, it expresses action is guided by the adult. One of the phases
bodily-kinaesthetic intelligence which is the during which the relationship between children
skill of using the body to work with objects that and objects develops consists of the
require fine finger movements. Finally there is identification of object functions and the
an atmosphere characterized by joy, attribution of meaning to them. Through the
cheerfulness, curiosity, hope for mutual videotape I could understand:
success and empathy. THE OBSERVER: he/she doesn’t participate in
We consider the above text to be of LQ the activity, because he/she is engaged in video
because: recording.
 the student produces generalizations OBSERVATION SUBJECT: two children are
such as - there is always a leader in every present, engaged in a free time activity which
in this case is completing a puzzle. The puzzle
situation -;
is composed of four kinds of figures: monkeys,
 there is an incorrect use of text bears, elephants and giraffes.
references – This kind of playing expresses SCENE: the videotape is recorded in a section
cooperative intelligence, or rather, the of an infant school, where I can see low yellow
child skill of cooperating with others, of tables used by the children as a base for the
helping, of receiving help, of accepting or puzzle. The floor is blue and behind the tables,
asking for it, consequently respecting the on the wall, there are shelves with several toys
other. In this case the quote is correct, with and didactic objects.
regards to the content. Nevertheless it is OBSERVATION MODALITY: video camera
not coherent with the actions of the OBSERVATION DURATION: 1 minute and 14
seconds
children in the video;
START/END TIME: I don’t know the start/end
 the personal point of view is expressed time
as an absolute one - there is an atmosphere CONTEMPORANEOUS FACTORS: in the
characterized by joy, cheerfulness, section I can see other children engaged in
curiosity, hope for mutual success and other activities. A child is disguised with a long
empathy. Actually feeling an atmosphere is skirt and a bag; other children are running in
a very personal response, which means that the room, and some are engaged at the yellow
different people might experience a tables. I couldn’t distinguish the dialogue
different atmosphere in the same situation; among the children, because there are voices
 there are references to unobservable and noises.
BEHAVIOUR DESCRIPTION: at the
data such as thoughts, feelings, intentions
beginning the video camera frames only a child
of the observed subject, like in the phrase - (A) with a light jumper. He’s engaged in
joy, cheerfulness, curiosity, hope for completing a puzzle. After few seconds a child
mutual success and empathy; with a red jumper arrives (B), holding a piece
 there is no separation between of the puzzle in her hand. She puts it in the first
description and interpretation - This line. A observes the object placement, saying
situation leads the children to know something and he places other figures. A
themselves, since they can discover their collects all of the elephant figures in the third
limits. line, while B is moving to the left keeping in
Example 2: HQ observation text her hand three pieces. B observes the
Regarding the cognitive, social and effective composition, waits a little and then shows the
development of the children in the videotape I puzzle in his hand to A. B points to a place on
the table, saying: “You have to put this figure
here”. A tries to take the piece that B is to scientific theory – Piaget;

keeping in his hand […]  there are particulars and conclusions
HYPOTHESIS AND CONCLUSIONS: the supported by descriptive and concrete
atmosphere is positive, the children seem to elements;
appreciate the activities.
 there are references to observable data
The above text can be evaluated as a HQ
such as actions;
one because:
 the student uses overall personal
 it is a long and structured text;
linguistic forms;
 there are details about duration and
 there are cognitive verbs - I couldn’t
observational method adopted;
distinguish.
 the focus of attention is intentionally
3.4. The Outcomes
declared - I could recognize the
The Table 3 shows a general
relationship between children and objects;
improvement in the observation
 there is a clear separation between
competencies of the participants, both in
description and interpretation of data;
online and in presence Workshop.
 there is a coherent and correct reference
Outcomes of online and in presence Workshop Table 3

Online Workshop
First observation text: tot. 125
LQ: 39 (31%) MQ: 65 (52%) HQ: 21(17%)
Second observation text: tot. 125
LQ: 8 (7%) MQ: 49 (38%) HQ: 68 (55%)
In presence Workshop
First observation text: tot. 117
LQ: 81 (69%) MQ: 36 (31%) HQ: 0 (=%)
Second observation text: tot. 117
LQ: 3 (3%) MQ: 40 (34%) HQ: 74 (63%)
-78 +4 +74
The quality of the majority of the HQ texts from 0% to 63%, and a decrease
observation texts produced as first activity of LQ texts from 69% to 3%.
of the online course are between LQ to These results give an evidence of the
MQ. At the starting point, the participants possibility to train competencies like those
seem to have moreover a naïve approach to we are dealing with, online as well as in
observation methodology. Only 21 texts on presence courses.
125 are HQ ones. On the contrary in the 3.5. On Self Assessment
fifth activity the HQ texts raise up to 68 We intend to provide some further
(+47): there is an increase from 17% to considerations on the self-assessment
55%. At the same time the LQ texts process. In the original form of the
decrease from 31% unto 7%. Workshop used during the academic years
With regards to the in presence 2004/2007, the self assessment was only at
students, nobody writes a HQ text in the
the end of the course, when the students
first essay. The LQ texts are 81 while 36
are MQ. The second texts, written for the were asked to reflect about the training
fifth activity, are visibly better: 74 texts are course in an unstructured way, without any
HQ, 40 MQ and 3 LQ, with an increase of points of reference.
During the last two versions of the the current academic year we included two
Workshop we introduced a more detailed phases of self assessment using two
way to conduct self assessment. In the different tools: the list built by the students
edition 2008/2009 our hypothesis was that, and the list shared with trainers. Before
if the students could know our criteria dealing with the outcomes of our choice,
(shown in Table 2) and could be involved we will illustrate the similarities between
in self-assessment without delay, then their the list of criteria developed by the
metacognitive processes would be students and the list built by the trainers
activated, facilitating them in the transition (Table 5).
from naive to expert approaches. During
Criteria of trainers and trainees Table 5

The evaluation criteria of trainees The evaluation criteria of trainers
TEXT STRUCTURE INDICATORS
Detailed description of event Long and structured (titles, paragraphs, bullet
points, tables)
CONTEXT INDICATORS
Observer and observation context Presence of information about the observer and the
context of observed situation
Time of observing Presence of information about video tape duration
and time of observing
Methodology Presence of information about tools and
observational method adopted
Clarify what and why do you observe Presence of information about the focus of
attention and the aim of the observation
Descriptive language. Separation between descriptive and interpretative
Express interpretation in adequate way data
Selection of useful data Presence of hypothesis about the aim expressed;
selection data focused on aim expressed
Reference to theoretical frame Presence of textbook references and quotations
References to concepts coming out from the book
or the forum
Use of technical language in adequate context
LINGUISTIC EXPRESSION INDICATORS
Use of adequate language Presence of analysis of events and concrete
objects, with argumentations; conclusions
supported by descriptive and concrete elements;
references to details
Use of his or her own point of view as a relative
one
References to observable data such as actions,
verbal and non verbal languages of the observed
subject and observer’s internal world
Use of personal linguistic forms
Explicit use of cognitive verbs
3.6. The Outcomes of the Workshop for produced by the students, because the
Observing Children at School course ended in February 2009, and we are
2008/2009 still collecting the data. Of the 220
We deal with the outcomes of the participants, we have now analyzed the
2008/2009 version of the online work of 135 subjects. As the
Workshop. Our analysis is preliminary, in characteristics of the sample are the same
fact it is based only on a part of the texts of the previous Workshop, it makes sense
to compare the data. Table 6 shows the observation text is larger than in the
improvement of observation skills among previous versions of the Workshop. Only 4
this group: it is evident that the percentage subjects wrote LQ final texts.
of students who wrote a HQ final
Outcomes of the Online Workshop 2008/2009 Table 6

Online Workshop 2008/2009
Initial observation text: tot. 135
LQ: 62 (46%) MQ: 57 (42%) HQ: 16 (12%)
Final observation text: tot. 135
LQ: 4 (3%) MQ: 18 (13%) HQ: 113 (84%)
-58 -39 +97
To provide and share the evaluation confronting gave the opportunity to

criteria in the first part of the course with develop professional skills in observation
the students seems to be helpful. In method.
addition, from a qualitative point of view, The relevance of eliciting metacognitive
some students clearly affirmed in their reflection in learning process is evident.
final dossier that they could understand We can conclude that in this way the
their errors through the activities of self- students become protagonists of
assessment, as the below quotations show. knowledge building in every aspect.
Comparing the observation text done at
the beginning of the course with the one 4. Conclusions
done at the end, I noted very much The analysis of the study case seems to
differences. I understood these differences reach two important results: on one hand
using both the indicators negotiated with the considered Workshop conducts to quite
my group and the indicators offered by the the same outcomes both in the in presence
trainers (I noted several common points and in the online version. This result puts in
between the two lists). I believe that the evidence that a direct intervention of
second text is better than the first one teacher seems to be not so relevant in the
because I can identify in it the typical training process. This kind of result is
figures of an expert approach. confirmed by the final judgements that
Through the self-assessment and the online and in presence participants obtained
for the acknowledgment of the Workshop.
comparison between the two texts, I
In the online course 47 students had a very
discovered by myself the difference
good evaluation, 57 a good evaluation, 12
between a naïve observation and an expert
an average evaluation, 9 a sufficient
one, and understand how my own thinking evaluation. In the in presence Workshop 69
changed. students had a very good evaluation, 31 a
During the evaluation of the first movie, good evaluation, 13 an average evaluation,
within our group different positions have 4 a sufficient evaluation.
emerged and this, of course, led to some On the other hand it is possible to affirm
conflicts. This is not bad! In fact, I that a positive correlation exists between
personally think that conflicts will help high performance in observation method
people to source better ways of and self-assessment activities. Our
understanding. Interacting and openly research seems also to demonstrate the
importance of sharing with students the 4. Bruner, J.: Acts of Meaning.

criteria that establish the difference Cambridge, MA: Harvard University
between a naive and an expert way to Press, 1990.
develop an observation text. Usually the 5. Bruscaglioni, M.: La gestione dei
different levels of knowledge and processi nella formazione degli adulti
competencies between trainees and trainers [Training process management with
represent a problem. In order to reduce this adults]. Milano: Franco Angeli, 2002.
gap, the student can be asked to devise 6. Carugati, F. & Selleri, P.: Psicologia
criteria for evaluation. The trainers’ criteria dell’educazione [Education Psycho-
can be made available to the students, logy]. Bologna: Il Mulino, 2001.
thereby promoting a comparison and a 7. Doise, W. & Mugny, G.: Le
reorganization. The next step in this développement social de l’intelligence.
direction could be to encourage a peer-to- [Social development of intelligence].
peer review. After the final individual self- Paris: Interéditions, 1981.
assessment, it could be useful to ask the 8. Gardner, H.: The unschooled mind.
students to participate to another web- How children think and how schools
forum. The aim can be to give a reciprocal should teach. New York: Basic Books,
assessment of their own works, analysing 1991.
the quality level of the final observational 9. Jonassen, D. H.: Objectivism versus
texts within the small group. The activity constructivism: Do we need a new
of reciprocal assessment might help philosophical paradigm? Educational
students to understand not only the Technology Research and
changes in their own activities, but also the Development, 1992a, 39(3), 5-14.
possible mistakes and improvements of the 10. Jonassen, D. H.: Evaluating
other participants. Through this constructivistic learning. In T. M.
modification the students would receive at Duffy, & D. H. Jonassen (Eds.).
least three different kind of evaluation: Constructivism and the technology of
self-assessment, peer to peer review and instruction, 137-148. Hillsdale, NJ:
curricular evaluation of trainers. Lawrence Erlbaum, 1992b.
11. Knowles, M.: Using learning
Other information may be obtained from contracts: Practical approaches to
the address: nicolini@unimc.it. individualizing and structuring
learning. San Francisco: Jossey-Bass,
References 1986.
12. Kuhn, T.S.: The structure of scientific
1. Arfelli Galli. A. (Ed.): Didattica revolutions. Chicago: The University
interattiva e formazione degli of Chicago Press, 1996.
insegnanti [Interactive didactics and 13. Lakoff, G.: Women fire and dangerous
teacher training]. Bologna: Clueb, things. Chicago: University of Chicago
1997. Press, 1987.
2. Bennet, R.E.: Reinventing assessment: 14. Lesh, R. & Doerr, H.: Beyond
speculations on the future of large- constructivism. London: Lea, 2003.
scale educational testing service. 15. Mason, L.: Introducing talking and
Princeton NJ: Policy Information writing for conceptual change: a
Center, 1998. classroom study. Learning and
3. Bion W. R.: Experiences in Groups. Instruction, 2001, 11, 305-329.
London: Tavistock, 1961.
16. Mason, L. (Ed.): Psicologia 21. Piaget, J.: Genetic epistemology. New
dell’apprendimento e dell’istruzione York: Columbia University Press,
[Educational and instructional 1970.
Psychology]. Bologna: Il Mulino, 22. Pojaghi B.: Il gruppo come strumento
2006. di formazione complessa [Group as a
17. Nicolini, P., Lapucci, T. & Moroni, C.: tool to complex training]. Milano:
Is it possible to train professional skills Franco Angeli, 2000.
online? Teaching- learning strategies 23. Rafaeli, S. & Tractinsky, N.: Time in
to improve practices change in online Computerized Tests: A multi-trait
learning. In Lionarakis, A. (Ed.). Multi-method Investigation of General
Forms of Democracy in Education: Knowledge and Mathematical
Open Access and Distance Education, Reasoning. In Online Examinations.
Proceedings of 4th International Computers in Human Behavior, 1991,
Conference on Open Distance 7, (2), pp.123-142.
Learning, vol. A, Researches. Athens, 24. Rafaeli, S., Barak, M., Dan-Gur, Y. &
Greece, 2007, 206-212. Toch, E.: Knowledge sharing and
18. Nicolini, P., Lapucci, T. & Moroni, C.: online assessment. In Proceedings
Self assessment: a crucial process in e- Online of IADIS, 2003:
training, in Kinshuk, Demetrios, G., http://www.iadis.net
Sampson, J., Spector, M., Isaìas, P., 25. Rafaeli, S.,& Tractinsky, N.:
Ifenthaler D. (Eds.). (2008). Computerized tests and time:
Proceedings of 5th International measuring, limiting and providing
Conference “Cognition and visual cues for time in computerized
Exploratory Learning in Digital Age”, tests. Behavior and information
2008, 253-260. technology, 1989, 8, (5), pp. 335-353.
19. Nicolini, P., Lapucci, T., Moroni, C.: 26. Scardamalia, M. & Bereiter, C.:
The role of cognitive conflict and peer Knowledge building. In Deighton L.
interaction in conceptual change: a C. (Ed). Encyclopedia of education.
course on child observation practices, Macmillan Reference, 2002.
Gestalt Theory, 2008, 30 (4), 447-454. 27. Sternberg, R.: Thinking styles. Boston:
20. Nicolini, P., Moroni, C., Lapucci, T. & Cambridge University Press, 1997.
Kinshuk, K.: Teaching–Learning 28. Vrasidas, C.: Constructivism versus
online strategies: conceptual change objectivism: Implications for
and negotiation, in Kinshuk, interaction, course design, and
Demetrios, G., Sampson, J., Spector, evaluation in distance education.
M. & Isaìas, P. (Eds.). Proceedings of International Journal of Educational
4th International Conference Telecommunications, 2000, 6(4),
“Cognition and Exploratory Learning 339-362.
in Digital Age”, 2007, 85-92.
A ROMANIAN – BELGIAN COMPARISON

ON WORK RELATED STEREOTYPES
AND BEHAVIOURS
C. TRUŢA1 B. BROIDIOI2
Abstract: In the larger context of controversies on West-European – East-

European countries differences, the present paper analyzes a more specific
intercultural difference that may have its roots in the dominating values of a
West-European society vs. an East-European one. We refer mainly at the
differences between the Romanian and the Belgian culture regarding the way
individuals from the two countries see work, the way they relate to work,
their beliefs and stereotypes regarding work, and their work related
behaviours. The paper tries to outline the fact that the cultural differences on
work related stereotypes and behaviours surpass the existing similarities that
are a result of the multiple influences both societies were subject of.
Key words: work stereotypes, behaviours at work, Romanian culture,

Belgian culture.
1. Introduction a wide appreciation for many forms of

A Romanian – Belgian comparison may culture and identities. Being submitted to
always be considered as being a mere the Romans, the Spanish, the Austrians,
example of the larger comparison between the French, the Dutch and the Germans,
West-European countries and East- has turned Belgian culture into a rich
European countries. But the reality influenced estate but also turned it into an
sometimes contradicts common sense. individualistic culture, despising authority
Despite the fact that the two cultures [14].
belong indeed, from either an historical, A direct consequence of the eclectic
cultural, and/or economical point of view, culture is the diversity that characterizes
to very different regions of Europe, the two both counties.
analyzed cultures have many common Diversity, as well as equality and
aspects. freedom, are important values for Belgians
Both the Romanian and the Belgian and are manifested in anti-discrimination
culture are eclectic cultures. The Romanian laws, and even more in common habits
culture is an eclectic one as a result of such as clothing, eating patterns and the
multiple influences to which it was the expression of physical relations [6]. The
subject of along its history [9]. The many existence of opposite elements in the same
immigration waves from Italians, and, geographical space or in the same space of
more recently, North Africans, turned thinking and action is the modality in
Belgium into an eclectic society also with
1
Faculty of Psychology and Educational Sciences, Transilvania University of Braşov.
2
Faculty of Political and Social Sciences, Ghent University, Belgium.
which diversity manifests in the Romanian orientation [10]. In a rather individualistic

society [9]. country, people tend to have more loose
These are just few of the cultural aspects relationships than in the countries
that could be considered as criteria for an characterised by collectivism. In Belgium
intercultural comparison between the people stress on personal goals,
Romanian and the Belgian culture. The achievements and individual rights. It is
present article intends to make a pertinent expected from each other to fulfil their
comparison regarding only work related own needs. In Belgium, group work is
practices and behaviours in the two important, but everybody has the right to
societies. Even though the cultural give his own opinion.
dimensions, especially the dominating Concerning the distance to power, both
values of the two cultures, might be the Romania and Belgium have a rather high
underlying factors behind the analyzed power distance [9-17]. In Romania the
differences, we do not intend to find a inequity between different social classes or
cultural explanation for the identified between superiors or subordinates is high.
differences but, merely, to accurately Belgium, on the other hand, exhibits an
describe them in terms of practical unequal distribution of wealth. Belgium
implications for the working environment. does not have an enormous gap between
the wealthy and the poor, but they have a
2. Romanian – Belgian Cultural very strong belief in equality for each
Differences on Hofstede’s Dimensions citizen.
The main criterion when making an Another common characteristic of the
intercultural comparison in the area of two analysed cultures is the fact that both
work and organizations is Hofstede‟s are rather feminine cultures [1-17].
theory on cultural differences. According Masculine traits such as assertiveness,
to his study‟s results, cultures can be materialism/material success, self-
defined through a number of five centeredness, power, strength, and
characteristics [17] These characteristics individual achievements are not main
are bipolar dimensions: power distance – characteristics of the two countries. The
the equity or inequity between superiors stress on quality of life and social security
and subordinates in an organization; makes Belgium a less masculine state as
uncertainty avoidance - lack of tolerance opposed to other European countries.
toward ambiguity and the need for formal Uncertainty avoidance is the dimensions
rules or the openness toward change; that differentiate both Romanian and
individualism vs. collectivism – the Belgium culture from the rest of Europe
distribution of attention, resources and Union countries. Both societies have high
personal commitment toward the self or level of uncertainty avoidance [9-17].
toward the belonging community; Belgians are not keen on uncertainty; by
masculinity vs. feminity – the focus on planning everything carefully they try to
personal objectives (material rewards, avoid the uncertainty. The vast amount of
promotion) and assertiveness which are in rules also reveals the high level of
opposition with interpersonal purposes uncertainty avoidance. Romanians avoid
(friendly climate) and tolerance; short-term uncertainty by finding easy temporary
vs. long-term orientation [9-17]. solution to encountered problems.
The Romanian culture is characterized A particularity o the Romanian culture is
by a rather collective orientation [1] while the strong short-term orientation [1].
Belgium‟s culture has an individualistic Values associated with short-term
Truţa C., et al.: A Romanian – Belgian Comparison on Work Related Stereotypes … 125
orientation are respect for tradition, On the other hand, Belgians workers are
fulfilling social obligations, and known for compromise, negotiation and
protecting one's face [17]. Thrift and common sense [13]. They are known for
perseverance are the main values that appreciating clear facts and figures. This is
characterize a culture with long-term confirmed in practice. Belgian managers
for example are often praised for their
orientation such as the Belgian one [10].
compromises. Belgians don‟t place
themselves on the foreground, but they
3. Work related stereotypes in the two perfectly know how to cope with different
cultures cultures [15].
Many of the stereotypes and work related
Organizational structures are mostly
behaviours in the Romanian organizations
horizontal and simple in Flanders, with
derive from the main values of the
participatory management, active
Romanian culture as presented above.
consensus and delegation of responsibility.
One common stereotype in the transition
Walloons opt for structure, formal
period after the fall of communism was
organization, clear hierarchical systems
that Romanians do not work. When stating
and directive leadership. Job titles and
that Romanians are lazy, individuals do not
ranks are important for Walloons as well
refer to themselves, but to the others [5].
as for Flemish.
The identification is not with the whole
Finally, stereotypical Belgian values
population, but only with those who are
such as motivation and perseverance are
considered to have positive characteristic.
appreciated abroad, in combination with
This stereotype is slowly changing. Studies
their flexibility and down-to-earth attitude.
made on high-schoolers and students [7]
However it also has to be stressed that it‟s
show that this category of population
not always „all work and no play‟ for a
considers Romanians are hard-working and
Belgian. They might work a lot but also
ambitious.
take time to thoroughly enjoy their (often)
In the Romanian public institutions the
scarce free time [11].
state is still seen as impersonal. The
practical consequence is the belief that not
4. Attitudes toward work in the two
working affects no one [5]. In Romania the
countries
capitalism principle “time is money” is
Every individual seeks in a job specific
taken into account rather in a symbolic
characteristic which motivates him to
perspective than in a practical one. Many
perform that work. The motivational
Romanians loose a great deal of time in
values of work differ not only from one
order to benefits from cheaper services but
individual to another but, also, from one
request punctuality and time efficiency
culture to another.
from the institutions or organizations
For Romanians the most important
perceived as having occidental claims [5].
characteristics of a job are related to security
Another powerful stereotype in the
and big earnings [2]. For 75% of the
Romanian society is that there is
Romanians the security of the job is the most
corruption at all levels. This leads, in
important motivational value. The promotion
particular situation, to superficiality at the
opportunities, an interesting work, working
workplace [5]. The work in Romanian
independently or being helpful to the society
organization is governed rather by values
are less important characteristics. Between
related to personal relation than work
30% and 43% of the Romanians are driven
related values [9].
to work by these characteristics.
On the other side, Belgians are not employment commitment. According to

motivated by the big earnings. Only 18% the result of the Soros Foundation Study
of the Flemish population consider this [2], only 6% of the Romanians consider
aspect as the most important in a job [2]. the jobs as being more then just a source of
The safety of the job and doing an money. 17% of the respondents would still
interesting work are much more motivating work even if they didn‟t need money.
aspects. Despite the fact that only 2% of These low percentages indicate that a third
the Belgians consider that their jobs assure of the Romanian adult population has a
them big earnings [2], they are the second low level of employment commitment [2].
most productive workers in Europe [13]. Comparative studies show that the
When asked about the importance of Belgians are even less committed to work
work Romanians have different answers than Romanians (the calculated index for
depending on the interviewing conditions. Belgium is 10 while for Romania is 13)
In informal and unstructured situations, [2]. Still, Belgians have different responses
many declare that, in general, Romanians on the two dimensions. 12% of them agree
are not hard workers, while in structured that the job is more than just a source of
and formal interviews the respond is money, but only 7% would still work if
completely different. Heintz argues that they didn‟t need the money.
Romanians work rather for the results of According to the same study, Romanians
their work then for the work itself [5]. In are more willing to overwork for their
the services business, the motives of doing organization than Belgians are [2]. This
a good job lay in the responsibility toward means that Romanians are more committed
the manager, the co-workers or toward the to their organizations. This result is
clients rather then in the responsibility intriguing if we take into account the fact
toward a professional demand. that Romanians are less satisfied with their
Only 46% of the Romanian place work jobs than Belgians [2]. A possible
as the main solution to succeed in society. explanation of this result might be that the
The rest of the population considered luck most important characteristic of a job for
and faith as determinants of the successful the Romanians is security. Even though
social adaptation. In the Romanian they are not completed satisfied with their
organizations work is seen as superficial, job, they do not intend to leave a job that is
disorganized, unequal, and efficient only in consider to be safe.
the presence of superiors [3]. Romanians prefer to work rather for
The situation is quite different in the someone else than on their own (63% of
Belgian culture. Belgium is a genuine the working population prefer to be an
collective bargaining economy in which a employee for someone else and only 30%
great deal is regulated by agreements to work on their own) [2]. The need for
between worker and employer
safety is also seen in the preference for
representative organizations [13]. In a
working in a big company and for the state
2009 study made by the British
Psychological Society, Belgians rated rather than in a private company [2-5].
themselves higher on competency than Belgians, on the other hand, prefer in a
they did on warmth [4]. Belgians consider significant greater measure to work in a
themselves hard workers, with an private company (52% of the investigated
appreciation for culture [16]. population) [2]. In concordance with their
In analyzing work related attitudes and stereotypes, they also prefer to work as
behaviours, we must also take into account employee for someone else (65%).
Truţa C., et al.: A Romanian – Belgian Comparison on Work Related Stereotypes … 127
5. Comparative Analysis of is still much preferred. Especially at work,

Communication Practices at Work where business communication is even
One last aspect that we would like to subjected to a set of rules, depending on
take into account in this article is related to the goal of the text [8]. E-mail is often
the cultural differences in the used, even in formal situations, whereas
communication practices at work. face to face contacts are no longer a must.
Romanians‟ discursive practices vary The stress lays on the information of the
between words and silence. In the public message. The listener stands critical
speeches, argumentative speeches, or even towards the information he receives and it
in the informal situations, communication is common that he reacts and questions the
focuses mainly on the speaker, on what content of the message [12].
he/she has or want to say, and less on the As mentioned before, Belgians are fond
listener‟s needs. This tendency is easily of clear facts and figures. Therefore the
observed even in work situations like content of the message in formal situations
meetings or in the educational environment such as lectures and presentations is
[9]. Romanians prefer oral instead of neutral and objectively approached in
written communication, many business order to keep the information from being
agreements are first made only through distorted.
oral communication. Face to face
communication is preferred to mediated 6. Conclusions
one. Both Romanian and Belgian work
In many communication situations, the related stereotypes and behaviours lay in
degree in which the two interlocutors focus the cultural particularities and in the main
on the information is low: subjects are values of the two countries. As part of a
discussed from a general perspective and collective, short-term oriented and
the speaker assumes that the listener share collective culture, Romanians seek security
the same information as he does. and big earnings in a job. Despite the fact
The persuasive components of the that work is seen most as a source of
communication lay not in the transmitted money and does not motivate through
information but in the personal relation itself, Romanians are not likely to easily
between the interlocutors [9]. The leave their job. Romanians behaviour in
communication, as well as the work, is interpersonal or work situation is still
governed by the values of interpersonal governed by the traditional values.
relation and the desire to keep the personal Interpersonal relations are of great
relation with the interlocutor [5]. importance for Romanians; unwritten rules
Lack of assertive behaviour in that govern this type of relations are
communication is a consequence of the considered to be the norms for behaving in
previous mentioned prudence. Not stating every kind of situation.
clearly something leaves the opportunity Unlike in Romania, stereotypes about
for modifying the meaning of work related behaviour in the Belgian
communication without affecting the society are grounded, they are productive
personal relation. In some situation and more motivated by the nature of the
work than by its profit. Like in many other
questions are seen as a threat and, West-European countries, a lot of activities
therefore, the listener avoids asking them. in Belgium are abided by implementation
In Western European countries, such as and regulation even though there is a
Belgium, oral tradition is less present than strong sense for freedom of speech, free
in other cultures. Written communication opinion and tolerance.
Other information may be obtained from oad/art/A011_Autostereotipul.pdf.

the address: camitruta@unitbv.ro. Accessed: 03-09-2009.
8. Ronin, V.: Russen en Belgen: is het
References water te diep? (Russians and Belgians:
the water is too deep?). Antwerpen.
1. Avram, E., Cooper, G.L. Psihologie Benerus, 1998.
organizaţional – managerială. 9. Serbanescu, A.: Cum gandesc şi cum
Tendinţe actuale (Organizational and vorbesc ceilalţi. Prin labirintul
managerial psychology. Trends). Iaşi. culturilor. (How do others think and
Polirom, 2008. speak. Through the maze of cultures).
2. Comsa, M., Rughinis, c. Tufis, C. Iaşi. Polirom, 2007.
(2008). Atitudini fata de munca in 10. http://www.clearlycultural.com/geert-
Romania (Work attitudes in Romania). hofstede-cultural-dimensions/power-
Available at: http://www.osf.ro/ro/ distance-index. Accessed. 21.04.2009.
publicatii.php?pag=2. Accessed: 10- 11. http://www.intercultures.ca/cil-cai/
08-2009 overview-apercu-eng.asp?iso=be.
3. Constantin, T.: Evaluarea psihologica Accessed: 25-04-2009.
a personalului (Psychological 12. http://www.klasse.be/leraren/archief.p
assessment of employees). Iaşi. hp?id=6364. Accessed: 20-04-2009.
Polirom, 2004. 13. http://www.diplomatie.be/en/belgiu
4. Cuddy, A.J.C., Fiske, S.T. et al: m/belgiumdetail.asp?TEXTID=490
Stereotype content model across 19. Accessed: 12-08-2009.
cultures: Towards universal 14. *** Belgium: society, character and
similarities and some differences. In: culture. An essay on the Belgian
British Journal of Social Psychology identity. Available at: http://pespmc1.
(2009) Vol. 48 (1), p. 1- 33. vub.ac.be/BelgCul2.html. Accessed:
5. Heintz, M.: Etica muncii la romanii de 04-05-2009.
azi (Ethics of work at nowadays 15. *** Belgian managers do well abroad.
Romanians). Bucuresti. Curtea Veche, Vlerick Management School Report.
2005. Available at: http://www.vlerick.be.
6. Misra, J., Moller, S.: Familialism and Accessed: 21-04-2009.
Welfare Regimes: Poverty, 16. *** Eurobarometer survey on cultural
Employment and Welfare Regimes. values within Europe. Available at:
Available at: http://www.umass.edu http://ec.europa.eu/dgs/education_cult
/sadri/pdf/WP/WP%20-%20Misra%20 ure/publ/pdf/culture/barometer_en.pdf.
Moller.pdf. Accessed: 04-05-2009. Accessed: 04-05-2009.
7. Robu, V.: Auto-stereotipul etnic la 17. *** Geert Hofstede - Cultural
liceenii barladeni. (Ethnic self- Dimensions. Available at:
stereotype at High-schoolers in http://www.geert-hofstede.com/hofs
Barlad). Available at: tede_belgium.shtml. Accessed: 29-04-
http://www.psihologiaonline.ro/downl 2009.
THE TRAINING OF TEACHERS

IN A SOCIETY OF INFORMATION
AND COMMUNICATION
Mihaela VOINEA 1
Abstract: This article is focused on the impact of the information and

communication society on the teacher and teaching. The contemporary
society requires a new type of culture and civilization. The teacher training
must redefine itself according to the new standards of society and students’
needs. The teacher should be able to create a learning context in which
students can develop active and constructive processes of acquiring
knowledge and skills that stimulate students to set their goals and take
responsibility for their own learning activities and processes. The
constructivist paradigm can help the teacher to assume the new role.
Key words: teachers training, communication society, competences,

innovative teacher, constructivist paradigm.
1. Introduction The teacher training must redefine itself

The problem of teacher education and according with the new teachers’ role. The
training is a contemporary problem, because constructivist paradigm is a real solution for
the social impact of school and teachers is teacher training and teacher career
major. We cannot speak about school development.
without taking into consideration the
relationship between society and school. 2. The Training of Teachers in the
The contemporary society, which is Communication Society
dominated by change and diversity, by The roles of teachers today are more and
globalization and postmodernist values, more complex.
affects the school world. The Some roles are being extended (for
communication society requires a new type example the classic role of teaching is
of culture and civilization to impose new today very rich: to teach means more than
capacities in order to cope with the change transmitting information. To teach means
and the information. to create an adequate learning context, to
Teachers are the main factors who can use ICT, to monitor students’ learning, to
make the change because they are “forces help students become active participants in
of changes” [5]. learning etc.).
Therefore we need teachers who are These challenges in teachers’ roles and
innovative, who have social competences, competences determinate challenges in
who are able to promote the desirable teachers’ training. “Undoubtedly, the
changes. teaching profession is currently facing new
kinds of pressure and undergoing profound
1
Faculty of Psychology and Educational Sciences, Transilvania University of Braşov.
changes regarding roles, competences, majority, 32% are the late majority, 6 %
values, the basic knowledge of teacher are conservatory. [9]
training, training strategies, the assessment It is the same relatively automatic
system and professional certification” [11, process after the innovators succeed to
p. 217]. convince “follows innovators” and they are
Today teachers must use collaborative opinions leaders.
learning strategies, cooperative learning The same conclusion has been
and project-based learning to develop emphasized in a national study on the
social competences in students. Another curriculum impact in May-June 2001 in
requirement for teachers is to integrate and our country. This study has demonstrated
use ICT in schools. that teachers can be classified in: the
“Teachers will also have to learn how to reformers, the opportunists, the
organize group activities and conduct conservatives.[12]
individual and collective projects, not only The reformers are consistent in applying
with pupils, but also in the context of team the new curricula. They represent ¼ of the
work with other teachers, whether single- teachers but they are not encouraged in the
subject or inter-disciplinary projects.” [3, institutions.
p. 24] The opportunists represent ¼ of the
The teaching profession is facing new teachers. They do not oppose and do not
kinds of responsibilities, roles and promote news. The conservatives represent
competences. “The teaching profession is 1/3 of the teachers; the youngest and the
currently in a phase of transition, which oldest are yet in the “routine didactic
will end in the emergence of a new type of zone”.
professionalism” [11, p. 218]. The general conclusion is that “the
Therefore, the teacher training and teacher teachers’ culture is dominated by
education should be matched with the new conservatism and conformity”. Because
social demands and students’ needs. The the reformers are few, teachers shall be
competent teacher is an innovative teacher encouraged and other teachers must be
who is able to make multiple decisions in trained to be innovative.
particular contexts. Stenhouse, in a study about teachers as
A lot of studies approach this topic: who keys to the changes of the curricula,
is the innovative teacher? What are the emphasizes three major characteristics that
pedagogical qualities of the innovative teachers who are involved in the curricula
teacher? change:
The studies [2], [5], [9] show that the 1. permanent self-evaluation as the base
teachers who are reflexive, who promote for self development
the educational change and who have a 2. skills and desire to study his/ her own
clear self image (a professional self image) didactical behavior
are innovative teachers. This type of 3. concern to introduce in practice new
teacher is very important for school, ideas and to evaluate them
because he or she can induce an Another study shows the correlation
“innovation wind” in school culture. between the capacity of reflection and the
For example, a research on the way of innovation. [apud. 9]
propagating change into population has Fullan identifies four characteristics for a
demonstrated that: 4% are innovators, 18% teacher who is “the change agent”: ” I see
follow innovators, 32% are the early four core capacities required as a
generating foundation for building greater
Voinea, M.: The Training of Teachers in a Society of Information and Communication 131
change capacity: personal vision / building, strategies, to reflect on personal qualities

inquiry, mastery and collaboration” [5, and weaknesses, it is a strong argument for
p. 12]. teacher training.
All these opinions underline that the “Teacher-educators should treat teachers
innovator teacher is a teacher who is a as they expect teachers to treat students”
change agent, a teacher who learns [apud 11, p. 237].
continuously, who is reflective and has a Another aspect of the innovative teacher
high level of mastery and collaboration is the school culture. This can promote or
with his colleagues. stop the innovation in school.
We consider that the innovative It is necessary to create what Rosenholtz
pedagogical behavior can be analyzed at calls: “a dynamic school”, which consists
two levels: of: a high level of agreement, high level of
The first level of the innovative didactic abnegation, collaboration, cohesion, rich
behavior is: to use the new assessment learning, certainty of pedagogy. [apud 7, p.
methods, the cooperative learning, to 106]. The teachers need a culture of
develop critical thinking in their students, to change.
develop emotional intelligence in their The constructivist paradigm in teacher
students, to reflect on the personal didactic education and teacher career development is
level of competences etc. a real solution to produce an innovative
At the second level, the innovative teacher who creates a culture of changes.
didactic behavior is: to propose new
curricula, new assessment and teaching 3. Research Design
methods, to develop and test new We were interested in identifying the
interactive methods, to develop and account characteristics of innovative teachers, the
new strategies of self assessment etc. [13]. impact of school culture for innovative
In other words, the innovative teacher can teachers and the training for innovative
be “a user of didactic innovation”, this is the teachers.
first level of innovation or he can be “a The research has been developed over
producer of didactic innovation” – the three years and 200 teachers, 200 students
second level. and two schools have been involved.
A lot of competent teachers are situated at In this paper we present only the
the first level. The goal of teacher training is experiment with the teachers involved in
to develop the second level of didactic constructivist teacher training. We
innovation. organized a natural experiment with 100
The strategy to develop competent and in- service teachers who were involved in a
innovative teachers is represented by the teacher training.
constructivist strategies. Our general hypothesis was this: if the
The constructivist paradigm represented teachers follow a constructivist training to
by J. Piaget, L. S. Vigotski etc. states that examine personal pedagogical behaviour,
cognition must be built by experience. then they became teachers with a clear
If the constructivist paradigm is present in professional self image and consequently,
students’ learning, then the constructivist innovative teachers.
paradigm must be present in teacher The dependent variable was the
training and teacher education too. professional self-image and the
Because the constructivist learning independent variable was the constructivist
involves sharing experience and the teacher training program. The variables
capacity to reflect on personal learning were measured at the beginning and at the
end of the teacher training program. The - to develop critical thinking on

methods which were used were: the test personal didactic behaviour
“Who I am”, the participative observation, - to develop motivation to progress in
the interview. teaching career
We applied a teacher training program - to develop innovative didactic
basis of constructivist paradigm. We used behaviour
a test called “I, the teacher”, who was - to develop the consciousness of
adapted from the test “Who I am”. The test teaching identity
is adequate for our goal because it invited The training program used critical
the teachers to know themselves, to reflect thinking methods and the teachers were
on themselves and helped us know the asked to reflect on their teaching style,
level of self image of the teachers. assessment style, communication style,
The teachers must be able to critically their didactical qualities and weakness.
analyze personal didactic behaviour We analyzed the compositions from a
(personal pedagogical values, motivation, qualitative and quantitative point of view.
didactic style etc) in a composition with
the title “I, the teacher …”. The test was 4. Results and Discussions
applied at the beginning and after the The quantitative results show that at the
training program. beginning of the training program the
The training program targeted goals such capacity of reflection was weak. The
as: frequencies of topic are presented in
- to develop the capacity of reflection table 1.
The frequency of topics at the beginning of the training program Table 1

Topics in teachers’ composition Frequency
1. Personal qualities 68%
2. Teaching behaviour 67%
3. Teaching motivation 65%
4. Relationship with students 63%
5. Professional identity 60%
6. Career progress 55%
After the training program, the approach more professional. The results
composition was more profound and the are presented in table 2.
The frequency of topics after the training program Table 2

Topics in teachers’ composition Frequency
1. Lifelong learning 55%
2. The extended didactic experience 50%
3. Share the didactic experience 48%
4. Personal qualities 45%
5. Teaching behaviour 44%
6. Relationship with students 40%
Voinea, M.: The Training of Teachers in a Society of Information and Communication 133
The qualitative analysis shows that the learning.

composition style has changed at the end Thus the continuous professional
of the training program. development is a necessity for all today’s
If at the beginning, the composition style teachers.
was formal and superficial, in the end, “Creativity and creative self image can be
after reflection and critical analysis of developed and nurtured to a great extent
personal didactic behaviour, the through professional development.”[apud.
composition style was deeper and more 10, p. 56].
professional.
We reproduce a fragment of a teacher’s 4. Conclusions
composition: “I can say that I have learned The results of our research show that the
something new. We must continue to teachers who were involved in a
change ourselves. We must have the constructivist teacher training program
courage to give opinions as we give them have developed their capacity of reflection
in this course.” (U.M. S.) and the motivation to progress in their
Another fragment of the teacher’s teaching career. This training program
composition is important: “I am 50 years offered the opportunity to reflect and
old and I understand that I must change my develop personal pedagogical behaviour,
attitude. I should be more tolerant and including innovative behaviour.
creative. I should be a partner for my The constructivist training can help the
students” (I.F.) teacher to assume the new role as partner,
This result was confirmed by the co-learner with his students.
observation which we used. We wrote The majority of teachers have expressed
down the number of active participants of the need to share the didactic experience
debates and the contents of the debates. with their colleagues: they need to
The content of debates was centred on experiment the constructivist learning in
teachers’ needs: to share didactic teacher education and teacher training:
experiences, to collaborate with they need the constructivist trainer and the
colleagues, to develop the didactic constructivist school culture. The training
competences, to develop a teaching career. program offers the opportunity to ask
The results show that the teacher training themselves about their professional
must begin by clarifying the professional identity and professional competences.
identity, which is the core of didactic A training program based on
professionalism. Regarding the priorities in development of innovative behaviour is
the continuous training of the teaching staff, necessary in our contemporary society,
modernisation of the training ways and because “unless teachers are seen as agents
methods plays a very important role. Thus of innovation in the educational system, it
the constructivist paradigm is a real solution will be very difficult for them to hold on to
for teacher training and trainers’ training. an important role in schooling at all” [8, p.
When teachers are aware of their role and 244].
responsibilities, they can engage their
students in exploring and constructing the Other information may be obtained at:
knowledge and positive attitudes of mihaela.voinea@unitbv.ro
References 8. Kynigos, C.: Teacher Training and the

Teaching Profession, In Learning and
1. Bengtson, J.: „What is Reflection? On teaching in the communication society,
reflection in the teaching profession Council of Europe Publishing, 2003.
and teacher education” In Teachers 9. *** M.E.C.: Educational Management
and Teaching. (1995) vol. 1, No.1, 23- for Schools, Bucureşti, 2001.
31. 10. Oreck, B: The Artistic and
2. Bolhuis, S: Towards process/oriented Professional Development of
teaching for self-directed lifelong Teachers. A Study of Teachers
learning: a multidimensional Attitudes Toward and Use the Arts in
perspective, In Learning and Teaching, In Journal of Teacher
instruction 13 (2003), 327-347. Education, Vol. 55 (2004), No. 1,
3. Chauve, P.: A Challenge for Europe’s January/ February, p. 55-69.
Education Systems, In Learning and 11. Potolea, D.: Reshaping the Teaching
teaching in the communication society, Profession in an ICT-Enriched Society,
Council of Europe Publishing, 2003. In Learning and teaching in the
4. Dinkelman T.: Self Study in Teacher communication society. Council of
Education A Means And Ends Tool Europe Publishing, 2003.
For Promoting Reflective Teaching, 12. Vlăsceanu, L. (coord.): Scoala la
Journal of Teacher Education, (2003) rascruce. Scimbare si continuitate in
Vol. 54, No. 1 January/ February, 6- invatamantul obligatoriu. Studiu de
18. impact [School in crossing. Change
5. Fullan, M.: Change Forces – probing and continuum in curricula] Iaşi. Ed.
the Depths of Educational Reform, Polirom, 2002.
London, Falmer Press, 1993. 13. Voinea, M.: Cadrul didactic-agent al
6. Hadzilacos, T.: The processes of reformei educationale (reconstructia
learning and teaching in the competentei profesionale) [The
communication society, In Learning Teacher-agent of educational reform
and teaching in the communication (Reconstruction of professional
society, Council of Europe Publishing competence)]. In Ph.D. Thesis,
2003. Universitatea din Bucuresti, 2008.
7. Hopkins, D., Ainscow, M., West, M.: 14. *** Council of Europe: Learning and
The impoving school in a change era, teaching in the communication society,
Ed. Prut Internaţional, 1998. Concil of Europe Publishing, 2003.
SOCIAL WORK
ROLE OF THE FAMILY AND

OF THE SOCIAL SERVICES
IN ELDERLY PERSONS’ LIFE
Diana-Cristina BÓDI 1
Abstract: The structure of the ego, the manner in which there are exercised
the person’s needs and impulsions in his/her relations with the environment,
meets, once with the retirement, a new psychological context. This way, the
retired person enters a crisis of the interests and of the professional
capacities trained up to the retirement, to which there adds the prestige
crisis. This paper brings to the forefront the elderly person’s identity, which
may be maintained or modified by the persons whom the former interacts
with.
Key words: elderly person’s identity, “the nestle emptying”, volunteering,

elderly employees.
1. Introduction work of the persons who are still capable,

Longevity, associated with as good a available both intellectually and culturally.
health of elderly persons as possible, Subjectively driven in a process of
creates conditions for the period after recovery of the structures of the
retirement to become longer and longer, a personality and of the self awareness
positive thing, which brings however a through the dissolution of the professional
series of problems. One of the problems sub-identity, third age persons are for
refers to the funds of the social insurance, society a source of experience,
both for health, and retirement, the intelligence, aptitudes, which, within
necessity of which is ever-increasing. contemporary world, are totally neglected.
Another major problem within a society
with a high percentage of the elderly 2. Family – Factor of Maintenance of the
population is connected to the constitution Elderly Person’s Identity
of a social and occupational frame for For the elderly persons, family
elderly persons, so that these ones might constitutes itself in a vital, essential factor,
lead a civilized life. The researches in the its behaviour considerably influencing
field reveal the fact that the elderly persons their state of health, the quality of life and
and couples undergo a diminution of the their life expectation. The family and the
living standard, in the majority of cases appurtenance group maintain in elderly
[9]. To these there adds a special social- persons the viable condition of identity and
psychological situation, that we may the appurtenance to the self awareness.
havedifficultly in understanding unless we In order to understand the familial
experience it. This is the professional system, we have to note its members‟
unemployment, the retirement from the behaviour in time [4]. Much of what we do
1
daily is due to habit, which may be psychological and affective climate

transmitted from one generation to the influence the development and the
other. Consequently, the nature of the formation of the young generation, the
domestic organization or disorganization, health of the middle generation and pre-
the adopted roles, the distribution of the eminently of the elderly generation.
tasks within the family, the manners of The mutations appeared in the family,
communication, as well as of verbal and due to the evolution of contemporary
non-verbal expression of the feelings, have society, brought about the change of the
to be taken into consideration when we elderly persons‟ familial status and of the
explore the signification between roles deriving from this status (rights,
interaction and elderly persons. responsibilities, authority, degrees of
In the second part of life, any person autonomy). There were also produced
goes through several stages [4]: changes in the attitude of the “non-elderly
- “the nestle emptying”, after the children members of the family”, who no longer
leave the parental home and move observe the elderly person‟s anterior status,
alone; thereupon adding the brusqueness, the
- crisis of the middle age which, both for tactlessness and the lack of training with
women and men, occurs between 35-55 whom these changes are made [1].
years old; The family is the place for learning
- preparation for retirement, between 55- affectivity, for the mutual comprehension
64 years old; of the feelings (listening, self-giving), but
- retirement or “the youngest elder age”, also of the conflicts (aggressiveness,
between 65-74 years old; despise, irony, neglect).
- elder age, between 75-84 years old; Only a warm familial climate may
- eldest age, between 85 years old; delimitate a balanced, complete and happy
- outlining of death, as certain event in life for one‟s own person and for the rest.
non-predictable time. Many a time, a conflicting reality lies at
These stages are characterized both by the basis of an institutional placement of
the feeling of loss, and by the feeling of the elderly persons, the family hiding, in
gain: loss of the children who leave home this case, the real motives for the
and gain of a greater comfort and space. placement. Another important element that
The modality in which the respective intervenes in the elderly person‟s relation
person perceives the changes may be with the world is his/her deficit, on the
influenced by the manner in which the somatic and psychic level. Likewise, the
other members of the family and the restriction of the activity field implies the
society perceive them. restriction of the relational field, and the
The person‟s retirement from the elderly person focuses his/her entire
professional activity and from the afferent attention on the family and on the relations
social circuits incurs upon himself/herself within it.
the restriction and the loss of the In the families in which there are elderly
professional and social responsibility, persons, there may come up a series of
which determines an accentuated focus problems with respect to who is
upon the family relation, where he/she responsible. For many years there may
finds, many a time, insufficient have been a relationship of friendship
understanding. between two generations of adults within a
The conclusion has been reached that the family, each one leading one‟s own
system of family relations, the existence independently. However, a crisis
Bódi, D.-C.: Role of the Family and of the Social Services in Elderly persons’ Life 139
or an event more or less expected may - motivational driving into useful

intervene and change this relation into one activities.
of interdependence. The experience of Family has to offer to the elderly person
turning from a child into an adult entails a protective climate of equilibrium through
taking over the filial responsibility towards avoiding conflict, the psycho-affective
a parent or an elderly relative. In order to traumas, the affective deficiencies and
describe this stage as interdependence, we frustrations, as well as the factors of over
have to admit (according to the theory of or under-solicitation.
the transactional analysis) the reversal of Family, which takes over all elderly
the roles, the child turned into an adult person‟s tasks makes him/her feel useless.
being the one who takes care of his/her The state of sickness and the intra-familial
parent. conflicts generate behaviour troubles, a
To take care and to assume one‟s fact which obliges to ensuring an adequate
responsibility for one vulnerable elderly emotional support for the entire family.
person implies the existence of a The impact of the attendance granted to
considerable moral courage, courage an elderly person depending on the family
which tends to appear especially in member taking care of him/her, also
women. It is a complex experience, which depends on every one‟s personality, on the
reunites love and affection with duty and personal values and on the relation existing
obligation. Moral courage is also necessary previous to the stage of attendance.
in the case of the elderly persons who have
to realize what is happening and not to 3. Role of Social Services in Modifying
oppose. the Elderly Persons’ Identity
The harmonization of the relations The attention granted nowadays to
between generations is very important in oldness is equivalent to adopting new
order to positively influence the elderly approaches: a conception upon
persons‟ adaptive capacity and entails: development that lasts during the entire
- adaptation of the family members to the life, the idea of a change possible at all
elderly person‟s behaviour ages, individual and familial evolving tasks
modifications and not the opposite; that have to be stimulated and supported.
- enhancement of the positive features Working with elderly persons is not very
given by age; easy. There have to be equally taken into
- comprehensive attitude towards the consideration both the capacity of the
negative notes of growing older; context to promote well-being, reciprocal
- taking into consideration that growing exchange, integration between generations,
older is hard to experience even by the groups, subjects, as well as every
elder person himself/herself. individual‟s competences, every one
The adequate behaviour of the family having his/her own history, motivations,
towards an elderly person entails the creative and evolving potential that he/she
observance of certain rules [1]: may consume in the context of the most
- maintaining a field of initiative within intimate relations and in the wider context
the family for the elderly persons; of society [10].
- taking into consideration the elderly Although habitude makes us think that
persons‟ opinions; life identifies with traditional domicile,
- solicitation towards attempting to with family, and the institution with their
overcome the frustrations specific to the denial, with the end, the death, the two
age;
alternatives coexist [2]. Current services of - temporary attendance;

social assistance for elderly persons are: - temporary or permanent attendance in a
- community attendance hostel for elderly persons;
- geriatric universities - attendance in daily centres, clubs for
- occupational therapy elderly persons, houses for temporary
- geriatric club attendance, apartments and social
- protected dwelling dwellings, and so on and so forth.
- social pharmacy The best and the most efficient
- social washing attendance is the one offered in one‟s own
- “wheeled” warm meal family and the community one (in the
- centres for collecting and redistributing social environments of origin, among
the prostheses, the materials necessary his/her neighbours and fellow citizens that
for the dependent elderly persons with the elderly persons know and with whom
no possibilities; they have lived along time). There are
- daily centre for elderly persons however difficulties in ensuring such an
- temporary housing attendance from various reasons:
- institutionalization - the original families broke apart;
- animation - the children went across the country
As it may be noted, social services are and even abroad;
aimed either at institutionalizing or at - even if some children are close from the
maintaining elderly persons in the spatial standpoint, they may be very far
community, although these are not always from the affective-human standpoint
viable solutions. We cannot say that an (they refuse their own parents, they
elderly person, isolated in his/her own chase them away from their own
house, who has few social contacts, is less dwellings);
dependent than a person within a - other relatives have their own problems
residential centre of attendance and and even if they want, they cannot
assistance. engage in such problems;
The elderly persons‟ social assistance is - the neighbours do not take over such
regulated, in Romania, through the Law nr. responsibilities.
17/2000 and especially aims at evaluating Despite the effort of putting into practise
the situation of the elderly persons who the maintenance to one‟s home, the
need attendance. institutions with beds remain a necessary
The elderly persons‟ needs will be reality for the cases who cannot benefit
evaluated through the social inquiry, which from the attendance to one‟s home.
is elaborated on the basis of the data with The hostel for elderly persons is the
respect to the affections that require special institution of social assistance which
attendance, to the capacity of setting up ensures the adequate conditions of housing
house and of fulfilling the natural and food, medical attendance, recovery
requirements of everyday life, to the and re-adaptation, activities of ergo-
dwelling conditions as well as to the therapy and spending the spare time, social
effective or potential income considered and psychological attendance. These
minimal for ensuring the current needs of hostels function with sections for:
life. dependent persons; semi-dependent
The services for elderly persons are persons; persons who are not dependent.
carried out with their assent and they aim The main objectives of a hostel are:
at:
- to ensure for elderly persons the the local counsels and of the general
maximum possible of autonomy and directions of labour and social solidarity.
safety; The decision with respect to the long-
- to offer attendance conditions that term institutionalization is a very hard
should observe the elderly person‟s decision which has to be elaborated by a
identity, integrity and dignity; multidisciplinary team consisting of a
- to allow the maintenance or the social assistant, medic, psychologist and of
amelioration of the elderly persons‟ course the elderly person in cause,
physical and intellectual capacities; eventually his family too.
- to stimulate the elderly persons „ The causes of the institutionalization in
participation in social life; the long term are [3]:
- to facilitate and to encourage the inter- - loneliness and the lack of the support
human connections, inclusively with the network;
elderly persons‟ families; - elderly person‟s manifest desire;
- to ensure the necessary supervision and - absence of the incomes;
medical attendance, in compliance with - different chronic affections;
the regulations with respect to the social - physical and mental handicaps;
health insurances; - loss of one‟s dwelling;
- to prevent and to treat the consequences - lack of adaptation in the framework of
in connection to the ageing process. the services to one‟s abode;
The services guaranteed for elderly - “crisis” in the original family;
persons within residential centres are: - immobilization to bed;
- social services that consist in: help for - domestic violence or of those who
the householding; judicial and undertook to attend to the elderly
administrative counselling; modalities person.
for preventing the social These causes interfere; mostly the causes
marginalization and for social of the institutionalization are multiple,
reintegration in relation to the psycho- which makes the institutionalization
affective capacity; decision to be very difficult.
- socio-medical services that consist in: The institutionalization decision has
help towards maintaining or readapting psychical, moral, financial repercussions
the physical or intellectual capacities; and modifies the elderly person‟s identity.
ensuring programs of ergo-therapy; This way, from an energetic, active person,
support for accomplishing the body with plans and responsibilities during the
hygiene; life before the institutionalization, the
- medical services that consist in: elderly person may turn into a passive
consultations and treatments at the person, with no motivation, with no
medical cabinet, within specialized activities, only waiting for the time to pass.
institutions or at the person‟s bed, in Here are a few descriptions of the day to
case they is immobilized; services of day life made by institutionalized elderly
attendance-nursing; provision with persons (research 2007):
medication; provision with medical “A bleak day, I have no purpose, no
devices; dental consultations and htirst for life”.
attendance. “Always the awakening “early in the
The social and medical-social activities morning”, specific to our age, I watch TV,
are monitored and evaluated by the the morning news, afterwards I am
specialized staff within the apparatuses of brought the meal, after which I start
reading a magazine or a newspaper and, In order to see which are the elderly
for the rest, again television, meal, persons‟ desires in relation to their
exchange of opinions with my roommate, a identity, to their past, present and future, it
little exercise not to atrophy myself is necessary to ask them in the first place
completely and sleep at leisure. And here what they want.
passed another day of my miserable life”. The request made by groups of elderly
The same research enhanced the people is to be offered more instruments
activities developed by institutionalized of knowledge, of communication so as to
elderly persons (multiple answer): participate actively in the concrete aspects
- household labours: 7.5% of everyday life within the appurtenance
- audition/visioning radio/TV: 20% community. This means, not necessarily
- walking: 25% universities for elderly persons because, as
- frequentation of the church: 20% [8] noted, long life formation and
- crocheting/knitting: 7,5% education may induce, on one hand the
- excursions: 12.5% fear of much too pressing experiences,
- festive meals with different occasions through the characteristics of novelty and
(anniversaries, Christmas, New Year‟s modernity, and on the other hand, the lack
Eve, Easter): 7.5% of interest for re-experiencing the periods
- visits to relatives/friends: 15%. within traditional school, in the framework
Being asked what other activities they of a totally asymmetrical relation between
would like to unfold, there was surprising professor and student.
the fact that part of the subjects would Within a field research with respect to
rather do “nothing”: “I am tired and sick”. making up a project for a centre of meeting
The subjects blamed their lack of activity and association for elderly persons, there
at the expense of the sickness and of the was noted that the persons were interested
age, however those who are still active and in a project for a type of open centre for
have different physical activities (for adult and elderly persons, without
instance gardening, excursions, excluding moments consecrated to the
maintenance gymnastics) criticize and young persons. This way, the majority
blame them. . underlined that the exchange between
Elderly persons, because of the fact that generations focused on common interests
they do not participate in various activities, could be reciprocally enhanced. Likewise,
do not structure their program, so as to be elderly persons also thought the respective
active and useful, perceive their own life as centre as a place open for persons in
monotonous “with no purpose”. difficulty, both the psychological and on
On the other hand, the other services the physical level. They wanted the centre
offered to elderly persons may be labelled, to pertain to the entire community, not to
through their very destination: for elderly be exclusively a club for elderly persons.
persons. There is possible to reach the [10].
situation of subculture formation, there The promotion of the newly retired
being known the fact that subcultures form persons‟ abilities is a point upon which
under two sets of circumstances [7]: also Marshall insisted [5]. Retired persons
- when people share the same interests, should be the “spine” of the different
problems and preoccupations or when organizations of volunteers, from the
they have long term friendships ; gardening clubs, to the charitable activities
- when groups of people are excluded and to friends of the museums. They
from full participation within society. represent a vital dynamic force for any
activity situated beyond everyday toil of - ageing does not suppose more elderly
work. In developed countries, where persons to attend to, but more mentors;
ageing has been intensely studied for a few - elderly persons are a valuable source,
decades, the volunteering is seen as a main they do not represent our connection
activity of the independent elderly persons. with the past, they also are our
However, the employment in socially connection with the future through their
useful occupations and the employment in experience and through their
volunteering to the persons‟ benefit are appurtenance to the national traditions
fields that were considered, with an and values.
excessive superficiality, as a panacea for There is necessary to admit that elderly
filling the gap that unexpectedly occurred persons bring important contributions to
in the “young” retired person‟s life [10]. society; if we remove the existing barriers
In order to contribute to the promotion of and if we create more opportunities for
volunteering among elderly persons, in them, so that they should offer more of
order to make them collaborate for their wisdom, creativity, experience and
developing initiatives,it is necessary for us knowledge, they will contribute even
to start from the acquisition of a cultural more. An example in this respect is
attitude, which makes us acknowledge the represented by elderly employees, who are
volunteers‟ action, as seen by Melluci an important mass of human capital.
[10]: “a vital component of the renewal
process, of a «civil society» worthy of this References
name: civitas publica, and individual at the
same time, capable of leaving the diversity 1. Bogdan, C.: Geriatrie (Geriatry),
to manifest itself and to consolidate Medical Publishing house, Bucharest,
solidarity” (p. 355). 1997.
2. Bogdan, C.: Asistenţa socială a
4. Conclusions persoanelor vârstnice (Social
People often associate ageing with the
Assistance for Elderly Persons), in
loss of sensory capacities and mobility
Dicţionar de politici sociale
changes; however, for the majority of the
elderly persons, these changes are neither (Dictionary of Social Policies), Pop,
so cumbersome, nor so obvious as we L.M. (ed.), Expert Publishing house,
might imagine. After having successfully Bucharest, 2002.
faced the events during life, elderly 3. Bucur, V; Maciovan, A.: Probleme ale
persons give signs of resistance from a vârstei a treia (Problems of the Third
physical and emotional point of view The Age), in Tratat de asistenţă socială
confirmation of this fact lies in the beliefs (Treaty of Social Assistance), Neamţu,
of the Asians and of the inhabitants of the G. (ed.), Polirom Publishing house,
Pacific islands, who see elderly persons as Iaşi, 2003.
“those who take the decisions in the family
4. Froggatt, A.: Family work with elderly
and who are the depositaries of the familial
people, The MacMillan Press LTD,
and cultural wisdom” [6] (p.279).
Nevertheless, ageing also supposes the 1990.
existence of opportunities, such as: 5. Marshall, M.: Asistenţa socială pentru
- once with ageing, there changes the bătrâni (Social Assistance for Elderly
manner in which we think, we form Persons), Alternative, Bucharest,
relations with the others; 1993.
6. Miley, K.K.; O‟Melia, M.; DuBois, B.: 9. Şchiopu, U., Verza, E.: Psihologia
Practica asistenţei sociale (Practise of vârstelor (Psihology of the Ages),
Social Assistance), Polirom Publishing Didactic and pedagogic Publishing
house, Iaşi, 2006, p. 279. house, Bucureşti, 1997.
7. Quadagno, J.: Aging and the life 10. Taccani, P.: Vârsta a treia şi
course, The McGraw-Hill Companies, bătrâneţea (Third age and the Old
United States of America, 1999. Age), in Manual of Community
8. Ratti, M.F.; Amoretti, G.: Le funzioni Psihology, Zani, B.; Palmonari, A.,
cognitive nella terza eta. La Nuova Polirom Publishing house, Iaşi, 2003,
Italia Scientifica, Roma, 1991. p. 355.
IMMIGRANTS IN ITALY AND THEIR

RIGHT TO HEALTH SERVICES: THE
IMPORTANCE OF HEALTH SERVICES
FOR AN EASIER INTEGRATION
Monica DE ANGELIS 1
Abstract: This article aims to show how the legislator has outlined a
regulatory framework putting forward a diversified regulation that goes from
equal treatment for both citizens and non citizens to insuring a basic package
of health services also to those people who are residing illegally (calling it a
grading of health protection). And it is pointed out that an immigrant’s right
to health is a preferential case as regards the concept of “social citizenship”
that goes beyond the status civitatis as well as beyond the workings of
equality which is supreme principle for everybody.
Key words: right to health – grading of health protection – patchy services.
1. Migration and Integration for towards the European countries in the

Accessing Health Services Mediterranean region [2].
Migration from economically and In the past ten years, in subsequent
socially underprivileged countries is a attempts, a necessary regulatory
global phenomenon that registers millions framework concerning immigration has
of immigrants in many parts of Europe. In been brought to perfection in Italy.
Italy, where there is no strong tradition of However, this framework does not seem to
immigration, unlike countries such as be quite clear and defined and does not
France, England and Belgium, the problem help the current circumstances as it states
of immigration has taken on significant that even other European countries do not
proportions only after the 80s. There have have a specific and satisfactory legal
been some closely linked factors leading to framework. Perhaps, even for this reason,
an increase in the presence of immigrants in a report on the health conditions of
in Italy: geographical location, with immigrants in Europe and in a recent essay
extensive boundaries, in an area that has published by Eurohealth, it was underlined
strong migratory pressure (close to the how little is known about the access to
continents of Africa and Asia); a flow plan health services by 35-40 million foreigners
that is quantitatively weak and living in Europe [3]. In all member States,
operationally ineffective, a phase of immigrants are identified as subjects that
economic recession and of restrictive risk poverty and social exclusion, but
policies activated by Central-North despite this knowledge, no country is able
European countries that are directed to provide a sufficiently detailed analysis
towards shifting the flow of immigrants of the factors that lead to these conditions.
1
Universita Politecnica Delle Marche Ancona, Italia.
If health is a useful indicator to better foreigners to access the services provided

understand the willingness to by the National Health Service can be
accommodate and to the degree of social found in Law no. 40 of 1998 which has
integration that a member state can offer, been merged with the Unified Body of law
in that case it is worth indicating the poor on immigration [5] and with the
attention that Europe pays to the political subsequent implementation act
policies for immigrants. It is a disregard (Presidential Decree no. 394/99):
that today is considered unacceptable from immigrants, who have regular permits are
a European integration as well as from a included in the healthcare services with
human rights perspective. One must not full rights which are at par with those of
forget that the phenomenon of migration, the Italian citizens. A part of these
though controlled (more or less measures are likewise extended to those
restrictively, keeping in mind all the who are present in Italy without legal stay
political, social and economic elements permits or are clandestine depending on
related to each country), brings along with the rules summarized later.
it social and cultural needs which The present healthcare framework for
institutions at every level have to face with foreigners is in the form of a package of
adequate measures of social inclusion in measures that have been diversified
different sectors and above all in the health according to the foreigner’s status.
sector [4]. Hence the rise in an interest in Depending on the above-mentioned
integration policies and especially in the Implementation Rule, it is best to
legal framework which represents the distinguish above all measures for foreign
starting point of every serious and long citizens belonging to the European
lasting system for receiving immigrants. Community, and among these it is worth
pointing out the services provided to
2. The Right to Health for Foreigners in European citizens who are legally resident
Italy: is Care and Treatment in Italy. Foreigners having European
Different? Union citizenship and who are legally
Regarding immigrants’ access to health residing in Italy are obligatorily registered
services, only in 1998 was the total right to with the NHS and are at par with Italian
health provided to foreigners in Italy in citizens. Registration with the NHS gives
two respects, as in art.32 of the the right to freely choose a family doctor
Constitution, which states it as a or paediatrician; to specialist treatment
fundamental right and of interest to prescribed by family doctor or
society. The constitutional vision entails paediatrician (but unnecessary for
that the right to health cannot be limited to dentistry, gynaecology and obstetrics,
citizenship and that all those living on paediatrics and ophthalmology) paying,
national territory have to be guaranteed the where required, a prescription charge;
best health care in the safeguard of public normal admission and day hospital;
health. Constitutional jurisprudence has pharmaceutical drug assistance (for
always acted upon these lines which also purchasing medicines). Registration is
states that health care has the role of public made at the Local Health Authority (basic
service and it refers to a subject’s total and public health offices, LHA) where the
unconditional right: and as such, subject is resident and covers the entire
citizenship has no relevance to a user of time period of the residence permit or card
the national healthcare system. Precise for the holder and his or her family [16].
regulations, regarding procedures for Special regulations also exist for the
De Angelis, M.: Immigrants in Italy and Their Right to Health Services… 147
so-called brief stay period: the European As regards foreigners staying without
Union citizens can directly access health NHS registration or rather foreigners
services by showing their “European holding a stay permit not above three
health insurance card” [7]. months and not registered with the NHS
Then, there is a category of foreigners they are provided services by the NHS on
who do not belong to the European Union full payment of related services [12]. For
and, stateless people. Among these there foreigners who are waiting for their legal
are foreigners who have regular stay stay permits, their case is entrusted to
permits and have requested renewal of Regional regulations. Finally, there are
their stay permits (art. 34 TU) [8]. They rules for foreigners without regular stay
have the obligation/right to register with permits with entry and stay regulations
the NHS and are at par with Italian citizens [13]. In these cases, whenever foreigners
as regards healthcare provided by the NHS are not economically self-sufficient,
(including assistance to their families healthcare is guaranteed by a card having
legally settled in Italy) when they find an STP code (Temporary Stay Foreigners)
themselves in the following situations: self which is issued by a Local Health
employment, subordinate employment, Authority (LHA), General Hospital
enrolled on the unemployment list, family Authority, Italian scientific and education
motives and family reuniting, political research activities (IRCCS) and the
asylum, humanitarian asylum [9]; request University Hospital. The card is issued on
for both political and humanitarian asylum the condition that the subjects declare that
[10]; awaiting adoption, in foster care and they are not economically self-sufficient.
purchasing citizenship and health problems They have to fill in a form provided by the
[11]. Health Ministry which is then filed by the
As regards providing healthcare to issuing authority. No identity card is
foreign prisoners, regulation no. 230 of required to fill in this form, and the
Decree 22/6/1999 is in force, which states information registered by the authority is
that all foreign prisoners (legal or protected under the current privacy
clandestine) under part-time detention or regulation. In fact, as for Italian citizens,
those are undergoing alternative measures access to health services does in no way
to their sentences, be registered with the lead to any notification, except in cases
NHS during their detention period. They where the report is obligatory [14].
are at par in terms of rights with free Foreigners who do not have legal entry and
citizens and are exempt from paying the stay permits are insured in public
prescription charge. accredited health facilities, emergency or
The current regulation in force likewise essential treatments in clinics and hospitals
provides for a voluntary registration for illnesses and accidents even if
scheme with the NHS. This registration can continuative. Preventive medicine for
be requested by: 1. on payment foreigners safeguarding individual and collective
with legal stay permits having a duration health (art. 35 TU) is extended to them too.
of more than three months but who do not Except for the prescription charge, the
come under those who by right are following measures are particularly
registered with the NHS; 2. from guaranteed by the NHS: social
foreigners staying for study reasons and safeguarding pregnancy and maternity, at
from those working as au pair, even if they par with Italian citizens in terms of
hold a stay permit that is less than three treatment; safeguarding the health of
months. minors; health assistance for preventive
medicine; prophylaxis, diagnosis and cure can also be identified in all NHS’ action
for infectious diseases; vaccinations done plans issued in the past few years both at a
according to regulations and, in the context national as well as local level. For further
of assistance and collective prevention clarification the “National Health Plan
campaigns authorized by the Regions from 1998-2000 can be consulted”. For the
which are carried out by NHS vaccine first time, the health of the immigrants is
centres. Foreigners who have an STP card recognized as a primary objective by the
are exempt from paying their quota and are NHS with the effort to boost activities for
at par with Italian citizens in the following the development of intersectorial policies
cases: first level and emergency health that are meant to safeguard it. These
services; pregnancy; diseases exempt from activities involve: drawing up of
payment; having an age below 6 and above systematic instruments of recognition,
65 (if less than a certain income); serious monitoring and assessment of the
incapacitating condition; clinical tests and immigrants’ health needs; health operators’
medicines connected to pathologies training that is aimed at intercultural
according to Ministerial Decree DM approaches for safeguarding their health;
329/99 [15]. organizing assistance aimed to encourage
the immigrant to turn immediately to
3. Implementation and Qualification of health services and compatibility to their
the Right to Health for Foreigners. A cultural identity. Attention given to these
First Report Ten Years after the issues is evident also in the subsequent
Issuance of the Unified Body of Law three-year Health Programs. There is a
Almost ten years after an organized plan to make public health service visible
regulation on the rights of immigrants was and easily practicable for everyone. From
issued, many questions still remain this viewpoint, many planned actions are
unanswered. In particular, as regards the aimed at increasing the spread of
right to health, which is a guaranteed information on health services actually
constitutional right, immigrant citizens offered by the health facilities in the
face some difficulties in relation to their country. Moreover, more effort has been
possibility of accessing health services. asked for in the field of personnel training
These regard difficulties connected to the not only for an in-depth study of the
interpretation of psycho-social discomfort legislation but also for acquiring
in cultural terms that is borne by the competence in relationships with different
immigrant, as well as difficulties having cultural contexts. Then, with the objective
juridical origins. This probably occurs of socio-health integration, identification
because health is the result of a series of of the right personnel is required in order
factors - genetic, personal, social, cultural to be able to relate with immigrants in each
and environmental - and its safeguarding is Local Health Authority. However, at a
influenced by different elements, such as: juridical level, it is important to note how
everybody’s health needs and the the decisions of legislative policy
consequent availability of resources, need regarding the health of a foreigner comes
for treatments, technological and within a framework of revising the concept
organizational innovations and the of “citizenship” that goes beyond the legal-
political, institutional and economic formal notion of citizenship itself which is
context. based on the assumption that the citizen
Concrete measures to eliminate the belongs to the State (rectius based on a
above-mentioned difficulties exist and they stable relationship with the country and its
institutions). Today, right to health (which available [19]. The legislator will therefore
practically is the same for all fundamental be able to legitimately treat a foreigner
rights) seems to be bound to a concept of a differently compared to a citizen, but only
more fundamental citizenship, to a way of in the context of decisions that are
existence of the individual, that is politically reasonable without damaging
interpreted in legally attributing specific his/her major fundamental rights. As such,
rights and duties following the idea of the we agree with those who affirm that an
citizen that the illuminists had in the 18th immigrant’s right to health is a preferential
century: one was not a citizen just because case as regards the concept of “social
he/she belonged to the population of a citizenship” that goes beyond the status
State, but because he/she held a wealth of civitatis as well as beyond the workings of
rights and duties. From this angle, the equality which is supreme principle for
rights of the citizen will always be more everybody [20].
and more meant as the rights of man, in
this way making less significant, within 4. Grading of Health Services and a
possible limits, the difference between Basic Healthcare Package:
citizens and non-citizens (foreigners) [16]. Effectiveness of Safeguarding an
Closely examining the current regulation Immigrant’s Health and Recent
on the rights of immigrants leads us to Proposals for Modifying the Juridical
affirm that the legislator definitely takes Framework
into account this new perspective [17]. We As seen before regarding the exercise of
can take a look at the provision that the right to health, the legislator has
“allows a foreigner at the country’s border outlined a regulatory framework putting
or within the national territory to have his forward a diversified regulation that goes
fundamental rights recognized which are from equal treatment for both citizens and
provided by the regulations of internal non citizens to insuring a basic package of
right, by international conventions in force health services also to those people who
and by the principles of generally are residing illegally (calling it a grading
recognized international right” (art. 2 1° of health protection). This is in
comma, T.U.): where reference to consideration of the fact that the right to
“foreigners” is applied “to citizens of health, fundamentally unsuppressable, is a
States who do not belong to the European right of an individual. The possibility for
Union and, to the Stateless” (art. 1, 1° immigrants to safeguard their health
comma, T.U.) [18]. As far as health constitutes a significant aspect in the
services are concerned, we have seen in integration process and, giving value to
previous pages, how the safeguarding of a human capital in the country [21] is an
foreigner’s health is disciplined by the integrating part of a strategy. Putting into
legislator in different ways on the basis of action this right implies that foreigners
the subject’s status. Nonetheless, this have the possibility to access and use
protection must never go under a basic health services at par with other citizens,
package for all, otherwise it damages the taking account of the cultural and social
constitutional principle of human dignity. peculiarities wherever possible. To this
This differentiation in safeguarding is due end, for some years the regulations have
to the fact that a foreigner’s right to health, allowed administrators and other operators
as that of the citizen, forms part of the to adopt concrete measures for making the
other rights, and turns out to be above rights effective. In quite a few
“influenced” according to the resources instances investment has been made by
introducing cultural mediators and by more and more on the work of the
opening counters or offices in local health managers and on their ability to put
facilities in addition to other ad hoc forward effective actions locally and
institutions [22]. Thanks to these kinds of admirable results have also been seen. But
initiatives, there has been an increased on the other hand one cannot deny the fact
awareness among immigrants about what it that there is a widespread feeling of refusal
means to safeguard their right to health and and fear towards immigrants whose
about the ways and means to access health presence is growing together with their
services. This awareness has increased also increasing demand for services. This
because of the information that has been refusal has been perceived by some
spread through health facilities and other political forces (that are presently in
immigrant get together public places[23]. majority and therefore in power), and has
However, if on the one hand it is true been translated into legislative proposals
that in the course of the past few years the such as the much discussed amendment
conditions for accessing health services i.e., the so-called “security package” (a
have improved, it is also evident that there series of measures in order to oppose the
is a “patchy” situation where some areas in widespread phenomena of widespread
Italy are well equipped while others are illegality linked to illegal immigration and
less or poorly equipped. In the latter case, organized criminality) that no longer
poor awareness of regulations, complexity prohibits doctors and other operators to
regarding distribution of services and the report to the police foreigners without legal
presence of strict rules on access to health stay permits who come to the health
services, makes it difficult to even inform facilities: a prohibition that factually
the users on the services that are being translates into a limitation to access
made available. The socio-health operators medical treatment for illegal foreigners and
themselves do not know the provisions and therefore to actually exercising their right
lack training and professional support to health [26]. As such, it does not surprise
necessary to face users who come from us so much when we talk about the
diverse cultural backgrounds.[24] It is effectiveness of the right to health for
therefore clear how the impact of immigrants in Italy. We use the expression
immigration on health services at medium “patchy” to mean services that are
term depends, and will always depend available only here and there but not
more and more, on the ability of the local everywhere. Differences from area to area
operators to integrate health, exist depending on the way the regulations
environmental, town, work and social are implemented and on how provisions,
policies, even though the competence of policies, organization and human
laying down the general rules and willingness are concretely composed. We
measures in terms of immigration is can neither ignore the fact that with respect
entrusted to the State [25]. Moreover, it is to the overall efforts made at local level
on the effects of the actions of public/local (i.e., those who are mostly in contact with
dichotomy that significant incongruence the world of immigrants) to improve
can come to pass. As regards the growing integration between Italian citizens and
demand for health services by foreign non Italian citizens, the presence of an
citizens, on the one hand local health opinion change by the public legislator can
authorities are notably sensitive, i.e., in a negatively influence the progress of
local health authority, the quality and integration or the slowing down of its
access to services for foreigners depend implementation. It is certain that our
system – the Constitution first of all – has http://lse.ac.uk/collections/LSEHealth/

overcome the distinction between citizens pdf/eurohealth/VOL13No1/Mladovsky
and foreigners and has recognized the .pdf. At Community level, it should be
exercise of fundamental liberties and basic remembered that, in early 2005, the
social rights (healthcare and education) to Commission drew attention to
the individual irrespective of his or her immigration with the Green Paper on
nationality. However, the management of EU approach to managing economic
health policies for the immigrant requires migration.
concrete actions and no backing out. They 4. See De Angelis M., Gli immigrati e il
definitely have to start, even for reasons of diritto alla salute tra effettività e
subsidiarity principle, from the local level problematiche giuridiche, in Passaggi
which will always have to look more to the di liberazione. Atti dei seminari
type of immigration that involves the local formativi del progetto "Diritto
area along with its level of total wellbeing d'accesso", a cura di Mancini R.,
because health cannot simply mean EUM, Macerata, 2008, passim.
medical treatment results but is made up of 5. Decreto Legislativo 25 luglio 1998, n.
different elements that are strictly related 286, in Gazzetta Ufficiale n. 191 del
to each other, such as the subject’s history, 18 agosto 1998 - n. 139.
social structure, culture and country of 6. For registration, an EU citizen must
origin, social position and exposure to risk submit: the permit or residence card,
or protection factors. the residence certificate, the tax code
to the LHA. It is important to point out
Notes that from 11 April 2007 (d. lgs.
February 2007, n.30, accomplishment
1. Dipartimento di Scienze sociali, Facoltà of Directive 2004/38/EC on the right
di Economia “G. Fuà”, Università of EU citizens and their family
Politecnica Marche, Ancona, Italy. members to move and reside freely
2. To get an idea of the impact of within the territory of the Member
immigration in our country, it is States) EU citizens who wish to settle
sufficient to note that, according to in Italy, or in another state of the
ISTAT data updated to 1 January European Union, no longer have an
2006, in the last 10 years, foreign obligation to ask for a residence
resident population has increased to permit. Three months after the entry,
about 2 million people. ISTAT the person has to go to the General
estimated that at the beginning of 2008 Registry Office and submit
there would be 3.5 million foreign documentation indicating his or her
nationals residing in Italy (5.8 per cent activities regarding work, study or
of the total residents), an increase in training. Otherwise, the individual has
the last year of over 454 thousand, the to demonstrate whether he/she has
highest value recorded so far in our necessary funds to stay and have
country (Source: ISTAT Report 2007). health insurance.
3. European Commission, DG 7. Refer to Community Regulation n.
Employment and Social Affairs, under 631/2004. on the right to registration
the European Observatory on the with the NHS for EU citizens.
Social Situation, under the project Recently the Ministry of Health issued
Health Status and Living Conditions a ministerial memorandum: in
(VC/2004/0465);. Mladovsky P in http://www.stranieriinitalia.it/briguglio
/immigrazione-e- 13. D.Lgs. 25/07/1998, n. 286 art. 35;

asilo/2007/agosto/circ-salute-3-8- D.P.R. 31/08/1999, n. 394; Ministero
2007.pdf. As regards healthcare for EU della Sanità Circ. 24/03/2000, n. 5 and
citizens, it should be noted that at the regional detailed regulations.
moment a project of the directive is 14. An STP card lasts six months,
being discussed on a safer EU renewable in case of stay in Italy and
healthcare, high quality and efficient is valid throughout the country. These
services. provisions primarily are of use for
8. See also Ministero della Sanità Circ. public health: health clandestinity does
14/03/2000, n. 5; D.P.R. 28/07/2000, not benefit anyone, as has been rightly
n. 272. emphasized in the "Decalogue for the
9. In this category the following are healthcare professional"
included: a. residence permits for (http://www.sanita.interbusiness.it/sani
social protection; b. those underage; c. ta/bacheca/welcome/decalogo.pdf).
pregnant women and those during Indeed, "if this happens, in a short time
puerperium (up to six months); d. illegal people would not go to health
residence permits for humanitarian and facilities anymore and this is what we
must avoid: there would be no other
exceptional reasons; e. foreigners
efficient way to check the health of
accommodated in reception centres.
those illegal people still present on our
10. This category is exempt from paying
territory, to protect the health of the all
the prescription charge and is therefore community”. However, regarding the
at par with the unemployed registered provisions related to health
in the employment list. clandestinity, at the moment, there is a
11. These are foreigners who have obtained project under revision, as you can read
an extension of their residence permit in the last §.
because they contracted an illness or 15. This decree states that whoever is
had an injury that does not allow them affected by an illness is required to
to leave the country. hold an exemption fee card for
12. It should be remembered that the rates pathologies at par with Italian citizens.
of medical care are determined by It should be noted that foreigners with
Regions and Autonomous Provinces. an STP card who are unregistered or
Foreigners with special cards who are not able to register with the
establishing their right to healthcare NHS can not have a family doctor or
because of bilateral treaty agreements, paediatrician of their choice. For
signed between Italy and other essential care (first check up and
countries like Australia, Brazil, requirements for specialized medical
Tunisia, Switzerland, are exempt from check ups) they may contact local
health authorities surgeries, hospitals,
paying these fees. The LHA issues
etc.
them a Carnet della Salute (health
16. It is the interpretation by the
vouchers) which provides healthcare at
Constitutional Court that allows a
the same level as Italian citizens (with
reading of the concept of citizenship
the exception of having a family
doctor and pediatrician). See Cilione from a non-legal point of view. See M.
G., Diritto sanitario, Maggioli, 2005, Zana, Cittadinanza e tutela della
pag. 262 e ss. salute: considerazioni bioetiche, in
http://www.tsd.unifi.it/cittadin/papers/ Stato e degli Enti pubblici, 2006, fasc.

zana.htm. 5/6, p. 441-461 e i dossier su
17. For details about TU, see Bellagamba http://www.cestim.it/12cittadinanza.ht
G., La disciplina dell’immigrazione: m.
commento articolo per articolo al 22. Like ISI (Health Information for
Testo unico 25 luglio 1998, n. 286 Immigrants), facilities have come up in
(come modificato dalla legge 12 the Piemonte region that are
novembre 2004, n. 271), 2005 characterized by high flexibility and
18. Zana M., cit., notes that when less bureaucracy. See
determining that "the foreigner http://www.regione.piemonte.it/sanita/
regularly resident in the State has the program_sanita/assistenza.htm
same civil rights attributed to an Italian 23. Just think to news that you can find on
citizen" (article 2, 2nd paragraph, TU), web like www.stranieriinitalia.it;
there is a clear correlation between http://www.salutemigrante.org;
legal and non legal aspects of www.meltingpot.org e
citizenship. www.saluteeimmigrazione.it. Or to a
19. You can find this extensive guideline new institution like Istituto nazionale
also in an important decision taken by per la salute dei migranti e malattie
the Constitutional Court: decision n. della povertà (Inpm). See
252, 17 July 2001: see Patroni Griffi http://www.governo.it/GovernoInform
A., La cittadinanza sociale e il diritto a/Dossier/istituto_salute_migranti/inde
alla salute degli stranieri: alcune x.html
considerazioni, in 24. Moreover, many health organizations
http://www.filodiritto.com/diritto/pubb are not aware of the funding
lico/costituzionale/cittadinanzasocialep opportunities for illegal foreigners
atronigriffi.htm. About the right to offered by healthcare institutions. Only
healthcare as a financially conditioned some regions have started a National
right see De Angelis M., Spesa fund for migration policies which aims
sanitaria e prestazioni nel Servizio to finance policies in order to restore
Sanitario Nazionale: profili normativi equality between foreigners and
e organizzativi, in Atti del Convegno Italians. Several investigations
“La spesa sanitaria: i controlli, le coordinated by the Istituto Superiore di
violazioni, la tutela penale e Sanità (Italian National Institute of
amministrativo-contabile”, Ancona, Health, (www.iss.it)) show a
Guardia di Finanza ed., 2007. substantial territorial differentiation in
20. See Patroni Griffi A., cit. health services, with consequences for
21. Today, this framework has changed in new health problems of the immigrant
comparison with the traditional points population. See La salute è un diritto?
of view: for example, people who do Dipende da dove vivi in
not hold Italian citizenship can vote for http://www.epicentro.iss.it/focus/globa
the local elections. See G. De le/diritto.asp. The situation in Italy,
Francesco, Riconoscimento della however, is not different from other
capacità elettorale e della cittadinanza countries. It was recently published
agli stranieri immigrati: due possibili “Taking Action on Health Equity”
vie per l’integrazione e la coesione Report, a part of the project “Closing
sociale in Italia e in Europa, in the Gap: Strategies for Action to tackle
Amministrazione e contabilità dello Health Inequalities (2004-2007)”. This
report considers the health inequalities _immigrazione.doc.

in many EU Member States. 26. Who does not hold a permit card and
According to the report, even if needs medical care can be reported to
European countries are among the the authorities (Amendment n. 39.306
most developed in the world from an – bill n.733. The amendment wants to
economic and social point of view, delete paragraph 5 of Article 35 of
there's a big difference between the Legislative Decree n.286/1998). The
higher and lower socio-economic amendment is currently under
classes everywhere. These inequalities discussion. What would practically
differ in each country. As far as Italy is happen in case of its approval: when
concerned, the report explains that the foreign patient has to declare
medical coverage extended to the his/her identity for medical treatment,
entire population is a key feature of the the hospital can file a complaint. No
system, but the overall picture is very residence permit can lead to a
patchy, depending on the different procedure of expulsion in the police
regions. It is interesting to note that, in headquarters, as the afore-mentioned
the past few years, to historical draft law calls it a crime of
inequality to historical inequalities clandestinity. Hence, those who have
migration issues have been added and no residence permit commit a crime
this fact seems to exacerbate and have to pay a fine of up to 10,000
differences. See Costa G. (a cura di), Euro. They will then be sent to a centre
Rapporto sulle Diseguaglianze di of identification and deportation.
salute in Italia, Epidemiologia e Therefore, if there is a disease that
prevenzione ed. requires medical treatment, the
25. See Geraci S., Martinelli B., Politiche foreigner would then be persuaded to
locali per il diritto alla salute, in hide it and without running the risk of
http://www.edscuola.it/archivio/handic being reported and consequently
ap/salute_immigrati%20pdf.pdf. When expelled. In this way they are faced
you deal with a healthcare Government with the possibility of either seek
you also have to refer to the concrete treatment and later be expelled or
measures of social inclusion remain in Italy hiding their illness. Or,
introduced by the regions, the holders immigrants may turn to their "trusted"
of the organizational and managerial doctors, perhaps their fellow
role in the health sector. As regards the countrymen, who do not have any
instruments developed by the Italian appropriate knowledge or qualification
regions to manage migration at local to cure them but are ready to keep
level and to open opportunities in their them safe without reporting them to
territories and practices of social the police. The result could be an
inclusion and economic culture for increase in illegal procedures of care in
foreigners, see Attanasio P., Le leggi health organizations outside the legal
regionali sull’immigrazione, in systems for public health monitoring
http://www.labsus.org/media/Attanasio and control.
CONTRACEPTIVE ATTITUDES
AND PRACTICES IN
THE ROMA COMMUNITIES
Raluca ZANCA 1
Abstract: The process of adopting a contraceptive behaviour is determined

by a series of factors, having a slow progress in time. The use of birth control
methods by the Roma women is influenced by a series of specific elements.
This article wants to highlight an image containing the degree in which the
Roma women are aware of the birth control methods and family planning. To
this end, I have used the technique of group interview. In the first stage I
applied a number of group interviews on the Roma women from the Gîrcin
community. Afterwards I examined the interviews using inductive analysis.
The results were grouped into thematic categories.
Key words: Contraception, Family planning, Birth Control Methods,

Contraceptives.
1. Introduction: General Considerations At a declarative level, especially as a

about Contraception result of their need of social desirability
I considered that a point of interest for within the group discussion, but also
my research was emphasizing the subjects’ literally, the Roma women mention the
degree of awareness vis-à-vis family existence of a dialogue with their husbands
planning, contraception and birth control or consensual partners regarding
methods. This topic is important because contraception. Most of the time though,
the first step necessary for adopting a these discussions are not about choosing a
positive behaviour towards birth control birth control method, but mostly about
methods is to know how and what to use. keeping the pregnancy that has already
From my research, it resulted that Roma appeared or about making an abortion.
women know the significance of the family For reasons that I have already presented
planning concept, correlating it either with above, the group interviews were not
the idea of not having children or with the attended by Roma men. Keeping that in
idea of planning a pregnancy, when it is mind, however, from previous discussions
wanted. and direct observation within the
The man’s authority in the Roma family community, and also from discussions with
is reconfirmed in this case, even tough, in the family planning doctor and the sanitary
its basic sense, family planning is an mediator, it resulted clearly that they do
endeavour addressed to the couple. Roma not agree to the idea of family planning. A
women recognize man’s decisional woman’s state of pregnancy, her
authority regarding this aspect. continuous preoccupation with raising and
caring about her children represents an
1
Dept. of Communication and Social Work, Transilvania University of Brasov..
expression of the control exercised by her efficiency, but it is among the most
husband, a guarantee of loyalty in the frequently used methods in the Roma
couple (a value listed among the most communities.
important in the hierarchy of masculine There is also vague and unsuitable
values by Roma men), husbands or knowledge about the natural methods, like
consensual partners do not agree to the the calendar method or the breast-feeding
idea that their wives should attend these method.
services or use contraception. An often encountered practice in the case
In certain situations, however, it is of disadvantaged populations, implicitly in
preferable for Roma women to access the the studied group, is the use of abortion as
family planning services without the a method to avoid an unwanted pregnancy.
consent of their partner, instead of giving It results that, in fact, abortion is
birth to an unwanted child. considered to be an extremely facile
The attempts to inform and educate in method of regulating fertility, with a
order to change the reproductive behaviour “saving” effect when a woman becomes
are usually addressed to the couple. In the pregnant. The interviewed women list it as
particular case of the Roma population, a birth control method while, in fact, it
taking into consideration the man’s represents a counter-gestation method.
dominance at decisional level and the
woman’s lack of autonomy, the campaigns 2. From where Do They Get
to inform and educate were meant mostly Information Regarding Birth Control
for women, because they are the main Methods?
contraception users and furthermore, the The study of the group interviews’
idea of avoiding an unwanted pregnancy transcriptions allows me to formulate the
came first. An unwanted pregnancy could following conclusions regarding the
generate abortion, or other associated information sources of Roma women:
phenomena: child abuse, child • Specialized sources, represented by the
abandonment, domestic violence etc. Thus, sanitary mediator, the family doctor, the
women were encouraged to use doctor specialized in family planning,
contraception even if their partner did not the gynaecologist or persons from
agree at first. various governmental or
The Roma women that were included in nongovernmental organisations that
the interview groups proved to have develop campaigns to inform and
precarious knowledge regarding modern educate in the field of reproduction
birth control methods. Even though they health.
managed to catalogue modern birth control We could be tempted to believe that
methods, their knowledge is superficial. Roma women give great credibility to the
The subjects possess knowledge most suited sources, respectively
regarding empirical methods that are authorized sources. Direct work experience
medically unaccepted, especially in the with these persons, including the
form of vaginal washings. experience gained at a family planning
A method often used, even though it is cabinet, shows us that even though they
not among the conventional methods is the admit the legitimacy of the above
so called withdrawal method (fereala in mentioned sources, these women do not
Romanian) or coitus interruptus. It is a approach them with ease.
frequently used method especially in the Even though the subjects agree that
Transylvanian region, with quite a low specialist doctors have the utmost
Zanca, R.: Contraceptive Attitudes and Practices in the Roma Communities 157
competence in this field, the family 3. The Birth Control Methods –

planning services are less accessed by Representation, Attitudes and
these persons. Practices
The explanation of this fact is linked Examining the transcriptions of the four
with the state of inhibition determined by interviews, I have gathered all the
social distance, by different positions in information regarding the birth control
the social hierarchy, which limits or even methods and their use. I have found the
cancels subjects’ disposition to access participants to be manifesting openness
these sources of information. Thus, their and a lack of inhibition in discussing these
addressability remains at a low level. aspects, the Roma women referring easily
• Another source of knowledge is to their direct and practical experience.
represented by mass media, but the These references can be corroborated
subjects included in the interview with the indirect and attitudinal references
groups did not indicate it frequently. of other participants, which avoided
The explanation is obvious: the cultural describing directly their practical
and educational level of this population experience, avoiding topics like what and
segment is very low and the TV how they do, and limiting themselves to
programmes and designed informative statements like “I’ve heard that…”,
materials fail to adapt information to the “someone used …” etc.
low level of knowledge and The subjects’ discourses contain a series
comprehension. In fact, from a technical of prejudices and incorrect information
point of view, it is rather difficult to adapt about the ways of using different birth
the message to a production of this type. control methods, about their potential
Furthermore, many of the interviewed effects, and even myths that were made up
women are able to read only the simplest on this topic.
texts, even though from a formal point of 3.1. Oral Contraceptives
view they attended school for a certain The interviews have illustrated that this
number of years, which should offer this type of contraceptives are positioned at a
ability. great cultural distance from the Roma
Another barrier is connected with the women. The only thing that they know is
precarious economic condition in which the obligatory character of administering
the targeted population finds itself, this the daily dosage. The lack of daily dosage
meaning that most families do not own a makes oral contraception ineffective.
television set. That is why the There are however subjects who do not
dissemination of information via mass know the proper way to use contraceptives
media or various leaflets is not an effective and who were not direct users of this
solution for this population segment. method.
The members of all four groups on The combined oral contraception is a
which the interview was applied indicated theme filled with a series of myths about
as an information source their group of the negative effects that this method has
friends, or in certain cases, their sister or upon users’ health: hepatic and gastric
their mother. In this case, the valorisation problems, increase of hairiness, the
of formal competence does not occur emergence of cancer etc.
anymore – like the competence of The success of implementing oral
specialists – but the principle of direct contraception in the Roma communities is
experience. dependent on “surpassing the cultural
distance that makes the pills’ cognitive
control difficult” (Hatos, 2004, p. 94). First concerning especially the idea that this
of all, it is necessary to increase the degree device could move, could perforate other
of women’s awareness regarding the organs, or it could lead to the appearance
usage, the action mechanism and the of tumours.
benefits of using “the pills”. Another 3.3. Injectable Contraceptives
indispensable element for implementing Being a relatively new method, it has its
this extremely effective birth control share of myth regarding possible negative
method is the need to change the effects.
perception of Roma women regarding this Nevertheless, the fact that this method
method, to “demolish” the myths about its does not require daily administration, or
negative effects and to emphasize its every time a sexual contact occurs,
significant benefits. determined it to be used by some of the
3.2. The Intrauterine Device (IUD) women from the interview groups. These
This seems to be one of the more women tend to recommend it to others.
accepted methods by the interview Also regarding this method, there are a
participants. As it resulted from the group series of incorrect beliefs, based on the
discussions, there are users among the lack of information.
interviewed women who appreciate 3.4. The Condom
positively their experience with this The condom is considered to be
method. Obviously, we cannot generalize exclusively for men; therefore it is scarcely
the preference for the IUD at the level of discussed in the group discussions about
the entire Roma population, but we can birth control methods. Many of the
affirm that IUD is one of the methods used participants to the discussions claim that
more frequently than oral or injected their spouses do not want to use condoms,
contraceptives, for example. and they as their wives or consensual
From the preparatory conversations and partners could not change this attitude.
from the work experience with this
community, I could state that IUD is 4. Sexually Transmitted Diseases –
preferred because it is more comfortable Cognition and Prevention
and it does not require a strict procedure to The degree of awareness regarding the
administer it, which assures a certain sexually transmitted diseases (STD) is
degree of comfort. Furthermore, it is a alarmingly low. Even though they “heard”
device that once inserted, can be kept for of these diseases, the participants see their
long periods of time and it does not require existence as an exterior and distant reality,
frequent visits to specialized medical with which they won’t come into contact.
services. Thus, there is no constant concern for
A part of the interviewed women are learning about their transmission and
informed about the need to have a state of prevention mechanisms and also for
proper health of the genital organs, and the learning about the risk factors.
importance of a periodic control that has to The means of transmitting these diseases
be undergone. are known only by a small number of
As in the case of oral contraceptives, a participants, and information about them is
series of reactions that have nothing in incomplete or even partially wrong.
common with the way the IUD actually The only method of preventing the
works, are nevertheless considered to be transmission of these diseases was
real. In other words, there are a series of identified by the interview participants to
myths also regarding this method, be the condom use.
Zanca, R.: Contraceptive Attitudes and Practices in the Roma Communities 159
This element contradicts however the Regarding the attempts to increase the
attitude regarding condom use, level of awareness, the participants thus
respectively avoidance, rejection, which stated:
outlines an alarming image regarding the • The specialized consultations should be
risks incurred by the Roma population. performed by a specialized doctor or
More participants do not even know a nurse and should have a personal and
condom’s role in preventing the individual character (a fundamental
transmission of this type of infections, request for any family planning service)
considering that insuring a proper hygiene • The efforts to increase the level of
is enough in this regard. awareness can also have a personal
character (i.e. personal discussions), but
5. The Family Planning Services also a group nature (i.e. group
Network – Subjects’ Specific discussions, proceedings etc.) and could
Requirements. Information be moderated by various types of
Promotion specialists: doctors, sanitary mediators,
By examining the interviews transcripts, social workers etc.
an ideal model for offering family planning
services–from the subjects’ point of view - References
could be designed. This model contains not
only elements linked with the services’ 1. Becker, G.: Comportamentul uman. O
location, accessibility, and cost but also abordare economică (The Human
characteristics belonging to those that will Behaviour. An Economic Approach).
promote the specific information. In a Bucureşti, Editura All, 1994.
nutshell, these are the requirements, as 2. Berevoescu, I.: Zonele sărace, model
they emerged from the interview analysis: atipic demografic (The Poor Areas, an
• The services must be within the subjects’ Atypical Demographic Pattern). In:
proximity, because the costs for Sărac lipit, caut altă viaţă! ([I’m]
transport cannot be covered, thus the Broke and Looking for another Life!),
women would not be able to access Stănculescu, M., Berevoescu, I. (eds.).
family planning services; Editura Nemira, Bucureşti, 2004,
• The services must be projected and pp. 70-98.
offered so that they respect the client’s 3. Berevoescu, I., Cace, S., Sima, C., D.
rights: confidentiality, privacy and to et al.: Indicatori privind comunităţile
possess an indiscriminate character; de romi din România (Indicators
• The services offered and also the Regarding the Roma Communities
distributed contraceptives should be free from Romania). Bucureşti. Institutul de
of charge; Cercetare a Calităţii Vieţii, 2002.
• The specialty consultations should be 4. Chipea, F., Chipea, L.: Rolul familiei
offered by qualified personnel; i.e. în asigurarea unui comportament
doctors and nurses: reproductive sănătos (The Family’s
• The specialized services should be Role in Ensuring a Healthy
offered by a woman (the Roma women Reproductive Behaviour). In:
feel the gender barrier and avoid Contracepţie, dragoste şi sărăcie
discussing the topic with a man, even if (Contraception, Love and Poverty).
the latter has proper qualifications). Hatos. A. (eds.). Editura Universităţii
din Oradea, 2004, pp. 9-27.
5. Costin, S. D.: Planificarea familială 11. Surdu, M.: Sarcina şi căsătoria

(Family Planning). In: Romii în timpurie în cazul tinerelor roma
România (The Roma in Romania). C. (Pregnancy and Early Marriage in the
Zamfir, M. Preda (eds.). Editura Case of Roma Girls and Young
Expert, Bucureşti, 2002. Women), In: Raport elaborate pentru
6. Coale, A. J., Watkins, S. C. (eds.): The Centrul Educaţia 2000+ (Report
Decline of Fertility in Europe. Prepared for the Educaţia 2000+
Princeton, University Press, 1986. Center), 2004, ***.
7. Crişan, N.: Ţiganii. Mit şi realitate 12. Teodorescu, M.: Sănătatea celor în
(Gipsies. Myth and Reality). Bucureşti. mizerie (The Health of those in
Editura Albatros, 1991. Misery). In: Sărac lipit, caut altă
8. Gheţău, V.: Evoluţia fertilităţii în viaţă! ([I’m] Broke and Looking for
România. De la transversal la another Life!), Stănculescu, M.,
longitudinal (The Evolution of Fertility Berevoescu, I. (eds.). Editura Nemira,
in Romania. From Transversal to Bucureşti, 2004, pp. 268-287.
Longitudinal). In: Bibliotheca 13. Zamfir, C.: Ţiganii între ignorare şi
Demographica, nr. 5, Academia îngrijorare (Gipsies Between Ignoring
Româna, Centrul de Informare şi and Worrying). Bucureşti. Editura
Documentare Economică, Bucureşti, Alternative, 1993.
1997. 14. Zanca, R.: Determinanţi psihosociali
9. Gheţău, V.: Declinul demografic şi ai comportamentului natalist în
viitorul populatiei României. O populaţia defavorizată (Psychosocial
perspectivă din anul 2007 asupra Factors of Pro-Nativity Behaviour in
populaţiei României în secolul 21 (The the Disfavoured Population). In:
Demographic Decline and the Future Proceedings entitled Psihologia şi
of Romania’s Population. A 2007 aderarea europeană (Psychology and
perspective about the Romania’s European Integration) of the 15th
Population in the 21st Century). International Symposium Cercetări şi
Buzău. Editura Alpha MDN, 2007. aplicaţii în psihologie (Research and
10. Hatos, A.: Practici şi atitudini Applications in Psychology),
contraceptive ale populaţiei feminine Timişoara, 2006.
de vârstă fertilă. Studiu în judeţul 15. Zanca, R.: Creşterea accesului
Bihor (Contraceptive Practices and populaţiei defavorizate la serviciile de
Attitudes of Fertile Age planificare familială şi sănătatea
Women’Population. A study in the reproducerii (Increasing the
Bihor County). In: Contracepţie, Disfavoured Population Access to
dragoste şi sărăcie (Contraception, Family Planning and Reproduction
Love and Poverty), Hatos, A. (eds.). Health Services). In: Proceedings of
Editura Universităţii din Oradea, 2004, the Symposium Dezvoltare şi integrare
pp. 49-128. comunitară (Community Development
and Integration), Braşov, 2006,
pp. 237-242.
LAW
TAX DODGING. THE OFFENCE

STIPULATED BY ARTICLE 9
PARAGRAPH.1 LET. A FROM
LAW 24/2005. CONSIDERATIONS.
Adrian ALDEA 1
Abstract: The publication of Law no 241/2005 led to achievement of the

mostly desired systematization of the deeds that represens offences of tax
dodging, the new law proving to be more compelling related to the definition
and the approach of the offence than the previous legal frame. This article
tackles the concept of tax dodging from the perspective of being one of the
most frequent offence as presented by art. 9 paragaraph. 1 let.a from Law no
241/2005.
Key words: offence, tax dodging, elude, taxable income.
1. Introduction legally owes because his permanent or

Within the law no. 241/2005 the concept temporary activities generate taxable
of tax dodging is no longer legally defined incomes. The activity may appear as an
unlike the previous one which stipulated action or as a lack of action, still
this domain. Description of the concept is maintaining the specific illicit character
comprised within Chapter II from Law and the specific effects (the trial and even
241/2005, articles 3-9, its legal content the success to harm the state budget).
being pointed out among article 9. As a consequence of the modifications
Within the law no 87/1994 republished, brought by the law 161/2003 the concept
the concept of tax dodging was defined as of tax dodging additionally comprised, in
eluding, by any means, from declaration or comparison with the old law, the activities
payment of taxes, duties, contributions or of eluding from taxes declaration in the
other amount owed to the state budget, stage when they do not become exigible
local budgets, social securities’ budgets yet. The new stipulations from law
and special funds’ budgets by the 161/2003 show the compliance between
Romanian or foreign individuals or the definition of tax dodging and the
companies, all called tax payers. In offences of tax dodging regarding both the
contrast with the old stipulations, the new activities of „eluding from taxes’
statements gave up the explanatory note declaration” and of „eluding from taxes’
„completely or partially”. payment”. In these circumstances the tax
Therefore, the tax dodging consists of an dodging is considered to be an offence of
illicit activity through which the tax payer menace or an offence of effect, by case.
eludes the obligation to pay to the state These legal definitions no longer belong
some taxes, duties, contributions that he to the content of law 241/2005, but they
1
Dept. of Public Law, Transilvania University of Brasov.
can be determined based on the analysis of In conclusion, even if the state will suffer
the offences presented within this law and any prejudice, the means which led to this
of their immediate effects. situation does not entail any penalty from
the specific authorities.
2. Tax dodging Types Some authors[3] even offer examples of
In relation to the means of execution and legal tax dodging based on legislation’s
if there are infringed certain norms through insufficiency or favorable interpretation of
the method of fiscal obligations’ avoidance the law:
two types of tax dodging can be - usage within certain limits of legal
emphasized: legal or tolerated tax dodging stipulations regarding philanthropic
and illicit or fraudulent tax dodging. donations, no matter if they took place
2.1. Legal Tax Dodging or did not;
The doctrine’s opinion is shared between - deduction from taxable income of
its experts regarding the notion of legal tax protocol and advertising expenses with
dodging. Some authors[1] consider this type a higher level that the one that results
of tax dodging as being the action of the from applying legal rates;
tax payer through which he avoids the law - favorable interpretation of legal
applying an unforeseen combination of stipulation regarding important facilities
legal stipulations, therefore being for contribution to support social
„tolerated by losing sight”. Other authors[2] activities;
mention that through this type of tax - making up depreciation or reserves’
dodging the elusion of some parts of the funds in a higher ratio than the ones
taxable source is allowed without justified from the economic point of
considering this conduct to bring harm to view, in this way decreasing the taxable
any law and to be penalized as an offence income.
or as a contravention. 2.2. Illicit Tax Dodging
In my opinion, in this case it only can be This type of tax dodging consists of all
considered the existence of some the tax payers’ actions which break a legal
inadvertencies or gaps of the law and this stipulation with the purpose of not paying
type of tax dodging has a high probability the related taxes. This is based on fraud
of occurrence when new forms of and dishonesty of the tax payer.
enterprises or new categories of taxes are Illicit tax dodging is incriminated and
established (major changes in legislation punished by the law through
without correlation with internal existing contraventions and offences. This is the
law, in fact a serious mistake of legal role of the law 241/2005 regarding
conception). prevention and control of tax dodging
After all, the tax payers find some which, in comparison with the old law
deficiencies of the law, use them and 87/1994, republished and modified by the
legally elude the payment which they were law 16/2003, does not mention dangerous
obliged to made because of the legislative deeds socially punished through
shortages. Acting in such a manner, the tax contravention, but only through offences.
payers remain within the strict limit of
their rights. The state can only defend itself 3. Offence Stipulated by Article 9
through o well structured, clear, precise, Paragraph.1 letter a
scientific legislation. On these terms, the A. Legal Content:
one who carries the guilt for this negative The offence consists in „concealing the
phenomenon is only the state. taxable good or source” with the object of
Aldea, A.: Tax Dodging. The Offence Stipulated by Article 9 Paragraph.1 Let. A … 165
eluding from fulfillment of fiscal seasonal work, consultancy, real estate

obligations as presented in paragraph.1 of securities, inheritance right).
article 9 from Law 241/2005. In the experts’ references[5], the deed of
B. Constitutive Elements: an usurer that declares in front of the
I. The special legal object and also the notary, while authenticating a loan
passive subject are common with the ones contract, that he grants the loan without
of other offences and refer to social charging interest, a statement which proves
relations regarding the development of to be unreal afterwards, performs the
economic and financial activities whose method of concealing the taxable source
achievement assumes honest fulfillment of (interest).
fiscal obligations by the tax payers, the Similarly[6], it can be considered the
passive subject being represented by the deed of the person that declares a lower
state or administrative units. price than the real one, while
II. Material object. Some authors[4] authenticating a loan contract in front of
consider that the material object of this the notary.
offence has a high degree of complexity: Another example can be mentioned: the
on one hand, mainly, the taxation administrator of a private enterprise who
statement counterfeited by the tax payer did not register significant amounts of
and on the other hand, subordinately, the money obtained from selling goods which
amount of money obtained by the tax results in eluding from profit tax
payer. payment.[7]
The material object of the offence is The administrator who frequently and
made up of the taxable incomes, object or according to the same resolution resold
source. important quantities of merchandise to
III. Active subject. Active subject is another private company at a lower price
qualified, he/she being a tax payer liable to than the acquisition price or disguised
fiscal obligation. In absence of this quality manual labor, based on an agreement
the deed does not represent an offence. The contract, committed a fiscal offence by
attribute of tax payer is conditioned by the recording the price difference on costs’
existence of a fiscal juridical report side (without real ground) that leads to
enforced by the law. purloining from the payment of profit tax
IV. Objective side: The material and value added tax (VAT). [8]
element of this offence lies in eluding the Also the culprit deed that, as a tax payer,
fulfillment of fiscal obligations through had the obligation to declare to the
concealment of the taxable object or Financial Authority the incomes achieved
source. from renting his office building to another
Concealment of the taxable object or company (monthly rent is cash-in), but he
source means the action of taking away avoided the payment of fiscal obligation,
from the fiscal authorities’ sight either the was qualified as an offence by the
object that generates payment of some Supreme Court.[9]
amounts to the state budget (for example Immediate consequence is represented
when passing over the state frontier some by giving rise to a menacing frame of mind
goods for which custom duties must be regarding incomplete collection, from all
paid are hidden in the boot of the vehicle) tax payers who own taxable goods or
or the entity which represents the sources, of the amounts owed to the state
computation ground for taxes or duties budget as taxes or duties. In this respect,
(carrying out services like taxicab services, the above-mentioned offence is a formal
one because the law does not demand that III. Sanctions: The penalty stipulated by
the aim should be achieved by the tax the law for this offence described within
payer, but be pursued by him. paragraph 1 of article 9 from the law, is
Causality report, that must be determined represented by the imprisonment from 2 to
between the deed and its effect, is 8 years and forbiddance of some rights.
presumed by the law without being
necessary to establish it and to prove it by References
the judicial authorities.
V. Subjective side: The offence is 1. Clocotici D., Gheorghiu Gh.: Tax
committed exclusively with direct Dodging. Editura Lumina Lex,
intention, meaning that intention is Bucharest, 1997.
qualified by the purpose. The person who 2. Văcărel I., Anghelescu G.; Bistriceanu
commits the deed knows that he/she Gh. D.; Mosteanu T., Bercea F.,
achieves taxable incomes or owns taxable Bodnar M., Georgescu F.: Public
goods, but does not declare them to finances. Editura Didactică şi
competent authorities with the determined Pedagogică, Bucharest. 2000, p. 475.
end in view to elude from fiscal obligation 3. Şaguna D. D., Tutungiu M. E.: Tax
fulfillment. dodging. Editura Oscar Print,
C. Forms. Methods. Sanctions. Bucharest. 1995, p.25.
I. Forms. The offence can be considered 4. Dumitru I.: Law no. 1/2002. Offences
to be committed when the time limit for stipulated by art. 12 and 13 from Law
any taxable income’s declaration expired no. 87/1994. Differences. pp. 195-198.
as stipulated within the Fiscal Code or 5. Olaru I.: Juridical qualification of the
within the law that states the tax or duty deed regarding the statement of a
and followed by no declaration from the lower price than the real one in front
tax payer regarding the taxable source or of the notary. Law no. 6/1999, p. 56.
good, through concealing them. If this 6. Olaru I.: Juridical qualification of the
concealment lasts, after the offence was deed regarding the statement of a
committed there will be a continuous lower price than the real one in front
offence, whose ending will take place at of the notary. Law no. 6/1999, p. 56
the moment of legal and complete 7. Bucharest Court of Appeal, Penal
declaration of the deed. Section II, Dec. Pen. No. 227 from
II. Methods: The offence presents one 25.02.1999 quoted by DAN SAFTA
single normative method consisting in and Co., p. 75
concealment of the taxable good or source 8. Prosecutor charge no. 11/1197 from
with the object stipulated by the law. 25.05.1998 issued by Prosecutor
Various factual methods comply with this Office from Suceava Court of Appeal,
normative method; for example, when the unpublished.
possession of the good is subject to 9. Supreme Court of Justice. Penal
taxation on customs, when vehicle Section. Decision 2786 from 11 June
possession is implied, etc. 2003, www.csj.ro.
THE DILEMMA OF POSITIVE

LEGISLATOR OR THE DIFFICULTIES
OF THE CONSTITUTIONAL
PROCEDURAL LAW
Anamaria BIANOV 1
Abstract: The Constitutional Court is definitely one of the most disputed

public authorities in the Romanian constitutional system. The difficulties in
approaching the constitutional procedural law come from the lack of
juridical tradition in dealing with such a public institution and its decisions.
In this essay we want to emphasize the errors encountered in jurisprudence
due to the misunderstanding of the constitutional role of the above-mentioned
authority.
Key words: Constitutional Court of Romania, decision, freedom of speech.
Freedom of expression is one of the real national, racial, class or religious hatred,
gains of the Romanian society after 1989. any incitement to discrimination, territorial
Commonly known as freedom of speech separatism, or public violence, as well as
(even if we prefer the juridical term any obscene conduct contrary to morality
“expression”, since we do not deal only shall be prohibited by law. The Romanian
with the verbal statements in this case), Criminal Code used to incriminate in the
this individual right is contained in the articles 205 and 206 the offences related to
most important documents ratified or human’s dignity in order to offer a serious
adopted by Romania, such as Universal counterpoint for the Art. 30 paragraph 6 of
Declaration of Human Rights, European the Romanian Constitution. By means of
Convention of Human Rights or the the offences of slander and libel the
Constitution of Romania. Even if Romanian legislator desired to protect the
Romanians tend to give an absolute power right to dignity, honour, privacy of a
to this particular gain of a democratic person, as well as the right to one’s image.
society, freedom of expression is not an Slander is a type of defamation. Slander is
absolute right. an untruthful oral (spoken) statement about
The Constitution of Romania also a person that harms the person's reputation
provides explicit restriction of freedom of or standing in the community. If the
expression. Thus, freedom of expression statement is made via broadcast media -
shall not be prejudicial to the dignity, for example, over the radio or on TV - it is
honour, privacy of a person, and to the considered libel, rather than slander,
right to one's own image. Any defamation because the statement has the potential to
of the country and the nation, any reach a very wide audience.
instigation to a war of aggression, to But for a greater protection of press
1
Dept. of Private Law, Transilvania University of Braşov.
freedom and independence, the Minister of to the unconstitutionality of laws and

Justice initiated in Parliament a project of ordinances, brought up before courts of
amending the Criminal Code, a project that law or commercial arbitration; the
repealed the offense of slander and libel. objection as to the unconstitutionality may
The two chambers of the Romanian also be brought up directly by the
Parliament adopted the project and it Advocate of the People; e) to solve legal
became Law No. 278/2006 for amending disputes of a constitutional nature between
the Romanian Criminal Code after being public authorities, at the request of the
promulgated by the President of Romania. President of Romania, one of the
Promulgation is the constitutional act by presidents of the two Chambers, the Prime
means of which a legal text can be sent to Minister, or of the president of the
Romanian Official Gazette to be published. Superior Council of Magistracy; f) to
Three days after publishing, the law comes guard the observance of the procedure for
into force and produces juridical effects. the election of the President of Romania
Due to these circumstances, in front of and to confirm the ballot returns; g) to
the Timisoara, Targu Jiu and Sibiu courts, ascertain the circumstances which justify
three different persons invoked the the interim in the exercise of the office of
objection of unconstitutionality. The three President of Romania, and to report its
courts admitted the exception and findings to Parliament and the
addressed to the Constitutional Court of Government; h) to give advisory opinion
Romania to solve this litigation. on the proposal to suspend from office the
The Constitutional Court represents, as President of Romania; l) to guard the
defined in Article 142 of the fundamental observance of the procedure for the
law, the guarantor for the supremacy of the organization and holding of a referendum,
Constitution of Romania. The and to confirm its returns; j) to check the
Constitutional Court has the following compliance with the conditions for the
powers: a) to adjudicate on the exercise of the legislative initiative by
constitutionality of laws, before the citizens; k) to decide on the objections of
promulgation thereof upon notification by unconstitutionality of a political party; l) to
the President of Romania, one of the carry out other duties stipulated by the
presidents of the two Chambers, the organic law of the Court. As settles in
Government, the High Court of Cassation Art.147 of the Constitution of Romania,
and Justice, the Advocate of the People, a (1) the provisions of the laws and
number of at least 50 deputies or at least ordinances in force, as well as those of the
25 senators, as well as ex officio, on regulations, which are found to be
initiatives to revise the Constitution; b) to unconstitutional, shall cease their legal
adjudicate on the constitutionality of effects within 45 days of the publication of
treaties or other international agreements, the decision of the Constitutional Court if,
upon notification by one of the presidents in the meantime, the Parliament or the
of the two Chambers, a number of at least Government, as the case may be, cannot
50 deputies or at least 25 senators; c) to bring into line the unconstitutional
adjudicate on the constitutionality of the provisions with the provisions of the
Standing Orders of Parliament, upon Constitution. For this limited length of
notification by the president of either time the provisions found to be
Chamber, by a parliamentary group or a unconstitutional shall be suspended de
number of at least 50 Deputies or at least jure. (2) In cases of unconstitutionality of
25 Senators; d) to decide on objections as laws, before the promulgation thereof, the
Bianov, A.: The Dilemma of Positive Legislator or the Difficulties of the Constitutional … 169
Parliament is bound to reconsider those person’s dignity and honour cannot be

provisions, in order to bring them into line defended. No matter in which modality
with the decision of the Constitutional these offences are committed, or the
Court. (3) If the constitutionality of a treaty quality of the persons who commit the
or international agreement has been found offences, these deeds represent a serious
according to article 146 b), such a attack to the person’s image, honour and
document cannot be the subject of an reputation. If these deeds are not
objection of unconstitutionality. The treaty incriminated by the Criminal Code they
or international agreement found to be shall conduct to a de facto reaction of the
unconstitutional shall not be ratified. (4) persons offended and thus to a permanent
Decisions of the Constitutional Court shall social conflict, since the only civil law
be published in the Official Gazette of cannot be the best juridical defense for the
Romania. As from their publication, one who suffered such an injury. In the
decisions shall be generally binding and Court’s opinion, the amendments brought
effective only for the future. to the Romanian Criminal Code created a
The Constitutional Court has the power legislative vacuum since the possibility
to decide on objections as to the admitted for the injured person to obtain
unconstitutionality of laws and ordinances, moral damages in a civil law does not
brought up before courts of law or represent a real juridical defense. A lawsuit
commercial arbitration; the objection as to based upon the provisions of Art. 998 from
the unconstitutionality may also be brought the Romanian Civil Code with regard to
up directly by the Advocate of the People. the patrimonial liability for the prejudices
Therefore, the Constitutional Court was the produced by means of licit deeds is
only institution liable to solve this definitely not an adequate juridical
problem. After studying the case, the Court protection since dishonour cannot be
admitted the exceptions and decided that repaired, and human dignity cannot be
the repeal of the offences of slander and evaluated in money or compensated.
libel is unconstitutional. Therefore, the repeal of the deeds of
The Constiturional Court was notified by slander and libel infringe upon the
the Court of Timisoara, the appelant being provisions of Art. 21 – free access to
Mihaela Marza in the case no. justice - and Art. 30 – freedom of
3.003/325/2006, the Court of Targu Jiu, expression.
the appelant being Sofia Ţămbălaru, in the The Constitutional Court of Romania
case no. 2.414/P/2006 and the Tribunal of observed that the free access to justice
Sibiu – the Criminal Section, the appelant does not mean only the possibility of
being Elena Iulia Ştefănescu in the case no. addressing the courts of justice, but it also
1.462/85/2006. The debates took place in a means that the persons must take benefit of
public session on 11th of January 2007 in adequate methods of preserving the
the presence of the author of exception, infringed right, according to the
Elena Iulia Ştefănescu and of the seriousness and of the degree of the social
representative of the Public Ministry. damage of the deed that infringed upon
The decision of the Constitutional Court one’s right. In the same way, the European
was published afterwards, since the Court of Justice stated constantly that in its
constitutional judges had pronounced no jurisprudence (see for example the cases
opinion in the public session. In its Aydin vs. Turkey - 1997, Conka vs.
motivation, the Court found that, by Belgium – 2002), that the essential effect
repealing the deeds of slander and libel, the of the provisions of Art.13 from the
European Convention resides in imposing of the collectivity and by the just value of
the existence of an internal recourse that one’s reputation. Therefore, the values
abilitates the national court to offer an mentioned above, preserved by the
“adequate repairing”, the recourse being Criminal Code, have a constitutional
effective as well as in the legal disposals as dimension, the human dignity being
well as in the practice of applying the legal consecrated in Art.1 paragraph 3 of the
settlements. Constitution of Romania as one of the
Or the removing of the criminal methods supreme values. Thus, the quoted text
of guarding the human dignity, as a from the fundamental law settles that
supreme value of the state of law, “Romania is a democratic and social state,
determines the infringement upon the governed by the rule of law, in which
effective nature of the access to justice in human dignity, the citizens' rights and
this matter. Still, the Court observes that freedoms, the free development of human
as an effect of the repeal analyzed in this personality, justice and political pluralism
case, as contrary to the persons whose represent supreme values, in the spirit of
rights were infringed – others than honour the democratic traditions of the Romanian
and good reputation – and who can address people and the ideals of the Revolution of
the courts of justice to defend their rights, December 1989, and shall be guaranteed
the victims of the deeds of slander and Romania is a democratic and social state,
libel have no real and adequate opportunity governed by the rule of law, in which
of taking benefit, on judiciary term, of the human dignity, the citizens' rights and
defense of their dignity – the supreme freedoms, the free development of human
value guaranteed by the fundamental law. personality, justice and political pluralism
The juridical object of the deeds of represent supreme values, in the spirit of
slander and libel settled in Art.205, the democratic traditions of the Romanian
respectively in Art. 206 of the Criminal people and the ideals of the Revolution of
Code, is represented by the person’s December 1989, and shall be guaranteed”.
dignity, reputation and honour. The active Taking into consideration the
subject of the offences analyzed isn’t outstanding importance of the value
circumstantiated and their deed can be preserved by the disposals of Art.205, 206
produced directly, orally, by written texts and 207 from the Romanian Criminal
published in media or by means of audio- Code, the Constitutional Court of Romania
visual communication. No matter the observed that the repeal of these texts
modality in which these deeds are infringes upon the settlements of Art.1
committed or the quality of the people paragraph 3 from the Constitution of
involved – no matter they are common Romania.
people, politicians, or journalists, etc. – the The Court observed also that the repeal
facts that represent the legal content of of Art. 205, 206 and 207 of the Criminal
these offences damage seriously the human Code infringes upon the disposals of
personality, the dignity, the honour or the Art.30 paragraph 8 from the Constitution
reputation of those who are thus aggressed. of Romania, since in the cases in which the
If such deeds weren’t discouraged by the offences of slander and libel are committed
modalities of the criminal law, they would in media, the constitutional text mentioned
conduct to the reaction de facto of those above states that „the indictable offences
offended and to permanent conflicts that of the press shall be established by law”. In
can make impossible the social living the absence of any distinction, it results
based upon mutual respect of the members that the press offenses can be settled in a
Bianov, A.: The Dilemma of Positive Legislator or the Difficulties of the Constitutional … 171
special law – for example a law of press as by law and are necessary: a) for respect of
in the case of France – or in a common the rights or reputations of others and b)
criminal law, as the case under discussion, for the protection of national security or of
namely the Criminal Code. Therefore, the public order, or of public health or
constitutional dimension of the press morals”.
offenses imposes that they cannot be From the normative disposals quoted
eliminated from the legislation, but they above it results without doubt that there is
can be submitted to a penalty regime no incompatibility between the principle of
chosen by the legislator. freedom of expression and the
The limits of the freedom of speech, incrimination of the slander and libel that
settled in Art.30 paragraph 6 from the imposed in the first case the repeal of the
Constitution of Romania are in accordance offences mentioned above.
with the term of liberty/freedom that Surely, this decision was historical since
cannot be understood as an absolute right. its effects were for the first time so
The juridical and philosophical disputed. But we agree upon the majority
conceptions promoted by the democratic decision, even if we admit that indirectly
societies admit that the freedom of a the Court becomes a positive legislator.
person ends where the freedom of another The Constitutional Assembly couldn’t
person starts. In this sense, Article 57 from imagine all the possible social relations
the Constitution of Romania settles that when it settled the general disposals
„Romanian citizens, foreign citizens, and concerning the activity of the
stateless persons shall exercise their Constitutional Court. And definitely the
constitutional rights and freedoms in good legislator did not stipulate expressly what
faith, without any infringement of the decision should the Court take when
rights and liberties of others”. An identical dealing with the repeal of a legal text,
limitation is settled in Art.10 paragraph 2 repeal that is considered unconstitutional.
from the European Convention of Human If we only think in a limited way that the
Rights - „no restrictions shall be placed on unconstitutionality of the repeal has as an
the exercise of these rights other than such effect the coming into force of the former
as are prescribed by law and are necessary juridical text that was repealed, than we
in a democratic society in the interests of agree that the Court becomes a positive
national security or public safety, for the legislator. But we must observe that the
prevention of disorder or crime, for the Court does not behave as a legislator. The
protection of health or morals or for the only legislator was the Parliament. The
protection of the rights and freedoms of Parliament incriminated the offences in the
others. this article shall not prevent the first place, as well as the Parliament
imposition of lawful restrictions on the repealed the same offences. The question
exercise of these rights by members of the to ask in this particular case is whether the
armed forces, of the police or of the unconstitutionality of a Law of repeal
administration of the State” – as well as in could or not be sanctioned, and in our
Art.19 paragraph 3 of the International opinion any unconstitutionality of a legal
Covenant on Civil and Political Rights – text must be sanctioned since the
„the exercise of the rights provided for in Constitutional Assembly did not make any
paragraph 2 of this article carries with it difference between the legal texts what so
special duties and responsibilities. It may ever. Since the main role of the
therefore be subject to certain restrictions, Constitutional Court is to observe and
but these shall only be such as are provided sanction the unconstitutionality of a legal
text, the Court completed its role in the constitutional subjects, no one can say that
case. The Parliament could take act of the a decision of this institutional body does
decision and make a change. The legislator not have juridical effect. The prosecutor
could find another modality of must understand that the Constitutional
incriminating the offences of slander and Court does not replace the Parliament in a
libel, but as no action was taken, slander democratic state where the principle of the
and libel found their previous expression. separation of powers functions. Its only
Unfortunately, the public prosecutors do purpose is to verify if the constitutional
not share the same opinion. In a resolution subjects respect the provisions of the
given on 7th of April 2008, to a plaintiff Constitution of Romania. And in the cases
formulated by O.I. with regard to a libel, when the Court observes any
one of the prosecutors of the Prosecution infringements upon the constitutional
Department of the Court of Braşov stated settlements, it is entitled to issue sanctions.
the following point of view: the plaintiff is In this particular case the sanction
rejected, and the offender M.L. is out of established is the abrogation of the
criminal action based upon Art.228 from provisions considered to be
the Criminal Proceedings Code, with unconstitutional. And this sanction was
regard to Art.10, paragraph 1 letter be of applied for the only reason that the
the Criminal Proceeding Code, since his Parliament, the sole legislative body, did
deed is not incriminated by the Criminal not take any action in 45 days, the legal
Code. The prosecutor takes into period for modifying the provisions found
consideration the Decision No.62/2007 of unconstitutional. And that means, from the
the Constitutional Court of Romania constitutional and legal point of view, that
regarding the unconstitutionality of the libel and slander are offences and are
disposals of the Law No.278/2006 for sanctioned on the ground of articles 205
amending the Romanian Criminal Code, and 206 from the Criminal Code that came
but she considers that in order to into force 45 days after the Constitutional
incriminate the libel, the legislator should Court of Romania issued the Decision
have interfered after the moment the No.62/2007.
Constitutional Court issued the above
mentioned decision. The prosecutor References
considered that only the Parliament could
make any legislative changes, therefore 1. Muraru, I., Tanasescu, E. S.:
since the legislator didn’t modify the Law Constitutional Law and Political
No.278/2006, the deeds of slander and Institutions. All Beck Publishing
libel are not incriminated by the Criminal House, Bucharest. 2005.
Code. 2. Deleanu, I.: Constitutional Institutions
The resolution is quite outstanding, we and Proceedings. C. H. Beck
may say. It is perfectly true that the Publishing House, Bucharest. 2006.
Constitutional Court of Romania is not a 3. The Decision of the Constitutional
legislative body. Its own purpose is to Court of Romania No. 62 from
sanction any infringement brought upon 01/18/2007 published in Romanian
the Constitution by a legal text, but since Official Gazette Part I, No.104 from
its decisions are mandatory for the 02/22/2007.
THE CASE-LAW OF THE COURT

OF JUSTICE OF THE EUROPEAN
COMMUNITIES CONCERNING
THE LAW OF THE WORLD TRADE
ORGANIZATION AND THE AUTONOMY
OF THE EUROPEAN COMMUNITY
IN THE IMPLEMENTATION OF ITS
COMMON COMMERCIAL POLICY
Miguel Ángel CEPILLO GALVÍN 1
Abstract: In the last years some authors have questioned the autonomy of
the European Community when implementing its commercial policy, due to
the amount of trade agreements signed by it and especially because of the
commitments acquired in the WTO. There is no doubt that the compulsory
fulfilment of these commitments is a conditioning factor with regard to the
implementation of the Common Commercial Policy, but that doesn’t make
the autonomy of the EU disappear in order to put its model of commercial
policy into practice. In this respect, it’s necessary to underline the ample
discretionary margin in the management of the commercial policy that the
Court of Justice of the European Communities recognizes in favour of the EU
institutions within the framework of its case-law related to the denial of the
direct effect of the WTO agreements, as we analyze in this paper.
Key words: WTO agreements, Direct effect, Common Commercial Policy.
1. Introduction This performance of the European Union

Since its creation in 1957, the European on an international level becomes
Community has carried out important particularly important in the current
activities internationally, which has climate, as we are witnessing the
consolidated its position as a vital player in increasing globalization of the economy
the international field. and a strengthening of the multilateral
This role has particular significance in trading system following on from the
the economic and commercial sphere [1], strong boost that it received as a result of
which is unsurprising if we bear in mind the creation of the World Trade
that the European Union constitutes the Organization in 1995.
main trading power on a world level. In fact, the European Community has
shown itself to be particularly active both
1
Associate Professor (Profesor Colaborador) of Public International Law and International Relations
University of Cadiz (Spain).
on a multilateral level, taking on a leading position of the Court of Justice of the

role in the World Trade Organization European Communities on this matter.
(WTO), as well as on a bilateral or
regional level, when it comes to finalizing 2. The Case-Law of the Court of Justice
trade agreements with non-member of the European Communities
countries, thus acquiring numerous Concerning the Direct Effect of the
international agreements within the World Trade Organization
commercial sphere. Agreements within the European
Although, in principle, one could Union
maintain that a limited margin of discretion As is well known, in accordance with the
currently exists for the EU institutions as aforementioned case-law, the Court of
regards the management of the Common Justice of the European Communities has
Commercial Policy, specifically due to the made it clear that the international
commitments agreed on in the World agreements that are legitimately signed by
Trade Organization and those arising from the European Community form an integral
the intense network of preferential part of the EU legal system, and that the
agreements signed by the European regulations included in such agreements
Community with non-member countries, in that are sufficiently necessary and
our opinion this position is more than unconditional may produce direct effect.
debatable. However, the Court of Justice of the
There is no doubt that the compulsory European Communities denies this
fulfilment of the international possibility in relation to the regulations
commitments that link the European included in the GATT, due to this
Community is a conditioning factor with agreement’s great flexibility when taken as
regard to the implementation of its a whole, in particular those regulations
Common Commercial Policy, but that does through which the possibility of repeals are
not make its autonomy disappear in order conferred, as well as the possibility of
to achieve its own model of commercial adopting measures against situations of
policy. exceptional difficulty and the system
In this respect, it is necessary to considered for the resolution of conflicts
underline the ample discretionary margin between the contracting parties.
in the management of the Common The Court of Justice of the European
Commercial Policy that the Court of Communities equally denies the possibility
Justice of the European Communities that the regulations included in the WTO
recognizes in favour of the EU institutions, agreements produce direct effect, due to
despite the existence of such international reasons similar to those mentioned in
engagements. relation to the GATT, in other words the
This recognition takes place within the flexibility of such agreements. Indeed, the
framework of its case-law related to the changes involved in the WTO’s new legal
denial of the direct effect of the General framework have not led to so many
Agreement on Tariffs and Trade changes for the Court of Justice of the
(GATT)[2], and subsequently of the World European Communities that it is necessary
Trade Organization’s agreements[3], in to adopt a different position to that held
which the Court specifically emphasizes with respect to the GATT[4], despite
the flexibility of such agreements. We will recognising the notable differences that are
hereby proceed to briefly analyze the included in the WTO agreements in
Cepillo Galvín M. Á.: The Case-Law of The Court of Justice of the European Communities… 175
relation to the regulations of the GATT of Likewise, the Court of Justice of the
1947[5]. European Communities also argues its
Indeed, the flexible nature of the refusal to recognize the direct effect of the
agreements can lead to a change in the WTO agreements based on the principle of
duty of fulfilling the commitments that reciprocity, since it states that the lack of
arise from them and, therefore, widen the reciprocity of third parties (who have
WTO Members’ scope for action, which at reached the conclusion that such
the same time means recognizing a agreements are not included amongst the
sufficient level of autonomy of the regulations that their judicial bodies take
members in the implementation of their into account when controlling the legality
trading policies. of their domestic legal regulations) entails
The flexibility of the World Trade the risk of an imbalance being produced in
Organization agreements is mainly the application of the WTO’s regulations if
established by the important role that is direct effect were to be recognized for its
reserved for negotiation between the regulations in the European Union.
Parties in the framework of the system In this respect, the Court of Justice of the
resulting from such agreements (as was the European Communities emphasizes that
case with the GATT). the agreement by which the WTO is
In this sense, the Court of Justice of the established, as well as its Annexes,
European Communities emphasizes that continues to be based on the principle of
even though the main objective of the “reciprocity and mutual advantages” (as
WTO’s dispute settlement body (as already occurred with the GATT), with the
emerges from the understanding relating to High Court declaring that “to accept that
the regulations and procedures that govern the role of ensuring that those rules
the settlement of disputes) is, supposedly, comply with Community law devolves
the withdrawal of certain measures if they directly on the Community judicature
are proved to be incompatible with the would deprive the legislative or executive
regulations of the WTO, this understanding organs of the Community of the scope for
had however anticipated the possibility of manoeuvre enjoyed by their counterparts
obtaining a clearance as a provisional in the Community's trading partners”[8].
solution until the withdrawal of the
incompatible measures, in the case that it is 3. The Autonomy of the European
not possible to immediately withdraw such Community in the Implementation of
measures[6]. the Common Commercial Policy
In light of these circumstances, it also As we have seen in the previous
states that imposing the judicial bodies paragraph, the Court of Justice of the
with the obligation of refraining from European Communities emphasizes the
applying the domestic legal regulations need to maintain the same “discretion” for
that are incompatible with the WTO the Community as that which the
agreements would consequently deprive legislative or executive bodies of the
the contracting parties’ legislative or WTO’s Members dispose of, in order to
governing bodies from the possibility negotiate temporary solutions for the non-
(granted them in article 22 of the fulfilment of certain commitments arising
aforementioned Understanding) of from the agreements taken in the
reaching, although only temporarily, framework of the WTO.
negotiated solutions[7]. In this respect, one can declare that the
EU institutions continue at present to enjoy
a high level of autonomy in the obligations arising from the regulations of

implementation of the Common the WTO, and in this respect these must be
Commercial Policy, despite the given “the maximum autonomy (underlined
commitments acquired by this policy in the by the author) in ensuring such conformity
framework of the World Trade and, if there is more than one lawful way
Organization[9]. to achieve this, (it) should have the
Furthermore, as is pointed out by the freedom to choose that way which suits it
Court of Justice of the European best”[12].
Communities, the WTO Agreements “do Consequently, it is not always necessary
not determine the appropriate legal means to substantially alter the domestic
of ensuring that they are applied in good legislation in order to fulfil the obligations
faith in the legal order of the contracting arising from the WTO agreements,
parties”[10], and consequently the meaning that the European Community
“discretion” of the European Community continues to maintain considerable room
goes beyond the negotiation of temporary for manoeuvre in this respect as well.
solutions for the specific non-fulfilment of In fact, in relation to the Anti-dumping
such agreements, by also covering the free Agreement, the European Community
choice of the measures that it considers to makes known the Agreement on Subsidies
be most appropriate to fulfil the and the Agreement on Safeguards, all of
commitments arising from the agreements. which are annexes to the Agreement by
The report of the Special Group in which the World Trade Organization is
charge of examining, in the heart of the established, which “decided that in view of
WTO, a difference between the the extent of the changes brought about by
Community and the United States in these new Agreements and in order to
relation to sections 301-310 of the North ensure an adequate and transparent
American Trade Act of 1974, fully implementation of the new rules, it would
coincides with the above statement. be appropriate to transpose the texts of the
This report shows that in order to assess new agreements into Community
whether the national legislation of a WTO legislation to the extent possible, and for
Member complies with the obligations this purpose the above Agreements, rather
arising from the WTO’s regulations, one than the prior Community legislation, were
must take into account the huge diversity directly taken as the basis for the new
of the Members’ legal systems. Thus, legislation”[13].
compliance can be achieved by different Consequently, the close link that exists
means in the different legal systems, with between EU legislation in these fields and
the final result being what counts, and not the different WTO agreements appears to
the way in which the result is reached. The be the result of an independent decision
Special Group concludes this reasoning by made by the European Community in order
stating that only by understanding and to comply with the commitments arising
respecting the specific features of each from the above-mentioned agreements, and
Member’s legal system, can a correct not an inevitable obligation imposed by
assessment of compliance by carried such agreements.
out[11]. However, it must also be stressed that, in
Therefore, a significant level of the light of the case-law of the Court of
discretion exists for the Members of the Justice of the European Communities, not
WTO when it comes to ensuring their all the commitments that the EC takes on
legislation is in accordance with the in a conventional manner can be
compared. In this respect, the High Court direct effect of the GATT, and
distinguishes between the WTO subsequently of the WTO agreements.
agreements and the agreements signed by Similarly, it must also be emphasised
the Community with non-member that, in the light of the case-law of the
countries that create special relations of Court of Justice of the European
integration or that introduce a certain Communities, not all the agreements made
asymmetry of obligations, because the by the Community in a conventional
latter are not based on the principle of manner can be compared, distinguishing in
“reciprocal and mutually advantageous this respect between the WTO agreements
arrangements”. This justifies the fact that and the agreements signed by the
the High Court acknowledges that certain Community with non-member countries
stipulations of the latter agreements may creating special relations of integration or
produce direct effect[14]. introducing a certain asymmetry of
In this way, one can maintain that the EU obligations.
institutions’ margin of discretion is greater Consequently, one can declare that the
when it comes to complying with the European Community’s margin of
commitments taken in the heart of the discretion is greater when it comes to
WTO than in the case of those arising from fulfilling the commitments made in the
bilateral or regional agreements. heart of the WTO than for the
In other words, the conditioning factor of commitments arising from certain bilateral
the European Community’s commercial or regional agreements.
policy from a domestic point of view is In short, the intense activity displayed by
less intensive when the commitments are the European Community regarding trade
taken on in the setting of the WTO, rather on an international level, through the
than when commitments are agreed on at a numerous agreements with non-member
bilateral or regional level. countries as well as the commitments made
within the framework of the WTO, does
4. Conclusions not prevent the European Community from
We can therefore reach the conclusion continuing to use its own model of
that the European Community enjoys a commercial policy in the relations that it
sufficient level of independence that maintains with non-member countries and
allows it to present its model of international organisations, nor does it
commercial policy in the different acts that prevent the European Community from
is takes on unilaterally[15]. having its own perspective when creating
Indeed, the obligatory compliance by the the model.
Community of the international
agreements is a conditioning factor as References
regards the implementation of the
Common Commercial Policy, but it does 1. See LIÑÁN NOGUERAS, D. J.: “Las
not remove the Community’s autonomy to relaciones exteriores de las
carry out its own model of commercial Comunidades Europeas (II)”, in
policy. MANGAS MARTÍN, A. & LIÑÁN
In this respect the Court of Justice of the NOGUERAS, D. J.: Instituciones y
European Communities has commented, Derecho de la Unión Europea, Tecnos,
recognizing a wide margin of discretion in 5º ed., Madrid, 2005, p. 664, which
favour of the EU institutions as regards mentions the “EC’s long journey as an
their case-law relating to the denial of the international economic player and its
active participation in the regulation KOKOTT, J.: “European Community

of international economic relations”. – WTO agreements – effect of
Similarly, ESTEVE, F. & PI, M. international agreements in European
(eds.): La proyección exterior de la Community law – ability of
Unión Europea en el Tratado individuals and member states of
constitucional. ¿Mejora o maquillaje?, European Community to rely on WTO
Fundació CIDOB, Barcelona, 2005, p. agreements”, American Journal of
15, point out that the importance of the International Law, vol. 94, n.º 4, 2000,
role played firstly by the European pp. 740-745; MENGOZZI, P.: “La
Community, and then by the European Cour de justice et la applicabilité des
Union, internationally in this economic règles de l’OMC en droit
and commercial sphere, cannot be communautaire à la lumière de
disputed. l’affaire Portugal c. Conseil”, Revue de
2. See Judgment of 12 December 1972, Marché Commun et de la Union
International Fruit Company (21- Européenne, n.º 3, 2000, pp. 509-522;
24/72, Rec. p. 1219); judgment of 24 ZONNEKEIN, G. A.: “The Status of
October 1973, Schlüter (9/73, Rec. p. WTO Law in the EC Legal Order. The
1135); judgment of 19 November Final Curtain?”, Journal of World
1975, Nederlandse Spoorwegen Trade, vol. 34, n.º 3, 2000,
(38/75, Rec. p. 1439); judgment of 16 pp. 111-125.
March 1983, SIOT (266/81, Rec. p. 4. This interpretation is corroborated in
731); judgment of 16 March 1983, SPI the statement of the last legal reason of
and SAMI (267-269/81, Rec. p. 801); the Council Decision 94/800/EC, of 22
judgment of 16 March 1983, CSS and December 1994, concerning the
GS (290-291/81, Rec. p. 847); conclusion on behalf of the European
judgment of 5 October 1994, Community of the WTO agreements
Germany/Council (C-280/95, Rec. p. I- (OJ L 336, 23.12.1994, p. 1), which
4973). literally reads as follows: “Whereas, by
3. See Judgment of 23 November 1999, its nature, the Agreement establishing
Portugal/Council (C-149/96, Rec. p. I- the World Trade Organization,
8395); judgment of 14 December including the Annexes thereto, is not
2000, Dior/Assco (C-300/98 and C- susceptible to being directly invoked in
392/98, Rec. p. I-11307). See the Community or Member State courts“.
following on these judgments It is worth mentioning, as do DÍEZ-
CASTILLO DE LA TORRE, F.: HOCHLEITNER, J., ESPÓSITO, C.:
“OMC, competencia prejudicial y “La falta de eficacia directa de los
efecto directo – la sentencia acuerdos OMC en la Unión Europea”,
Dior/Assco”, Revista de Derecho in REMIRO BROTONS, A.,
Comunitario Europeo, n.º 9, 2001, pp. ESPÓSITO, C. (eds.): La
281-302; DÍEZ-HOCHLEITNER, J., Organización Mundial del Comercio y
ESPÓSITO, C.: “La falta de eficacia el Regionalismo Europeo, Dykinson,
directa de los Acuerdos OMC (A Madrid, 2001, pp. 163-164, that in an
propósito de la sentencia del Tribunal order on 2 May 2001, pronounced in
de Justicia de 23 de noviembre de the case C-307/99, the Court of Justice
1999 en el asunto C-149/96, Portugal of the European Communities
c. Consejo)”, Gaceta Jurídica de la considered its case-law on this matter
UE, n.º 206, pp. 10-23; EGLI, P., to be consolidated.
5. There are many references on the loc. cit., p. 167, the important role
GATT’s and WTO’s agreements’ lack given to the negotiation between the
of direct effect. As well as the parties in the heart of the WTO should
bibliography mentioned in previous not lead us to the conclusion that we
notes, see, DÍEZ-HOCHLEITNER, J.: are not before true legal obligations.
La posición del Derecho Internacional 10. Judgment of 23 November 1999,
en el Ordenamiento comunitario, Portugal/Council, cit., section n.º 41.
McGraw-Hill, Madrid, 1998; 11. See Report of the Panel, United States
BOURGEOIS, J. H. J.: “The Court of – Sections 301-310 of the Trade Act of
Justice of the European Communities 1974, WT/DS152/R, of 22/12/1999,
and the WTO: Problems and Section 7.24.
Challenges”, in WEILER, J. H. H. 12. Ibid., Section 7.102.
(ed.): The EU, the WTO, and the 13. WTO: Trade Policy Review. European
NAFTA. Towards a Common Law of Union. 1995. Report by the European
International Trade, Oxford Communities, WTO Publications
University Press, Oxford, 2000, Service, Geneva, 1995, vol. II, p. 36.
pp. 71-123; EECKHOUT, P.: “The 14. See section n.º 42 of the judgment of
Domestic Legal Status of the WTO 23 November 1999, Portugal v.
Agreement: Interconnecting Legal Council, cit.
Systems”, Common Market Law 15. For information about the European
Review, vol. 34, 1997, pp. 11-58. Community’s model of commercial
6. See Judgment of 23 November 1999, policy, in particular as a result of the
Portugal/Council, cit., section n.º 37. adoption of the Lisbon Treaty, see
7. See section. n.º 40 of the judgment of CEPILLO GALVÍN, M. A.: “Los
23 November 1999, Portugal/Council, objetivos de la Política Comercial
cit. Común a la luz del Tratado de
8. Ibid., section n. 46. Lisboa”, in MARTÍN Y PÉREZ DE
9. Although, as stated by DÍEZ- NANCLARES, J.: El Tratado de
HOCHLEITNER, J. & ESPÓSITO, Lisboa. La salida de la crisis
C.: “La falta de eficacia directa de los constitucional, Iustel, Madrid, 2008,
Acuerdos OMC en la Unión Europea”, pp. 373-392.
THE USE OF SPANISH REGIONAL

OFFICIAL LANGUAGES IN
THE COURT OF JUSTICE OF
THE EUROPEAN COMMUNITIES
A. DEL VALLE GÁLVEZ 1 M. REMI NJIKI 2
Abstract: Currently an important issue in the EU is the status of languages

spoken in member state countries which are only official in a limited part of
their territory. The political activism in countries such as Spain, in response
to internal requests from nationalist parties, has played a key role in having
EU institutions acknowledge the demand for recognition of those languages.
The friendly approach of EU institutions to that claim is justified not only by
the need for a greater involvement of EU citizens in the integration process,
but also by the commitment to respect the national identities of member
states. The agreements signed by Spain and several EU institutions, including
the ECJ, contribute to the rise of a new category of languages to be
recognized along with the EU official and working languages.Spanish
citizens and residents are therefore granted the ability to send written
communications to the ECJ in any of the official regional languages of Spain.
The scope and ambit of these agreements are still very limited and symbolic.
They might generate some practical problems. But, it’s an opportunity for the
EU to define an incipient linguistic policy.
Key words: Spanish co-official languages; European Court of Justice; EU

linguistic policy.
1. Introduction from the long and dynamic political and

Europe is an authentic linguistic cultural history of the continent.
mosaic[1]. It conglomerates an important The recent enlargement of the EU that
variety of languages. In addition to the included Eastern European countries has
diversity of languages, there is also a increased considerably the number of
diversity of linguistic regimes in the official languages. This and the debate on
Member States. the Treaty Establishing a Constitution for
Specifically, the linguistic regime of the Europe (TCE) have raised questions about
EU (European Union) has traditionally the status of other languages spoken in
been a very complex and sensitive Members States which are only official in
question. Due to both its complexity and a limited part of the Member States’
sensitivity, a confusing system has been territories. Still more important is the fact
developed to respond to the need to protect that there are regional official languages
the important linguistic heritage acquired spoken by a significantly larger number of
1
Jean Monnet Chair, Faculty of Law, University of Cadiz, Spain.
2
Substitute Professor, Faculty of Law, University of Cadiz, Spain.
Del Valle Gálvez A. et al.: The Use of Spanish Regional Official Languages … 181
people than some of the EU official languages. The status of official languages
languages [2]. can be inferred from the primary law
Recognition of these regional languages treaties when enumerating the languages
with respect to EU Institutions has been considered authentic, and listed in art. 29.1
one of the priorities of the elected 2004 of the Rules of Procedure of the Court of
Spanish government which has signed Justice of the EC. Official languages of the
several agreements allowing citizens to EU coincide by principle with the official
benefit from the right to choose to languages of the Member States.
communicate with the EU institutions in Meanwhile, Irish can be seen as an
any of the Spanish co-official languages. exception because it is formally an official
Among all of the agreements that have language of the EU but not used on a daily
been signed, one of the most important is basis by the official Journal of the EU.
the Administrative Agreement signed Irish is used in the treaties and primary
recently[3] with the Court of Justice of the law[9] acts.
European Communities. This particular Council Regulation Nº 1/1959
agreement is interesting in many respects determining the languages to be used by
and we will examine it more closely here. the European Economic Community
distinguished between “treaty languages”
2. Official Regional Languages in the and “working languages”[10]. Formally
EU that distinction doesn’t seem to be
Art. 6.3 of the EU Treaty[4] states that relevant, and in practice the EU institutions
“the Union shall respect the national have developed internal mechanisms to
identities of its Member States”. For this help insure a pragmatic and efficient use of
reason, preserving the linguistic pluralism official languages which involves reducing
and cultural diversity of the of the EU their number for efficiency purposes.[11]
countries is identified as one of the most A new category of languages called “
crucial[5] aspects of the unprecedented co-official languages” is now emerging in
European integration process. Indeed, the the EU as a result of the political advocacy
option to implement an official of countries like Spain that is seeking the
multilinguism policy as an intentional recognition and use of these languages by
political project for the EU is certainly an EU institutions. Simultaneously, according
original initiative. However, experience to regulation 1/1958 and other
has revealed that this important task for the foundational treaties of the EC, these
EU institutions is quite laborious. languages can’t be considered “treaty
Concerns about the remarkable increase in languages” or “working languages” by the
the number[6] of official languages due to EU institutions, because they aren’t official
the accession of new member states and languages of the EU.[12]
therefore the risk to drift into a less Co-official languages have nothing to do
operative linguistic system has also been a with the languages referred to in art. 8 of
constant issue. As a result, a pending the Council Regulation 1/1958 which
dilemma exists regarding how to guarantee declares that, if a Member State has more
legal security[7] to EU citizens protecting than one official language “the language
their rights entitled by this position, like to be used shall, at request of such State,
for example the right provided for in be governed by the general rules of its
paragraph 3 of art. 21 of the ECT[8] law”. This regulation is in reference to
(European Community Treaty), and at the countries with more than one national
same time on how to guarantee a good official language. Illustration can be found
administration of the EU institutions. in the situation of Ireland which has two
The Treaties have not been especially official languages and requested a change
explicit in regard to the status of from English[13] to Irish[14]; the latter
becoming one of the 23 official languages The foundation of this request was their
of the EU. claim that using the co-official languages
with respect to EU institutions would
3. Spanish Co-Official Languages in The strengthen the identification of the people
EU with the political project of the EU [21].
For the purpose of this study, co-official These agreements have given the official
languages refer to regional languages that regional languages a semi-official stature
have, at the same time, regional official in these EU institutions even if their
status. This is true of Catalan, Basque, and recognition seems to be, to date, very
Galician in Spain[15]. Their official status symbolic.
is alluded to in art. 3(2)[16] of the Spanish The EU Parliament Resolution on
Constitution of 1978. Consequently, other languages in the Community and the
types of regional languages are excluded situation of Catalan [22], invites the
from this ambit. Council and the Commission to take
Since 1986 Spanish(Castilian) has been whatever steps are necessary to publish in
considered one of the official languages of Catalan the EC’s treaties and basic texts; to
the EU, despite the constant claim from use Catalan for disseminating public
nationalist political parties that other information concerning European
languages besides Spanish be official -or institutions in all information media; to
somehow used languages- in the EU. include Catalan in the programmes set up
It is only through the political activism by the Commission for Learning European
of governments[17] that the role of Languages; and to promote the use of
regional official languages in the EU Catalan by the services of the EU
linguistic regime has been discussed. In Commission in its written and oral
fact, Spain is the first country to have filed communication when dealing with the
official requests[18] and signed several public in the Autonomous Communities
Administrative Agreements[19] with EU where that co-official language is
institutions emphasizing the need to spoken(e.g. Catalonia and Valencia).
recognize co-official languages as The progressive recognition of the
semi-official languages of the EU. At the regional official languages as necessary for
same time Spain has carefully avoided the construction of a culturally diverse and
asking for a fully official status for these integrated EU has also been recently
languages. In its Memorandum[20] on the stressed by the Council Conclusion on
12th of December of 2004, the Spanish June 13, 2005 which commented on, the
government proposed a modification of official use of additional languages within
Regulation 1/1958 aimed at guarantirect the Council and possibly other Institutions
written communication between citizens and bodies of the European Union[23]. In
and EU Institutions, and promoting the this document the Council encourages the
specific use of co-official languages in use of any “additional languages” whose
particular oral communication situations “status is recognized by the Constitution of
and passive interpretation (E.g., in the EU a member state in all or part of its territory
Parliament, in the Committee of the or the use of which as a national language
Regions and in ministerial sessions of the is authorised by law”. The signing of
EU Council). Additionally, Spain proposed Administrative Agreements with EU
that the final texts of the decisions adopted institutions encourages citizens to share
through the co-decision procedure between ownership of its projects and makes
the EU parliament and the EU Council be available the opportunity to use their own
published in these co-official languages. In mother tongue to communicate with EU
this way, Spain called for a specific institutions. At the same time, the Council
concession instead of full official status. affirms [24] that, in an effort to bring the
EU closer to all its citizens, the richness of that they wouldn’t be considered authentic
its linguistic diversity must be taken into versions of EU treaties. The translations
consideration. EU Institutions would bear would have no legal effect, and would
no financial responsibility for the use of an have to conform to the authentic versions,
official regional language by Member that is, the “treaty languages’”
States’ citizens but, on the contrary, the versions[27].
cost will be covered by the Member State
who requested the use of an official 4. Spanish Co-Official Languages in the
regional language. Court of Justice of the European
Council Conclusions quoted above allow Communities
the use of co-official languages for passive The Administrative Agreement between
interpreting by Member States’ the Court of Justice of the European
governments in speeches in the Council Communities and the Kingdom of Spain
meetings and “possibly in other was signed on the 27th of April, 2009. This
Institutions or bodies (European agreement builds on the Council
Parliament or Committee of the Regions)”. Conclusion from June, 2005 on the official
In the case of the Council, this passive use of additional languages within the
interpretation is subject to some limits. The Council and possibly other Institutions and
request would be approved when made Bodies of the European Union. This
“reasonably in advance” of the meeting document prepared the way for the
and when the “necessary staff and adoption of the agreement between Spain
equipment are available”[25]. and the European Court of Justice. The
In the final phase of the negotiation of Conclusion approved by the EU Council
the Treaty Establishing a Constitution for was initiated by the Spanish government in
Europe in 2004, the Spanish Delegation compliance with the political pact signed
that emerged out of the elections in May of with various political parties from
2004 requested the inclusion of the Catalonia. This alliance[28] gave the
following paragraph in art. IV-448: “This Spanish Socialist Party the necessary
Treaty may also be translated into any majority in the national parliament to
other languages as determined by Member govern the country. On the basis of this
States among those which, in accordance political pact, the Spanish government
with their constitutional order, enjoy promoted various agreements with other
official status in all or part of their EU institutions which have been
territory. A certified copy of such mentioned earlier in this paper.
translations shall be provided by the The Administrative Agreement with the
Member States concerned to be deposited Court of Justice authorizes the official use
in the archives of the Council.” The of Castilian, as well as other languages that
paragraph quoted is identical to provisions are recognized by the Spanish constitution
in art. 55.2,[26] the consolidated version of of 1978. Spanish citizens and residents are
the EUT (European Union Treaty) granted the ability to send written
modified by the Treaty of Lisbon whose communications to the Court of Justice of
ratification process was stalled after the EC in any of the official regional
Ireland refused by referendum to be bound languages of Spain. This permission
by it. excludes judicial communications and
If the Treaty of Lisbon is adopted, those related to the enforcement of a legal
official regional languages will, for the text. Communications whose purpose is to
first time, obtain the status of “translation obtain a particular advantage (e.g. a public
languages” in the primary EC law. This grant), or benefit (e.g. being awarded a
would signify the recognition of a new contract), or applying for a job aren’t
status for these languages despite the fact covered by the Agreement.
The effective modus operandi on the use Secretary of the Court by the Spanish
of the administrative facility granted by the Ministry of Territorial Policies which must
Agreement is detailed under point 1.3. A certify that the Office for Official
special administrative unit from the Languages is ready to take responsibility
Ministry of Territorial Policies of Spain for the cost of the translation of written
called “Oficina Para las Lenguas communications in official regional
Oficiales” (Office for Official Languages) languages from citizens or residents.
will be the intermediary between the It’s important to observe that this
citizen and the EU Institution. Its task will Administrative Agreement is not a typical
be to send to the Court of Justice of the EC act of the categories encompassed by EU
written communications that are originally law. Nevertheless, they are part of the sui
in one of the regional official languages generis categories of act. These acts are
accompanied by a certified translation in mandatory for the parties who have the
Spanish. In its response, the Court will use power to amend or terminate them based
Castilian. The Office for Official on mutual consent.
Languages will ensure the transmission of The Agreement doesn’t interfere with the
the reply in as short a time as possible to regulations addressed in art. 29(4), Rules of
the interested party in the co-official Procedure of the Court of Justice of the EC
language used in the original because, as mentioned earlier, the
communication. The European Court of Agreement excludes ipsis verbis legal
Justice refuses liability in the case of a communications. Indeed, art. 29(1) makes
translation that wouldn’t be reliable. This clear that for legal issues the language used
position is understandable given that a will be one of the 23 listed official
third party is involved as an intermediary languages of the EU to be chosen by the
and could potentially alter the translation applicant except if the defendant is a
of the response sent to the citizen or Member State or a natural or legal person
resident. who holds the nationality of a Member
It’s mandatory that any written State. In that case, the “language of the
communication using co-official languages case” will be the “official language of that
from a citizen to the court pass through the State” or any of its official languages if it
Office for Official Languages. Art. 2 of the has more than one official language.
Agreement states that any communications Meanwhile, in a case situation, official
not accompanied by a certified translation regional languages can only be used when
from the Office for Official Languages will the witness or expert put forward that he is
be rejected and returned to the sender. The unable to adequately express himself in
time limit which the court has to answer a one of the official languages of the
written communication from a citizen is EU[29].
determined from the moment it receives Lastly, the difference between this
the official translation in Castilian. specific Administrative Agreement and the
Paragraph 2nd of art. 3 says that the time other Agreements signed by Spain must be
limit will come to a close when the Court highlighted. The Agreement with the
sends the written answer in Spanish to the Committee of the Regions and the Council
Office for Official Languages. of the EU identifies “Spanish citizens” as
Spain has committed itself to bear any the only persons with the right to send
direct and indirect costs that the Court written communications to the court.
might incur as a result of the Contrarily, the Administrative Agreement
implementation of the Agreement. This with the Court of Justice states that
cost will be refunded annually. Spanish citizens, as well as natural o legal
The implementation of the Agreement is persons residing in Spain are granted the
conditioned on previous notice to the right to use the official regional languages
in their communication with the court. For Moreover two key factors jeopardize the
this reason the personal ambit of the rights process, on the one hand the risk of an
granted by the administrative agreements incorrect translation from the third party,
signed by Spain need to be unified. and on the other hand, the confidentially of
the written communication.
5. Conclusion The recognition of the use of co-official
The enlargement process and the need to languages with respect to EU institutions is
reform the EU have catalyzed a new a very important achievement, even if this
debate and new interest in the status of recognition is still very symbolic or
co-official languages in the EU. The political. Certainly it gives the opportunity
Council Conclusion of June 13, 2005 has to define an incipient linguistic policy for
propelled the issue from an individual the EU. Additionally, their new status as
Spanish request to a common interest semi-official languages of the EU helps
problem in the EU. This Conclusion defuse important and persistent political
established regulations regarding the way claims in Spain regarding the status of
Members States should proceed when regional languages
interested in having their citizens
communicate with EU Institutions in one References
of their regional official languages.
Concern about the increasing number of 1. SIGUAN MIQUEL, “La política
official languages in the EU and the lingüística de la Unión Europea”,
simultaneous risk of functional disruption Documento de Trabajo nº 39/2004,
or collapse of the EU Institutions has ARI, Real Instituto Elcano, p. 1.
limited the admission of the use of co- 2. Catalan is spoken by 7 million people
official languages through the signing of and Maltese is spoken by 400.000; See
Administrative Agreements which are MIQUEL SIGUAN, “La política
restricted in their scope and material ambit. lingüística…” op. cit., p.2.
In the Court of Justice of the EC written 3. Agreement between the Kingdom of
communications must be separate from Spain and the Court of Justice of the
any judicial o legal matter and must not be European Communities (See:
filed with the intention of obtaining any http://www.lehendakaritza.ejgv.euskad
advantage or benefit. Neither should they i.net/r4810572/es/contenidos/informaci
have anything to do with personal matters on/euskera_ue_gral/es_11146/adjuntos
like applying for a job or a work position. /euskera_ue_tjce_es.pdf), signed on
At the same time, seeing as the work of the 27.04.09.
the Court is primarily judicial, citizens or 4. OJ C 325, p.12, 24.12.2002; See also
residents who exercise the right to use co- art. II-82 of the Charter of
official languages will also be limited in Fundamental Rights of the EU and its
number since it is likely that people will Preamble (OJ C 310, 16.12.2004).
not communicate with the Court unless 5. ATHANASSIOU PHOEBUS, “The
they have a legal case. application of multilingualism in the
The risk of slowness due to the European Union context”, Legal
intervention a of third party (the Office for working papers Series, nº 2, February
Official Languages) who must translate the 2006, European Central Bank, p. 8
original documents to Castilian and from 6. It’s important to observe that the
Castilian to Spanish, and translation to the linguistic regime of the EU has moved
working language of the Court (french) from a very simple, serviceable and
might obstruct the fluid exchange between original mechanism to a complex and
the Court and citizens. confusing one with the many
mutations it has experienced due to the
successive enlargements: see ESTEVE 13. Art. 8 of the Irish Constitution of July
GARCIA FRANCINA,” El nuevo 1st 1937 states that English is
estatuto jurídico de las lenguas recognized as the second official
cooficiales en España ante la Unión language.
Europea”, Revista de Derecho 14. Irish has become a fully official
Comunitario Europeo, num. 24, language of the EU on the 1st of
Madrid, May-August 2006, p. 4. January 2007: See Council Regulation
7. MARÍ ISIDOR AND STRUBELL (EC) Nº 920/2005, OJ L 156, p3-4,
MIQUEL, “The linguistic regime of 18.6.2005.
the European Union: Prospects in the 15. See DEL VALLE GÁLVEZ,
face of enlargement”, p.1 ALEJANDRO “ Spanish Regionalism
(www.europadiversa.org/eng/pdf/strub in International and European Law” in
ell_mari_eng.doc). Regioni e autonomie territoriali nel
8. “Every citizen of the Union may write diritto internazionale ed europeo,
to any of the institutions or bodies Editoriale Scientifica, Napoli, 2006,
referred to in this Article or in Article pp. 291-312.
7 in one of the languages mentioned in 16. Section 3 “1. Castilian is the official
Article 314 and have an answer in the Spanish language of the State. All
same language” , OJ C 325, p. 33, Spaniards have the duty to know it and
24.12.2002; see also art. 2 of the right to use it. 2. The other Spanish
Regulation 1/1958 (OJ 017, p. 0385 – languages shall also be official in the
0386,06.10.1958). respective Self-governing
9. See note 12 and 13. Communities in accordance with their
10. See art. 1 of Regulation 1/1958 (OJ Statutes”.See OJ of the State (nº 311
017, p. 0385 – 0386, 06.10.1958). de 29.12.1978) or also in english
11. Some institutional frameworks like the http://www.congreso.es/portal/page/portal/
meetings of the troika for external Congreso/Congreso/Informacion/Nor
policy matters have adopted a mas/const_espa_texto_ingles_0.pdf
“variable geometrical system” that 17. See ESTEVE GARCIA FRANCINA,
includes the use of a reduced number “El nuevo…” op. cit., p. 45; See also
of languages among which Grench, GONZÁLEZ DE COS FRANCISCO,
English, German and other languages “Las lenguas oficiales de la Unión
depending on the needs of the Europea y la propuesta española”
participants are predominantly used Colaboraciones nº 219, 29 December
This is also the case for the major use 2004, Grupo de Estudios Estratégicos
of English in the Council and the (GEES), p. 5, www.gees.org/
Commission and the use of French in articulo/1006/
the Court of Justice of the EC and the 18. Memorandum del gobierno español:
European Court of Auditors : See solicitud de reconocimiento en la
ESTEVE GARCIA FRANCINA, “El unión europea de todas las lenguas
nuevo…” op. cit., p. 459 and See also oficiales España
MCAULIFFE KAREN “Enlargement (http://www.lehendakaritza.ejgv.euska
at the European Court of Justice: Law, di.net), 13.12.2004.
Language and Translation” European 19. Administrative Agreement between the
Law Journal, Vol. 14, Issue 6, Kingdom of Spain and the EU
November 2008, pp. 808. Council, of November 7, 2007, OJ C
12. See art. 314 ECT, OJ C 325, p. 154, 40, 17.2.2006; Administrative
24.12.2002 Agreement between the Kingdom of
Spain and the Committee of the German Law Journal, Vol. 09, No.
Regions, 16 th of November 2005, 10, 2008, p. 1233.
related to the use of additional 27. Art. 314 ECT (OJ C 325, p.154,
languages in that Committee(not yet 24.12.2002).
published in the OJ); Administrative 28. See MORATA FRANCESC,
Agreement between the Kingdom of “European Integration and the Spanish
Spain and the EU Commission, of 21 State of the Autonomies”, Zeitschrift für
of December 2005(not yet publish in Staats- und Europawissenschaften,Vol
the OJ); Administrative Agreement 4, Issue 4, March 2007, p. 508: “As a
between the Kingdom of Spain and the result of the victory of the PSOE in the
European Economic and Social March 2004 elections[…]”without
Committee, 21 of December 2005(not having an absolute majority, like
publish yet in the OJ); On the 3 July Gonzalez and Aznar before him,
2006, the European Parliament’s Zapatero had to negotiate with a series
Bureau approved a proposal by the of political parties about the required
Spanish State to allow citizens to parliamentary support and, especially,
address the European Parliament in with the eight ERC deputies and the
Basque, Catalan and Galician, two four ones of Izquierda Unida/Iniciativa
months after its initial rejection; On per Catalunya-Verds. Both groups had
the 30 of November 2006, the among their priorities the participation
European Ombudsman and the of the Autonomous Communities and
Spanish Ambassador in the EU, signed the use of the co-official languages in
an agreement in Brussels to allow the EU. From there, with all eyes set
Spanish citizens to address complaints on the referendum (for the approval of
to the European Ombudsman in the Constitutional Treaty project)
Basque, Catalan and Galician.. called for February 2005, the
20. See note 14. government quickly took the
21. See “Memorandum…”, note 12. initiative.”
22. OJ C 19, p.42, 28.01.1991 29. The Court Registrar shall arrange for
23. OJ C 148, p.1-2, 18.6.2005. translation in the language of the case:
24. See paragraph 2, OJ C 148, p.1. See art. 29.4 of the Rules of Procedure
25. See Point 5(b) (OJ C 148, p.1-2, of the Court of Justice of the European
18.6.2005). Communities((OJ L 176 of 4.7.1991,
26. OJ C 115, p.45, 9.5.2008; See also p. 7, and OJ L 383 of 29.12.1992 (
Declaration 16 on Article 53(2) of the with various amendments) and Point 5
Treaty on European Union(OJ C 306, of EU Parliament Resolution on
p.256, 17.2.2007) and comments by languages in the Community and the
SCHILLING THEODOR, “Language situation of Catalan (OJ C 19, p.42,
Rights in the European Union”, 28.01.1991).
THE RIGHT TO PRIVACY AND THE

RIGHT TO INTELLECTUAL PROPERTY
IN INTERNET: THE PROMUSICAE CASE,
A SIGNIFICANT JUDGEMENT OF THE
EUROPEAN COURT OF JUSTICE
Mercedes Soto GARCÍA 1
Abstract: The difficult conciliation between the protection of the right to

respect for private life, specially the confidentiality of personal data, and the
rights to protection of copyright and to an effective remedy is the key issue
decided by the Judgment of the Court of Justice in Case C-275/06,
Promusicae. In order to safeguard other persons’ rights, the Court approves
of limits to the privacy and these limits are sanctioned to damage the
confidentiality of personal data, generated by the traffic in the electronic
communications. In our opinion, in spite of the Court’s praiseworthy efforts
to balancing the rights concerned, the judgement creates an instrument that
entails a danger for freedom.
Key words: information society, rights to protection of copyright, right to

respect for private life, confidentiality of personal data, right to an effective
remedy.
Living in the information society brings inner market in electronic communications

into the daily life of every citizen features sector. In this new scenario, there are two
and services that incorporate a new fundamental rights especially involved,
perspective in the protection of often opposite, the right to private life or to
fundamental rights. privacy, and the right to intellectual
The new technology, the massive access property.
of population to the worldwide system of Therefore, when dealing with those
communications, the use of formats and settings, Community rules, and thus
supports different from the traditional ones national rules, must pay attention to some
and subject to constant changes, are some aspects related to the protection of the
of the elements that make up that new fundamental rights that can be affected in a
perspective, the one of the virtual world, significant way by using the electronic
for whose treatment the habitual legal communication networks and services.
mechanisms, those that are used in the real The right to privacy, whose basic status
world are not effective. was already defined by Warren and
Community law is not alien to this recent Brandeis in 1899, protects «the sacred
problematic that concerns the settings precincts of private and domestic life» [1],
needed for the accomplishment, without and, in their perspective, provides to every
obstacles and on equal conditions, of the person «the right to be let alone».
1
University of Cadiz, Jerez de la Frontera (Cadiz).
García Soto M.: The Right to Privacy and the Right to Intellectual Property in Internet… 189
Nevertheless, the potential attempts to problem, finally leaving the decision to the
private life, and specifically to personal Member States.
data, issued from the technological Productores de Música de España,
progress, have added an active perspective (hereafter, Promusicae), is a Spanish non-
to enable an individual to control all profit- making organisation, acting on
management and processing data which behalf of its members, copyright holders
could concern him or her. As a result, and holders of related rights (producers
many States guarantee the right to be and publishers of musical and audio-visual
informed when personal data was recordings). It applied, in November 2005,
processed, the right to know the reason for to the Juzgado núm. 5 de lo Mercantil de
this processing, the right to access the data Madrid against Telefónica, an internet
and if required, the right to have the data services provider, for preliminary
amended or deleted. [2] But these measures to oblige the latter to disclose
legislations are not always coincident and, personal data of peer to peer users, in order
in the European Union, the differences to start civil procedures. Promusicae
could raise some troubles to the flow of alleged that these persons, whose direction
information among States. On the other «IP», dates and hours of internet
hand, copyright holders can see their connection were known, made use of
legitimate expectations frustrated because KaZaA file exchange software to store and
of a fraudulent use of telecommunications exchange music files which Promusicae
system. members were copyright holders. The
One of the conflictive situations brought Spanish judge, at first, acceded and
about by the information society gives rise ordered Telefónica to disclose the personal
to the sentence of the European Court of data required, but Telefónica opposed and
Justice (hereafter, ECJ), C-275/06, of argued that Spanish law authorized the
January, 29, 2008, the Promusicae case.[3] communication of these data only in a
That is the problem derived from the hard criminal investigation or for the purpose of
conciliation between the respect to safeguarding public security and national
personal privacy with the protection due to defence, not in civil proceedings or as a
intellectual property and particularly, to preliminary measure relating to civil
copyright. The infringements of copyright proceedings. Promusicae replied by
using the network of internet are at the arguing the interpretation of Spanish law
origin of the lawsuit before the national accordingly to Directives 2000/31,
judge, although the consequences of the 2001/29 and 2004/48 and with Articles
ECJ conclusions could be applicable, 17.2 and 47 of the Charter of Fundamental
beyond this illegal use of the network, to Rights of the European Union (hereafter,
other situations developed through the the Charter), provisions which would not
telecommunications system. The Court allow Member States to limit solely to the
approves of limits to the privacy to purposes expressly mentioned in that law
safeguard other persons’ rights, and these the obligation to communicate the data in
limits are sanctioned to damage the question. [4] The Judge stayed the
confidentiality of personal data, generated proceedings and consulted the ECJ for a
by the traffic in the electronic preliminary ruling, submitting the
communications. In spite of the Court’s following question: «Does Community
praiseworthy efforts to balancing the rights law, specifically Articles 15(2) and 18 of
concerned, the judgement creates an Directive [2000/31], Article 8(1) and (2) of
instrument that entails a danger for Directive [2001/29], Article 8 of Directive
freedom. The task was not easy for the [2004/48] and Articles 17(2) and 47 of the
ECJ and so the judgement is long, Charter … permit Member States to limit
complex, with a cautious approach to the to the context of a criminal investigation or
to safeguard public security and national
defence, thus excluding civil proceedings, Besides, she stresses the link between data
the duty of operators of electronic protection and fundamental rights,
communications networks and services, particularly the right to private life,
providers of access to telecommunications included in the Article 8 of the European
networks and providers of data storage Convention for the Protection of Human
services to retain and make available Rights and Fundamental Freedoms signed
connection and traffic data generated by in Rome on 4 November 1950 (hereafter,
the communications established during the the ECHR), confirmed by the Charter that
supply of an information society service?» includes specifically the data protection in
In her opinion, the Advocate General, Article 8. From these norms derives the
Julianne Kokott, considering the rights exigency of legal foreseeability that, for
implied in the case, found it was necessary data protection, expresses «in the criterion
to extend the parameters of Community – expressly mentioned in Article 8 (2) of
law that would serve like interpretative the Charter – of purpose limitation».
canon of the national norm that provokes Personal data may only be collected and
the preliminary ruling. Consequently, five processed (Article 6(1)(b) of Directive
Directives would form the judgment 95/46), for specified, explicit and
Community law framework. Three of these legitimate purposes and «not further
are the Directives mentioned by the processed in a way incompatible with
national judge, 2000/31, 2001/29 and those purposes». Only a pressing social
2004/48 [5] (hereafter, the three together need can justify an interference measure
as Directives on E-commerce and into private life that must always be
intellectual property). The other two proportioned to the purpose. Certainly, the
norms, that the ECJ will also count on, are fundamental rights to property and to an
the Directive 95/46, on the protection of effective judicial protection of holders of
individuals with regard to the processing of copyrights may be considered as a
personal data and on the free movement of legitimate purpose, deserving of
such data; and Directive 2002/58 [6], a protection. Nevertheless, the Advocate
specific regulation concerning the General does not find, among the
processing of personal data and the exceptions to the protection of private life
protection of privacy in the electronic stated in Data protection Directives, the
communications sector (hereafter, these possibility to compel internet service
both together, as Data protection providers to disclose personal traffic data
Directives). and to provide them to private persons in
However, despite this common initial order to pursuit in civil proceedings the
criterion of analysis, the Advocate General infringements of copyright. Nor in the
proposed a thesis that is not assumed by Directive 95/46, neither in the Directive
the ECJ. A well contrived discourse leads 2002/58 is there a legitimate cause to
the Advocate General to declare interfere in private life in the way
compatible with Community law the Promusicae applied. She, particularly,
national regulation that denies the analyses the relation between Article 13
possibility to disclose personal traffic data Directive 95/46 and Article 15 Directive
to private persons to be used in civil 2002/58 (both articles containing the list of
procedures. The Data protection Directives exceptions referred to the protection of
(95/46 and 2002/58) would act as a personal data) to conclude that this one, as
framework and would take precedence the specific data protection law in
over the E-commerce and intellectual telecommunications sector has chosen the
property Directives (2000/31, 2001/29 and exceptions applicable in this field and has
2004/48), although that does not mean not included the protection of rights and
primacy of Data protection Directives but freedoms of others as one of these
necessity to find a suitable balance. exceptions. This is the major point of
disagreement with the ECJ statement, even Directives on E-commerce and intellectual
if there is a basic coincidence to declare property, that would not oblige the
that «the authorities and courts of the Member States to lay down the obligation
Member States are not only required to to communicate personal data to ensure the
interpret their national law in conformity protection of the right to copyright in civil
with the Data Protection Directives, but proceedings. Doing so, the ECJ comes to
also to ensure that they do not act on the the essential question in the national
basis of an interpretation of those process, this is, the conflict between the
directives which conflicts with the fundamental rights and the necessary
fundamental rights protected by the conciliation of the different interests
Community legal order or the other protected. As the ECJ remembers, it is
general principles of Community law».[7] necessary to take care of, not only the right
In its judgement, the ECJ found that the to property and the right to effective
communication of the names and addresses judicial protection, but also the right to
of users of KaZaA involves the data protection, as part of the fundamental
transmission of personal data [8] and right to privacy. The Directive 2002/58 is
constitutes the processing of personal data the specific norm that protects the privacy
within the meaning of the first paragraph in the telecommunications sector, directly
of Article 2 of Directive 2002/58, read in related to the articles 7 and 8 of the Charter
conjunction with Article 2(b) of Directive which recognises the right to privacy and
95/46. So, first of all, the ECJ determines the right to data protection, being Article 8
if the legal framework formed by the Data of the Charter a transcript of article 8 of
protection Directives and the Directives on the ECHR. But the way to make possible
E-commerce and intellectual property the conciliation of both protected spheres
compels Member States to enforce the duty is the Gordian knot that must be cut to
to disclose personal data in civil solve the problem raised by the national
proceedings to warranty the effective judge. According to the ECJ, the
protection of intellectual property. Its mechanisms to find the fair balance are
analysis of secondary legislation on data contained, first, in the Directive 2002/58,
protection concludes that the Member the specific protective norm of private life
States are not precluded from laying down in the field of electronic communications,
an obligation to disclose personal data in and also in the E-commerce and
the context of civil proceedings, though intellectual property Directives. Secondly,
they are not compelled to lay down such an these mechanisms are contained in the
obligation.[9] In second place, the ECJ measures for implementation and
infers from the E-commerce and application adopted by the Member States
intellectual property Directives that they that must respect the rights protected by
do not contain an obligation for the the Community law and the other general
member States to lay down an obligation principles of Community law, such as the
to disclose personal data to be used in civil principle of proportionality.
proceedings to protect the rights of holders The Promusicae judgement confirms the
of copyright.[10] Thirdly, it considers the relevance to Community law of the
exigencies issued from the articles 17.2 fundamental rights, whose balancing
and 47 of the Charter that the national becomes a singular principle of
Judge alleged. Since the fundamental right interpreting European and national law.
to property, that includes the right to These balancing requirements, together
copyright, and the fundamental right to with the other principles of European Law,
effective judicial protection have been such as the principle of proportionality, are
declared general principles of Community clearly and strongly stated in the
law, the ECJ examines if they would be Promusicae case.[11] Member States must
violated by an interpretation of the take special care to protect this balance
when adopting national rules to implement way compatible with those purposes. This
Community law, as well as measures to exigency prevents from processing
carry out their related obligations, but personal data to attain any other objective.
further more there are no concrete
recommendations from the ECJ to References
accomplish this difficult task. The
Promusicae judgement goes on with the 1. Samuel-D. WARREN, Louis-D.
ECJ traditional case-law about the BRANDEIS, The right to Privacy,
fundamental rights at the European Union HLR, 1890, n 4.
and reaffirms their enhanced force, lack of 2. Antonio PEREZ LUÑO, Derechos
a binding real catalogue. Nevertheless, humanos, Estado de Derecho y
admitting the possibility of attempts to Constitución, Tecnos, 6ª ed. Madrid,
personal data and thus, to private life, the 1999.
ECJ brings into existence an instrument 3. Christopher KUNER, «Data Protection
whose danger we can not ignore. The and Rights. Protection on the Internet:
legitimate cause for these attempts would The Promusicae Judgment of the
be the rights of others but the limits for European Court of Justice», European
these interventions or the kind of rights Intellectual Property Review, Issue 5,
that would give way to these interferences 2008, Thomson/Sweet & Maxwell
are not defined by the ECJ. We could Limited, London.
consider that only other fundamental rights 4. Carlos RUIZ MIGUEL, La
can justify the attempt to personal data but configuración constitucional del
the ECJ dose not specify or concretise.[12] derecho a la intimidad, España,
As a result, an uncertainty remains that Universidad Complutense de Madrid,
could be avoided by the reference made to 2005.
the principle of proportionality which links 5. Anthony DAWES, «Droit de la
to the rich ECJ case-law in the field of propriété intellectuelle (“Promusicae”).
fundamental rights.[13] However, it Arrêt du 29 janvier 2008, affaire
doesn’t lighten the immanent difficulty for C275/06», Revue du droit de l’Union
every measure channelled to give Européenne, nº 2, 2008.
satisfaction to a conflict of rights. The ECJ
does not give precisions to illustrate how Notes
Member States must reach, in the practice,
a fair balance between the right to 1. Samuel-D. WARREN, Louis-D.
copyright and the right to privacy, BRANDEIS, The right to Privacy,
specifically the right to protection of HLR, 1890, n 4, p. 195. These authors
personal data. If it meant that Member are considered to have set the «bases
States should have included additional técnico-jurídicas de la noción de
exceptions to the Directive 2002/58 to privacy» which is configured as a right
allow the eventual communication of to loneliness or «to be let alone»,
personal data in civil proceedings, there is though the roots of this individual
no indication about it or about the situation private sphere claim date back to the
of States, like Spain, that have made a emergence of bourgeoisie, as an
literal transposition of this Directive.[14] aspiration of this new social class to
Finally, it must be considered that the accede to a noblesse privilege. Antonio
exigency of foreseeability of any limits to PEREZ LUÑO, Derechos humanos,
the fundamental rights is fixed for data Estado de Derecho y Constitución,
protection in the criterion of purpose Tecnos, 6ª ed. Madrid, 1999, pp. 321-
limitation. The data can only be collected 323.
for the specified and legitimate 2. In Spain, for instance, the Organic
purposes,[15] and loyally processed in a Law 15/1999 of 13 December, on the
Protection of Personal Data states in Hereafter, we will refer together as the

Article 6. «Consent of the data subject: E-commerce and intellectual property
1. Processing of personal data shall Directives.
require the unambiguous consent of 6. Directive 95/46/EC of the European
the data subject, unless laid down Parliament and of the Council of 24
otherwise by law». The Charter of October 1995 on the protection of
Fundamental Rights of the European individuals with regard to the
Union enshrines the right to the processing of personal data and on the
protection of personal data: «Article 7 free movement of such data, O. J. L
Respect for private and family life. 281/31 of 23.11.95. Directive
Everyone has the right to respect for 2002/58/EC of the European
his or her private and family life, home Parliament and of the Council, of 12
and communications. Article 8. July 2002, concerning the processing
Protection of personal data 1. of personal data and the protection of
Everyone has the right to the privacy in the electronic
protection of personal data concerning communications sector (Directive on
him or her. 2. Such data must be privacy and electronic
processed fairly for specified purposes communications), O.J. nº L 201/37, of
and on the basis of the consent of the 31.07.2002. We will call them together
person concerned or some other the Data protection Directives.
legitimate basis laid down by law. 7. Paragraph 56 of the Opinion of
Everyone has the right of access to Advocate General. The ECJ use almost
data which has been collected the same wording «…the Member
concerning him or her, and the right to States must, when transposing the
have it rectified. 3. Compliance with directives mentioned above, take care
these rules shall be subject to control to rely on an interpretation of the
by an independent authority.» directives which allows a fair balance
3. European Court of Justice, C-275/06 , to be struck between the various
Promusicae vs. Telefónica , 29 January fundamental rights protected by the
2008, Official Journal C 64, Community legal order. Further, when
08.03.2008, p.9. implementing the measures
4. Paragraphs 29-34 of the English transposing those directives, the
version of the Judgement. authorities and courts of the Member
5. Directive 2000/31/EC of the European States must not only interpret their
Parliament and of the Council of 8 national law in a manner consistent
June 2000 on certain legal aspects of with those directives but also make
information society services, in sure that they do not rely on an
particular electronic commerce, in the interpretation of them which would be
Internal Market («Directive on in conflict with those fundamental
electronic commerce») O.J. nº L 178 rights or with the other general
of 17.7.2000. Directive 2001/29 of the principles of Community law, such as
European Parliament and of the the principle of proportionality (see, to
Council of 22 May 2001 on the that effect, Lindqvist, paragraph 87,
harmonisation of certain aspects of and Case C-305/05 Ordre des
copyright and related rights in the barreaux francophones et
information society, O.J. L 167/10, of germanophone and Others [2007]
22.06.2001. Directive 2004/48 of the ECR I-0000, paragraph 28).»
European Parliament and of the Paragraph 68 of the English version of
Council of 29 April 2004 on the the Judgement.
enforcement of intellectual property 8. This is, «information relating to
rights, O.J. L 157/45, of 30.04.2004. identified or identifiable natural
persons, in accordance with the Universidad Complutense de Madrid,

definition in Article 2(a) of Directive 2005, p. 142.
95/46» as was already defined in Case 13. ECJ Allué II, joined cases C259/91, C-
C-101/01 Lindqvist [2003] ECR 331/91 and C-332/91, 2.08.1993
I-12971, (paragraph 24). Paragraph 45 [1993] ECR I-4309; Baumbast, C-
of the English version of the 413/99, 17.09.2002 [2002] E.C.R. I-
Judgement. 7091; Oteiza Olazábal, C-100/01,
9. Paragraphs 53 and 54 of the English 26.11.2002 [2002] ECR I-10981. The
version of the Judgement. measures must be necessary
10. This obligation can not either be based (inexistence of other measures less
on the Agreement on Trade-Related serious for the fundamental rights),
Aspects Of Intellectual Property appropriated to attain the objective
Rights (TRIPS), Annex 1C of the pursued and not to go beyond what is
Marrakesh Agreement Establishing the necessary to attain this objective (this
World Trade Organization, in the light is what some authors call
of which must be interpreted proportionality itself and it means that
Community law «as far as possible» if the sacrifice of fundamental rights
it regulates a field where TRIPS are must not be excessive with regard to
applicable. Paragraph 60 of the the seriousness of facts and the
English version of the Judgement. existing suspicions). These are the
11. Christopher KUNER, «Data Protection requirements to be used to judge «la
and Rights. Protection on the Internet: finalidad de la intervención estatal y su
The Promusicae Judgment of the repercusión sobre los intereses
European Court of Justice», European tutelados por el Derecho comunitario»,
Intellectual Property Review, Issue 5, BARNES, J., «Introducción al principio
2008, Thomson/Sweet & Maxwell de proporcionalidad en el derecho
Limited, London p. 201 comparado y comunitario», Revista
12. We refer to the possibility to apply in de Administración Pública, núm. 135,
the telecommunications sector of septiembre – diciembre 1994,
article 13, 1. g) of Directive 95/46, pp. 495-535, especially, pp. 516-529.
this is, the exception that admits the 14. Anthony DAWES, «Droit de la
attempts to the privacy in order to propriété intellectuelle (“Promusicae”).
protect the rights and freedoms of Arrêt du 29 janvier 2008, affaire
other persons. The phrasing of article C275/06», Revue du droit de l’Union
13.1.g) is very similar to article 8.2 Européenne, nº 2, 2008, p. 377. See
of the ECHR that admits the also L. GONZALEZ VAQUE, «El
interferences in private and family TJCE se pronuncia sobre la obligación
life for the protection of the rights de comunicar datos personales a fin de
and freedoms of others. As a limit let garantizar la protección de los
to the appreciation of States, and derechos de autor en un procedimiento
without an insurmountable limit in civil: la sentencia “Promusicae”»,
the case-law of the European Court Unión Europea Aranzadi, vol. 35, nº 5,
of Human Rights, it could be 2008, pp. 5-14. The author emphasizes
acceptable to think about that the ways to give form to this «…
interferences in any aspect of private equilibrio inestable pueden ser
life, if the States argue serious problemáticas… y desarmonizadas».
reasons. Carlos RUIZ MIGUEL, La 15. That is what stresses the article 8.2 of
configuración constitucional del the Charter.
derecho a la intimidad, España,
GIBRALTAR AND THE EUROPEAN

PARLIAMENT ELECTIONS BEFORE
THE EUROPEAN COURT OF JUSTICE
Inmaculada GONZÁLEZ GARCÍA 1
Abstract: The judgment under study (ECJ - judgment of September 12,

2006, Spain/United Kingdom, C-145/04) concerns the controversy between
Spain and the United Kingdom on the sovereignty of Gibraltar and affects the
legal status of Gibraltar in the European Union. The point of departure for
this study stems from the adoption by the United Kingdom of the European
Parliament (Representation) Act –EPRA 2003, in order to comply with the
judgment of the ECHR in the case of Matthews vs UK, 1999. Spain points out
that its action covers solely elections as they are held in Gibraltar and not
the United Kingdom’s recognition of the right to the so-called Qualifying
Commonwealth Citizens (QCCs) residing in its territory to vote for the
European Parliament. The ECJ dismissed the action of Spain. In our opinion,
a Spanish argument focused on the limitations of the annex I of the Act
concerning the election of the representatives of the European Parliament by
direct universal suffrage (1976) would have been able to direct the
arguments of the parties and the foundations of the ECJ to a different ending.
Key words: European Parliament – Elections – Right to vote – Gibraltar –

Citizenship of the Union, Commonwealth.
I. Introduction Gibraltar from the European elections,

Gibraltar holds an unusual position according to the terms of Appendix II of
within the European Community/European the Act relating to the election of Members
Union (EC/EU), being a non-autonomous of the European Parliament by direct
territory that is dependent on a Member universal suffrage [1] (hereafter, the 1976
State, the United Kingdom. It is also Act).
well-known that a controversy has existed Two judgments by European courts have
between Spain and the UK concerning examined this situation from different
Gibraltar as a territory that is under British perspectives, leading to regulatory reforms
sovereignty since the Treaty of Utrecht in that have changed this political and legal
1713, and that nowadays it is the subject of scene, while creating a regulatory
negotiations between the two nations with framework that is the subject of judicial
respect to the United Nations controversy. In fact, the judicial decisions
decolonisation process. made by these European courts have
The unusual idea of Gibraltar as a allowed Gibraltar to take part in the
non-autonomous territory meant that the European Parliament (EP) elections in
United Kingdom initially excluded 2009.
1
Associate Professor (Profesora Contratada Doctora) of Public International Law and International Relations
at the University of Cadiz.
Thus, on the one hand we have the made by Spain against this British Act
Matthews judgment of the European Court relating to the European Parliament
of Human Rights in Strasbourg [2]; and on elections in Gibraltar, determined by the
the other hand, the Spain/United Kingdom Spanish-British agreements of the
judgment of the European Court of Justice Declaration of 2002.
(ECJ) in Luxembourg [3].
On the 4th June 2009 Gibraltar took part 2. Appeal Made before the European
for the second time in the European Court of Justice by Spain against the
Parliament elections, included in the region United Kingdom Due to Failure to
of South West England. This change Comply with the Law
follows the proceedings of the British The Act relating to electoral
legislator in compliance with the Matthews representation for the European Parliament
judgment of the European Court of Human elections (EPRA 2003) formed a basis for
Rights in 1999, as a result of the appeal the appeal made by Spain against the UK
made against the United Kingdom by Mrs in March 2004, due to failure to comply
Matthews, of British nationality residing in with EU law [8], in accordance with article
Gibraltar. In this judgment, the European 227 of the Treaty of the European
Court of Human Rights declared that the Community.
United Kingdom had infringed article 3 of Focusing on the analysis of the judgment
the first Protocol of the European of the ECJ on the 12th September 2006,
Convention on Human Rights (ECHR), by Spain considered that the EPRA 2003
not having organised European Parliament violated the Treaty of the European
elections in Gibraltar [4]. Community and the 1976 Act, and that the
Consequently, in order to guarantee United Kingdom had not respected the
compliance of the European Court of commitments it made in the Declaration of
Human Rights’ judgment in the Matthews the 18th February 2002.
case, and faced with Spain’s refusal to The declarations presented by Spain in
withdraw annex II of the 1976 Act [5], the the appeal against the United Kingdom
United Kingdom issued a Declaration in focused on two specific aspects:
which it assured that it would make it Firstly, on the way in which the United
possible for the Gibraltarian electorate to Kingdom has organised the European
vote in the European Parliament elections Parliament elections in Gibraltar [9],
as part of a constituency of the United giving the right to vote to nationals from
Kingdom [6]. This Declaration, on the 18th other countries that are not EU citizens.
February 2002, included the agreement This is the case of Commonwealth citizens
reached between Spain and the United that fulfil certain requirements (known as
Kingdom, of which the Council and the Qualifying Commonwealth Citizens or
Commission took note [7]. QCC [10]) and that reside in Gibraltar. For
On the 8th May 2003, the United Spain this is a violation of EU law,
Kingdom adopted the European Parliament upholding that a clear relationship exists
(Representation) Act 2003 (hereafter between EU citizenship and the right to
EPRA 2003), with the aim of guaranteeing active and passive suffrage in the European
the right of the Gibraltarians to participate elections.
in the European elections. Secondly, on the incorporation of the
This study aims to analyse the judgment territory of Gibraltar, and not the
pronounced by the European Court of Gibraltarian electorate, in the constituency
Justice in 2006 with respect to an appeal of South West England, violating,
González García, I.: Gibraltar and the European Parliament Elections … 197
according to Spain, the 1976 Act, whose For the United Kingdom, recognising the
Annex I (in the current version) obliges the QCCs’ right to vote is considered part of
United Kingdom to only apply the its constitutional tradition and, supported
corresponding regulations within its own in this sense by the European Commission,
territory, consequently excluding Gibraltar. it understands that the right to active and
Spain likewise considers this to be a clear passive suffrage in the European elections
breach of the commitments made by the may be extended to British nationals from
United Kingdom in its Declaration in other countries, since no EU law exists that
2002. opposes this idea [12]. Thus, the UK states
that EU law does not have full control over
3. EU Citizenship and the Right to Vote the matters relating to the right to active
in European Parliament Elections and passive suffrage in the European
If we focus on the first plea in law, the elections, and that the 1976 Act does not
following arguments are those upon which define the categories of who holds this
the Spanish government based its appeal right, consequently understanding that this
that the EPRA 2003 was contrary to EU matter could be regulated by the EPRA
law as a result of giving the QCCs resident 2003 [13]. Furthermore, the UK believes
in Gibraltar the right to vote in the that not only EU citizens enjoy the rights
European elections: Spain declares that conferred by the Treaty of the European
articles 17, 19, 189 and 190 of the Treaty Community [14], stating that the Treaty
of the European Community, interpreted establishing a Constitution for Europe is
historically and methodically, only established is not valid and that its
recognise the right to active and passive regulations do not aim, at first sight, to
suffrage for EU citizens. Furthermore, exclude those nationals from other
Spain declares that due to the recognition countries from the right to vote, nor to
of this right being a matter that depends on prescribe the way in which Member States
the EU, only EU law can make an must set the requirements for the right to
amendment to its field of application vote.
ratione personae [11]. Likewise, Spain According to the interpretation of the
refuses the idea that rights that arise from ECJ in this matter, in accordance with the
EU citizenship can have different fields of law in force, the decision of who has the
application, as this would mean the right to vote in the European elections is
breaking up of citizenry. The Spanish the responsibility of each Member State,
government supports its arguments with while respecting EU law, adding later on
the Charter of Fundamental Rights of the that the articles of the Treaty referred to by
European Union, in which article 39 refers Spain in its allegations are not opposed to
to the citizens of the EU as holders of the the Member States recognising the right to
right to vote and stand as a candidate at active and passive suffrage of certain
elections, understanding that this people that have a close tie to them and
expression is not open to a country’s own that are not actual nationals of the country
interpretation. The Spanish government in question or citizens of the EU that reside
also supports its argument through the in their territory.
Treaty establishing a Constitution for The European Court of Justice has stated
Europe, considering that the link between that the idea behind the EU’s statute of
the right to vote in European Parliament citizenship is to turn it into the
elections and being a EU citizen is clearly fundamental statute of nationals of
stated in its articles. Member States, allowing those that find
themselves in the same situation to obtain, Spain therefore considers that in order to
regardless of their nationality and without ensure the Matthews judgment is complied
affecting the exceptions clearly anticipated with, as well as the terms of the
to this respect, the same legal treatment; a Declaration of the 18th February 2002, the
statement that, for the Court itself, does not EPRA 2003 should have been limited to
necessarily mean that the rights recognised assigning the Gibraltar electorate to a
by the Treaty are reserved only for EU British constituency. In other words, the
citizens. United Kingdom should have included the
Finally, recognising that Britain’s Gibraltar electorate that are British
decision to concede the right of active and nationals into an existing constituency,
passive suffrage in the national elections rather than the territory of Gibraltar as a
and in those of the legislative assembly of whole, and to have done so without
Gibraltar to the QCCs that fulfil certain involving the authorities in the electoral
requirements is related to the constitutional proceedings [16].
tradition of the UK, the European Court of However, the United Kingdom considers
Justice understands that this country’s the contents of the EPRA 2003 to be in
decision to extrapolate to the European accordance with the 1976 Act, since the
elections, organised in Gibraltar, the latter should be interpreted in accordance
requirements established in its national with the fundamental rights, as is
regulations for being able to vote or be recognised and guaranteed in the European
elected, in those other elections (national Convention on Human Rights (ECHR) and
and for the legislative assembly of interpreted by the European Court of
Gibraltar), does not go against EU law. Human Rights in the Matthews judgment.
As a result, the European Court of Furthermore, the UK declares that it has
Justice declares that Spain has not proved respected its commitment to ensure that the
that the United Kingdom, by adopting the necessary alterations were introduced in
EPRA 2003, has infringed the order to allow the Gibraltar electorate to
aforementioned articles of the Treaty, and participate in the European Parliament
it considers that the first plea in law put elections under the same conditions as the
forward by the Spanish government is electorate of any existing constituency in
unfounded. the United Kingdom, extrapolating its
legislation to Gibraltar and adapting the
4. The Creation of a Combined requirements, mutatis mutandis, to the
Constituency for the Territory of Gibraltar electorate [17].
Gibraltar Similarly, the ECJ considers the United
We will now analyse the second plea in Kingdom to have acted in line with the
law put forward by the Spanish Matthews judgment, rejecting Spain’s
government, according to which the United declaration. Furthermore, as regards the
Kingdom infringed the 1976 Act and the inclusion of Gibraltar in an existing
commitments made in the aforementioned constituency in England, the ECJ reminds
Declaration of the 18th February 2002, by us that by organising the voting in this
creating a combined constituency for the way, the UK manages to place the
territory of Gibraltar. Gibraltar electorate in a situation that is
As has been mentioned, in accordance similar to that of a voter in the UK, without
with what is set out in Annex I of the 1976 having to face obstacles arising from the
Act, the United Kingdom cannot apply the legal system of Gibraltar that may not
regulations of this Act to Gibraltar [15].
allow them to use their right to vote, or that rather the way in which the UK has
may dissuade them from doing so. organised the elections in Gibraltar, we
In relation to the second plea in law put understand that the legal basis upon which
forward by the Spanish government, the the accusation of violation of EU law
ECJ declares that this is also unfounded should be based on Annex I of the 1976
and does not provide sufficient Act. This Act excludes the territory of
reasoning[18]. Gibraltar from the European elections, and
Consequently, the ECJ decided to reject not the violation of certain regulations of
the appeal made by the Spanish the Treaty that affect EU citizens.
government against the United Kingdom, The violation of Annex I of the 1976 Act
while ordering Spain to pay the costs, and would equally serve as a legal basis upon
that the European Commission pays for its which the second plea in law could be
own costs. based, meaning that the United Kingdom
would have violated EU law by creating a
5. Final Thoughts combined constituency for the territory of
In our opinion, the first plea in law set Gibraltar, without taking into account the
out by Spain in the appeal against the commitments it made in the Declaration of
United Kingdom due to a breach of the law the 18th February 2002; a Declaration upon
was not appropriately supported. Spain which the ECJ bases its justification of the
argues that by EPRA 2003 extending the extrapolation of the UK’s regulations to
right to vote to non-EU nationals residing the territory of Gibraltar, mutatis mutandis,
in Gibraltar (like the QCCs), it has violated and the recognition of the Gibraltar
certain regulations of the Treaty of the electorate’s right to vote under the same
European Community that, according to terms as the electorate in the South West of
our government, link Union citizenship England constituency.
with the right to active and passive Also in this case one could have argued
suffrage in the European Parliament that the unilateral declaration of a State
elections. cannot act as an exception to an original
However, we consider that if, by rule of law (Annex I of the 1976 Act).
applying the Matthews judgment, Spain However, the inclusion of the electorate
accepted the Gibraltarians’ right (as Union and not the territory of Gibraltar (an idea
citizens with British nationality) to vote in upheld by the Spanish government), would
the European Parliament elections, perhaps have guaranteed the EU citizens’ residing
the Spanish government should have based in Gibraltar right to vote in the European
its first cause for appeal on the boundaries elections (whether they were British or
that can be applied to Annex I of the 1976 nationals of other EU countries). Solutions
Act, one of them being the recognition of a do exist in order to ensure such a
fundamental right that the QCCs lack. situation[19].
Thus, the extension of the right to vote to We must not forget that the exclusion of
non-EU nationals could not constitute an Gibraltar from the European Parliament
exception to the 1976 Act, since it would elections complies with its international
not have been imposed as a result of the legal status. On a constitutional level,
need to guarantee the possibility of Gibraltar does not form part of the territory
exercising a right of this nature. of the United Kingdom. It is a colony, and
Since the subject of the appeal is not the according to the Act relating to the terms
organisation of the European Parliament of accession of the Kingdom of Denmark,
elections in the United Kingdom, but Ireland and the United Kingdom of Great
Britain and Northern Ireland, and to the the Union). An analysis of this
adaptations of the Treaties, certain parts of judgment has been published by the
the Treaty of the European Community do author in the journal Revista de
not apply to Gibraltar. Derecho Comunitario Europeo, Year
In summary, we believe that if the 12. No. 29, Jan/April 2008,
Spanish appeal before the European Court pp. 215-232.
of Justice had focused more on the 4. This obliges the contracting parties to
boundaries of Annex I of the 1976 Act, it organise free elections at reasonable
would have led to other arguments before intervals by secret ballot, under
the ECJ, which may have given a different conditions that will ensure the free
result to that of this judgment. expression of the opinion of the people
One must not forget that the judgment by in the choice of the legislature. The
the ECJ in 2006 has been that which, in European Court of Human Rights
short, has interpreted the specific electoral pointed out in Section 64 of its
regulations established ad hoc for the judgment that the plaintiff, as a
European Parliament elections and the resident of Gibraltar, was deprived of
Declaration between Spain and the UK in any possibility to express their opinion
2002, thus allowing the British electoral on the election of Members of the
law of 2003 to be applied. And by virtue of European Parliament.
this British law, the Gibraltarians 5. The 1976 Act could only by amended
participated in the European elections on by unanimous agreement of the
the 4th June 2009, the territory of Gibraltar Member States gathered together in the
having been included in the constituency Council, requiring subsequent
of the South West of England. ratification by each of them according
to their respective constitutional
Notes regulations.
6. This Declaration was made in the
1. Act annexed to Council Decision Council session of the 18th February
76/787/CECA, CEE, EURATOM of 2002, in which the Decision amending
the 20th September 1976. This annex the 1976 Act was passed (Council
was converted into annex I in the Decision 2002/772, which renumbers
version modified by the Council the articles and annexes to the 1976
Decision 2002/772/CE, EURATOM, Act). Annex I was withdrawn, but
of the 25th June 2002 and the 23rd Annex II (which is now Annex I) was
September 2002 (O.J. L 283, p. 1), in maintained in its original terms: “The
effect since the 1st April 2004. United Kingdom will apply regulations
2. Judgment of the European Court of of this Act only with respect to the
Human Rights on the 18th February United Kingdom”.
1999, Recueil des arrêts et décisions 7. This is a bilateral agreement, as stated
1999-I. by the United Kingdom in the
3. Judgment (Grand Chamber), of the 12th Declaration of the 18th February 2002,
September 2006, Spain / United reflected in the minutes of the Council
Kingdom, Rec. p. I-7917. (Case C- meeting on the same date.
145/04, European Parliament – 8. Appeal made on the 18th March 2004
Elections – Right to Vote – against the United Kingdom of Great
Commonwealth citizens residing in Britain and Northern Ireland by the
Gibraltar and not having citizenship of Kingdom of Spain, O.J. C 106, on 30th
April 2004. Case C-145/04. colony must have a status separate and
9. In this sense, Spain emphasises that the distinct from the territory of the State
only objective of its appeal is the way administering it. Spain believes that
in which the elections are organised in Annex I of the 1976 Act is an
Gibraltar and not the fact that the implementation of this principle
United Kingdom recognises the QCCs’ (section 83 of the ECJ judgment).
(that are in the territory of the United 16. The EPRA 2003 anticipated the
Kingdom) right to vote for the existence of an electoral register in
European Parliament. Gibraltar organised by a local
10. According to article 16, section 5 of the government employee (articles 13 and
EPRA 2003, QCCs are considered to 14), with anybody that is registered
be those people that: do not need, in being able to vote in Gibraltar (article
accordance with Gibraltar law, to have 15). In order to do so, such people
any permit in order to enter or stay in must meet the following requirements
Gibraltar or; that have a permit that (article 16, section 1): residing in
authorises them to enter and stay in Gibraltar; to not incur any cause of
Gibraltar (or those that, according to incapacity; to be at least 18 years old;
Gibraltar law, would have the right to and to be a citizen of the
such a permit). Commonwealth fulfiling certain
11. Sections 38 and 39 of the judgment of specific requirements (QCC) or to be a
the ECJ, case Spain vs. United citizen of the European Union.
Kingdom. Gibraltar’s local legal bodies must also
12. Sections 48 and 49 of the ECJ be responsible for understanding the
judgment. litigation regarding elections (section
13. Section 50 of the ECJ judgment. 84 of the ECJ judgment).
14. In this sense, supported by the 17. According to the United Kingdom, the
Commission, it states that this Treaty requirements necessary for voting are
grants certain rights to people that are identical to those set out in the
not EU citizens, such as the right to electoral law of the UK, namely, those
make a request before the European of citizenry, residence and inscription
Parliament or the right to turn to the in the electoral register, having
European Ombudsman (articles 194 adapted such requirements, mutatis
and 195 of the Treaty), and mutandis, to the Gibraltar electorate.
understands that the extension by 18. For the ECJ: “The extrapolation of the
Member States of certain rights to UK’s regulations to the territory of
nationals of other countries (such as Gibraltar, mutatis mutandis, is even
the right to protection of diplomatic less disputable if one takes into
and consular authorities or the right to account that, according to what can be
participate in politics) will not lead to a seen in section 59 of the Matthews
“breaking up of EU citizenship” judgment …, the European Court of
(Section 54 of the ECJ judgment). Human Rights did not see, in
15. This responds to the colonial status of Gibraltar’s legal system, any factor
Gibraltar, as is defined in article X of that expressed local needs that had to
the Treaty of Utrecht and in the be taken into account, in line with
resolution 2625 (XXV) of the General article 56, section 3 of the ECHR, for
Assembly on the 24th October 1970, the application of this agreement to a
which states that the territory of a territory whose international relations
are the responsibility of a Contracting be great problems there either: one can
State” (section 96 of the judgment). vote by post, in a polling station set up
19. The following statement by Ruiz- in the colony… Not only are there
Jarabo is of great interest: “… is it numerous solutions - as highlighted by
feasible that EU citizens residing in the judgment (referring to that of the
Gibraltar should vote for a parliament ECHR in the Matthews case) when
that does not represent their territory? mentioning the States’ wide margin of
Absolutely. Once more, a territorial interpretation for organising elections
matter should not be confused with a – but these have already been put into
personal matter. Article 190 aims to practice on other occasions with no
ensure the representation of citizens, great problems”. See P.
and not territories, in the Parliament… RUIZ-JARABO, “Por una
In fact, the votes of the Gibraltarians interpretación pacífica de Matthews
could be added to those of an English contra Reino Unido. Colonialismo y
constituency, or even (and why not?) Derechos Fundamentales en
to a Spanish constituency. As regards Gibraltar”, ADI, vol. XVIII (2002),
the form of the vote, there would not pp. 229-252, specifically, pp. 250-251.
THE INVESTMENT OF
THE PAYMENT INSTRUMENTS
WITH EXECUTORY FORMULA
L. MANEA 1 A. C. MANEA 2
Abstract: The judge-made-law is not unitary regarding the necessity to

invest with executory formula the cheque and the bills payable to order, and
the same courts interpreted the dispositions from the civil procedure code
excluding the special laws which established the juridical conditions for the
cheque and bill payable to order. At the same time, other courts grant
priority to the special laws which established the regime of writ of execution
for this payment instruments. Because of this disparity the attorney general
has filed an appeal in the interest of law and the solution of the Highest
Court of Cassation and Justice was to admit the appeal and to dispose to
invest them with executory formula.
Key words: cheque, bill payable to order, writ of execution, appeal,

executory formula.
We have been writing before about this Our juridical argument at the moment of
subject [1] regarding the necessity of an appeal in the interest of law was that Law
unitary application and interpretation of no. 58/1934 and no. 59/1934 haven’t been
the article 374^1 from the Civil Procedure amended in essence until today, and the
Code relative to the article 61 from the actual amendments brought to the Civil
Law no.58/1934 [2] and article 53 from the Procedure Code through Law no. 459/2006
Law no.59/1934 [3], and at that moment [4] have priority as special rules when they
the Highest Court of Cassation and Justice concluded that “the judgment or other titles
did not pronounce the sentence. We agree execute themselves only if they are
then to the second opinion that sustained invested with the executory clause
that it is not necessary and compulsory to mentioned in article 269 paragraph 1,
invest with executory clause the except for the enforceable judgment, the
promissory note ,bill payable to order and provisional enforceable judgment and
cheque because article 374^1 from the other judgments or documents mentioned
Civil Procedure Code represents the by law which execute themselves without
special rule in the domain of the execution the executory clause”.
without the executory clause based only on In accordance with article 61 paragraph 1
the law which recognized the character of from the Law no. 58/1934, “the promissory
the writ of execution. note has value of a writ of execution for
1
2
Dept. of Private Law, Transilvania University of Brasov.
the capital and premises, settled in invest with executory clause the
accordance with article 53, 54 and 57”. promissory note, bill payable to order and
At the same time, the identical law cheque notwithstanding the legal
confers equally through article 106 the provisions from the article 374^1 from the
same character to the bill payable to order. civil procedure code, some courts sustain
The bill payable to order has the same that the investment with the executory
juridical regime as the promissory note. clause of the commercial titles is necessary
The character of writ of execution is also and is imposed expressly by the legislator.
recognized to the cheque, and so article 53 The divergent opinions of the judge-
paragraph 1 from the Law no. 59/1934 made-law are argued each against the
settled :”the cheque has value of a writ of normative texts mentioned above, in
execution for the capital and premises, accordance with the legal dispositions
settled in accordance with article 48 and which are considered to represent the
49”. special law, respectively the laws about
We have taken into account all these promissory note, bill payable to order and
arguments when we sustained our point of cheque;and on the other hand with the
view about the priority as special rules of dispositions of article 374^1 from the civil
the amendments brought to the Civil procedure code against the amendments
Procedure Code through the law no. brought in 2006 through the Law
459/2006, especially the provisions of nr.459/2006.
article 374 ^1 from the civil procedure On 19th January 2009, the Highest Court
code. of Cassation and Justice pronounced the
The opinion of not investing with appeal in the
executory formula the payment interest of law in the file no.24/2008, and
instruments was also sustained by the the judgment was to admit the appeal
General Prosecutor of Romania in the within the meaning of the dispositions of
appeal filed in the interest of law. article 374 ^1 from the civil procedure
The first opinion that sustained the code, referred to article 61 from the Law
necessity of investment with executory no.58/1934 and article 53 from the Law
formula for the cheque, promissory note no.59/1934.It must be interpreted in the
and bill payable to order, also mentioned in way that the promissory note, bill payable
the appeal filed in the interest of law by the to order and cheque must be invested with
General Prosecutor of Romania, was based executory formula in the application of
exactly on the dispositions of article 374 forced execution. At the time of writing
paragraph 1 from the Civil Procedure this article, the Decision no.4 from 19th
Code, as it was changed through Law January 2009 of the Highest Court of
no.459/2006 :”the judgment or other title Cassation and Justice is not motivated and
execute themse;ves only if they are not published into the Official Gazette of
invested with the executory clause Romania, but the solution is imperative for
mentioned in article 269 paragraph 1 (…)”. all the courts, in accordance with article
Starting from the character of special act 329 from the Civil Procedure Code.
for Law no.58/1934 and Law no.59/1934, Opposite to the opinion sustained by the
documents which settled expressly to General Prosecutor of Romania, the
Manea, L. et al.: The Investment of the Payment Instruments with Executory Formula 205
solution of the appeal in the interest of law suspension from the forced execution
is in accordance with the special laws, procedure.
which are law no. 58/1934 and law Even if some courts and authors consider
no.59/1934, and it isn’t in “the spirit” of that laws no.58/1934 and no.59/1934
the general law, which is the Civil aren’t the special law, because they have
Procedure Code. taken into account the rapport between the
Analyzing the arguments sustained by general and the special precept, reproduced
the courts who ask for the executory „specialia generalibus derogant”, we can
formula in case of promissory note, bill agree with this only under the directive of
payable to order and cheque before the the former procedural civil law.
solution of appeal in the interest of law, it Starting from the above mentioned
results without doubt that the solutions principle , even if „actus interpretandus est
were based on the text from the special potius ut valeat quam ut pereat” (the law
laws (article 61 paragraph 2 from the Law must be interpreted in the way to produce
no.58/1934, respectively article 53 its juridical effects, and not in the way of
paragraph 2 from the Law no.59/1934) its non application) , and even if "Ubi lex
which speak about the investment with non distinguit, nec nos distinguere
executory formula of the payment debemus"(Where the law is not
instruments. distinguished, neither can we distinguish
The only required condition asked by the it), we cannot interpret that Laws
special laws for the forced execution no.58/1934 and no.59/1934 are the special
procedure of the payment instruments is to law.
invest with executory formula the Also, after the modifications brought to
promissory note, bill payable to order and the Civil Procedure Code through the law
cheque, and for that the legislator, from the no.459/2006, if we take into account the
beginning, settled expressly that the dispositions from the article 374^1, we can
competence to invest with executory still consider hereinafter that the
formula belongs to the courts, respectively dispositions from article 61 paragraph 3
to the Court of Justice or to the High Court from the law no.58/1934 and article 53
of Justice [5]. paragraph 3 from the law no.59/1934 are
It is true that at the moment of the still not out of date, because we are in the
adoption of special laws no.58/1934 and position to apply with priority a special
no.59/1934, the disposition from the Civil disposition’of the law towards the general
Procedure Code article 374 was in the way disposition of the law, which are the Civil
that “no other judgment can be executed if Procedure Code.
it is not invested with executory formula, The lapse intervenes only in case when
the only exception being the provisional our legislation lacks dispositions about the
enforceable judgment and the preparatory necessity to invest with executory formula,
judgment”. With that condition, the and that’s because a general precept can
formality of investment with executory not modify a special precept.
formula has the effect to confirm that the It is true that regarding the investment
title is susceptible to be applied in forced with executory formula the civil procedure
execution, and that there is no temporary code (the general precept) settled the cases
in which the investment with executory 2. The Law no. 58/1934 about
formula is necessary, and in the new view promissory note and bill payable to
of the settlement the Civil Procedure order, In: Official Gazette of Romania
Code’s dispositions exclude expressly no. 100 from 01.05.1934.
from the investment with executory 3. The Law no.59/1934 about cheque, In:
formula the documents which recognized Official Gazette of Romania no. 100
from 01.05.
References 4. The Law no.459/2006 for the
amendment and completed of the civil
1. Manea L, Manea A. C.: Normative and procedure code, In: Official Gazette of
procedural present interest aspects Romania no. 994 from 15.12.2006.
regarding the payment instruments In: 5. Ciobanu V. M., Boroi G.: Civil
Buletinul Universitatii Transilvania, procedure law, Selective Course, 2003,
Brasov, 2008. All Beck, p. 472.
THE RELATION BETWEEN

THE ROMANIAN COMMERCIAL
BANKING COMPANIES AND THE
CORPORATE SOCIAL RESPONSIBILITY
L. MUREŞAN 1 C. A. GHEORGHE 2
Abstract: The relatively recent legal regulation regarding the field of the
banking service consumer protection has been determined by the abusive
commercial activity of the commercial banking companies. If the
commercial banking companies had been aware of the need to comply with
certain ethical principles in their relation with consumers – having a
socially responsible behavior –, then these principles would not legally have
been sanctioned. That is why we consider that the significant sanctions to
which the banks expose themselves at present are a consequence of the
flagrant and repeated breach of the ethical principles in the field of consumer
protection.
Key words: banking commercial company, corporate social responsibility,

business ethics, consumers, consumer protection legislation.
1. Introductory Aspects regarding the The stakeholders are divided into two
Corporate Social Responsibility main categories:
The social responsibility of the a external stakeholders – including
commercial companies is a moral liability, business partners, suppliers, consumers,
a voluntary liability of the respective local communities, natural environment,
commercial companies regarding the future generations,
interaction of their own activity with: the b. internal stakeholders – including
natural environment, clients/consumers, employees, shareholders, and
own employees. managers/owners. [4]
In order to understand the term social We shall further on consider the relation
responsibility of the commercial between the banking commercial
companies, the stakeholder term must be companies and their main external
explained. stakeholders – consumers.
The stakeholder term derives from the
following terms: stake meaning interest, 2. The Romanian Commercial Banking
holder meaning owner, both English terms. Companies
The stakeholders are those categories of The commercial banking companies
persons who have an interest in the have a very important role in the
development of the activity of the commercial field, especially in the
respective commercial company. relations with the consumers (natural
1
2
Dept. of Private Law, Transilvania University of Brasov.
persons); for this reason, we will try to the third parties, as the liability of the
briefly describe this special type of partners for the social obligations is
commercial company. restricted to these contributions. Due to the
The commercial banking company is importance of the contributions to the
defined [2] as the commercial company social capital and blurring of the partners’
which has a specific object of activity, i.e. personal features, the joint-stock company
fund attraction from natural and legal is also known as an anonymous company.
persons, under the form of deposits or non- The commercial joint-stock company is
negotiable instruments, payable at sight or intended to accomplish great businesses
fixed term, as well as credit granting. requiring significant capitals. This type of
Besides these main activities, a bank can commercial company is conceived in order
perform several banking services, to form great capitals, required for the
represented by the related operations. achievement of far-reaching investments.
Thus, the only element strikingly For this purpose, the joint-stock company
differentiating a commercial banking is authorized to appeal to the public
company from another commercial subscription.
company is the object of activity. Due to the importance of the activity
The ommercial banking companies are performed by the commercial banking
universal credit institutions. Legally, these companies, they are constituted only under
are joint-stock companies, according to the the form of commercial joint-stock
commercial legislation and to Government companies. Moreover, the commercial
Emergency Ordinance no. 99/2006. [3] banking companies, due to their size,
Thus, the banking commercial company always have a marketing department.
is constituted under the form of a Thus, we can check whether their
commercial joint-stock company. The marketing strategies are or are not socially
main differences between another responsible, although a few of these
commercial joint-stock company and a commercial banking companies perform
banking commercial company are the philanthropic activities labelled as
restriction, in the case of the banking “socially responsible activities”.
commercial company, of the object of the The banks are organized as commercial
cash contribution made by the partner, and companies, and pursue the obtaining of a
the minimum amount of the social capital profit. By means of this purpose, the banks
of 37,000,000 lei, much higher as do not distinguish themselves from other
compared to the rest of commercial joint- commercial companies; the difference
stock companies for which the minimum consists in the ways of achieving the
amount of the social capital is 100,000 lei. purpose in mind. However, the profit is not
As far as the commercial joint-stock the only factor which must be considered
company is concerned, it is considered [1] by the banks in establishing their
as being the most complex and most investment policy. They are obliged to
evolved form of commercial company. In provide an active balance between
the case of this type of company, the profitability, liquidity and risk. [2]
contributions of the partners are more The commercial banks perform all types
important than their personal features. In of banking operations. The main
general, the partners make their operations remain however the deposit
contribution to the social capital, without constitution and their use for the purpose
operating any activity within the company. of granting credits to the traders – legal
These contributions are also important for
Mureşan, L. et al.: The Relation between the Romanian Commercial Banking Companies … 209
persons – and consumers – natural the quality of the prudential control

persons–. performed by the competent authority of
Thus, the bank has as its main function each member state is mutually
the concrete mediation by resource acknowledged, by harmonizing the
attraction and its redistribution in the prudential control rules.
economic circulation. Money and credit
can form the object of the circulation, i.e. 3. Consumer Protection – Element of the
the object of certain commercial Corporate Social Responsibility In
operations. the Romanian Banking System
The Romanian banking system is made The abuse of the banks operating on the
up, on the one hand, of the National Bank Romanian market towards the banking
of Romania, the central bank of Romania, service consumers, has determined the
whose activity is regulated by the B.N.R. recent modification of the consumer
Statute – Law no. 312 of 2004 –, and the protection legislation. Thus, Emergency
banks constituted as commercial Ordinance no. 174 of 19.11.2008 for the
companies, according to Law no. 31 of modification and completion of normative
1990 regarding the commercial companies documents regarding the consumer
and G.E.O. no. 99 of 2006. [2] protection [5] modifies, first of all,
The commercial activity performed by Government Ordinance no. 21/1992
the banks is mainly controlled by the regarding consumer protection,
National Bank of Romania. republished in 2008. Thus, at art. 2 of
In their relation to the banks, the Government Ordinance no. 21/1992, three
National Bank of Romania performs new definitions are included.
crediting operations for the banks; The total cost of the consumer credit
establishes the crediting conditions and includes all costs, including interest,
costs; opens an account for each bank; commissions, taxes and any other type of
monitors the payment systems; can provide costs which must be borne by the
compensation, storing, discounting and consumer, related to the credit contract,
payment services, as well as data and and which are known by the creditor,
information collection and issuance except for the notarial fees. The related
services, for the purpose of preventing and service costs concerning the credit
restricting risks. One of the most important contract, especially the insurance bonuses
activities performed by the BNR in relation are also included here, in case the
to the banks is their prudential supervision, obtaining of the credit is conditioned by
expressed by means of the exclusive the conclusion of a service contract.
competence to authorize the operation of The total value payable by the consumer
the banks, and through the fact that B.N.R. represents the sum between the total value
is responsible for the prudential of the credit and the total cost of the credit
supervision of the credit institutions which for the consumer. The total value of the
they have authorized to operate. After they credit represents the ceiling or the total
have been subject to the constitution amounts made available based on a credit
control and operation authorization, the contract.
banks must be and continue to be Emergency ordinance no. 174/2008 adds
controlled. This control considers the two new articles 92 and 93, according to
assumed risks which must not endanger the which the banking service consumers are
solvability of the respective bank and the protected.
credibility of others. At community level,
Thus, any form of publicity related to the If an anticipated refund right is provided,
credit contracts indicating an interest rate the anticipated refund commission of the
or any other figures regarding the credit credit is determined in close connection to
cost for the consumer shall include the the losses of the creditor related to the
following standard information: the anticipated refund, and must not be a
interest rate related to the credit, fixed disproportionate obstacle in the exertion of
and/or variable, together with information the consumer’s right to early refund the
related to any costs included in the total credit.
credit cost for the consumer; total credit In the credit/deposit contract, the costs
value; actual annual interest, according to related to the administration, cash
the specific legal stipulations; duration of withdrawal and/or deposit related to the
the credit contract and total value payable current account, which are the consumer’s
by the consumer. task, shall also be mentioned, if the
The previously presented definitions banking commercial company collects
explain the extent of these obligations in such commissions.
the field of the publicity performed by the Moreover, without prejudicing the
banking commercial companies operating stipulations related to the modification of
on the Romanian market. Moreover, in the the interest, during the development of the
case of any form of publicity, the contract, it is forbidden to increase the
information related to costs shall visibly be commissions, fees, tariffs, banking
written and easy to read, in the same visual expenses or any other costs mentioned in
area, and with characters of the same size. the contract, as well as the introduction and
In the cases in which, in order to be collection of new fees, commissions,
granted the credit, the consumer is obliged tariffs, banking expenses or any other costs
to conclude an insurance contract, this which have not been mentioned in the
shall be mentioned in the publicity. contract. In the contract signed between
As for the contracts concluded by the the bank and the consumer, the type of
banks with the consumers, the banks are interest, variable and/or fixed shall be
obliged to comply with certain rules to be mentioned, and if the interest is fixed only
presented next. Contracts shall be prepared for a period of time, this shall precisely be
in writing, visibly and easy to read, with a mentioned.
font size of minimum 10, on paper or other In the credit contracts with a variable
durable support, in at least two copies, an interest, the variation of the interest rate
original being distributed to each party; the must be independent of the will of the
background color of the paper on which banking commercial company, related to
the contract is prepared must contrast with the fluctuations of certain checkable
the one of the used font. reference indexes, mentioned in the
The interests, as well as all commissions, contract, or to the legislative modifications
fees, tariffs, bank expenses or any other enforcing this. In this type of contract, the
costs related to the granting and interest can vary depending on the
development of the contract, i.e. services reference interest of the bank, on condition
regarding which the consumer does not that the interest is unique for all financial
have the freedom to choose, shall be products intended for the natural persons
mentioned in the contract, without aiming of the respective bank, and is not increased
at the general business conditions of the over a certain level, established by the
bank, list of tariffs and commissions or any contract. The formula, according to which
other document. the variation of the interest is calculated,
Mureşan, L. et al.: The Relation between the Romanian Commercial Banking Companies … 211
must expressly be indicated in the contract, the banking commercial company shall
while mentioning the periodicity and/or offer the consumer, free of charge, a
conditions under which the modification of document certifying the fact that all the
the interest rate occurs, i.e. it increases or obligations between the parties have been
decreases. solved. At the same time, the accounts
The law forbids the contractual clauses related to the main financial service
allowing the banking commercial company supplied shall also be closed, without
to unilaterally modify the contractual requiring the submission of another request
clauses without signing an addendum, by the consumer, and without the payment
accepted by the consumer. Any of additional costs.
notification related to the modification of The infringement of the previously
the content of the contractual clauses presented legal dispositions is sanctioned
regarding costs shall be sent to the with a contraventional fine from 5,000 to
consumers with at least 30 days before its 50,000 lei. It can be noticed that the value
coming into force. The consumer has 15 of the sanctions applied to the banks are
days from the date the notification is higher in case the legal provisions for the
received, to communicate his option to banking service consumer protection are
accept or refuse the new conditions. The infringed.
failure to receive an answer from the These new legal regulations of the
consumer within the mentioned deadline is Romanian banking activity are a reaction
not considered an implicit acceptance. of the state to the irresponsible and
For any modification of the credit cost unethical actions of the banks.
level, according to the contractual
conditions, the bank is obliged to notify the 4. Conclusions
consumer, depending on his written option, We have previously presented in detail
expressed in the contract, by means of one the situations which have legally been
or several methods: registered letter, e- regulated in the field of banking service
mail, sms, and shall put a new refund consumer protection because these have
schedule at his disposal. The banking been determined by the abusive
commercial company has the legal commercial activity of the banks. In other
obligation to take action in order to repair, words, each situation which has been
within maximum 15 days, the possible provided in the normative document, and
damages caused to the consumer by means shall be sanctioned in case of breach, has
of the failure to observe the obligations been based on at least one case of abusive
assumed according to the contract, and infringement of the ethical principles.
prove the measures taken in this respect. It is sad to notice that the banks have not
The credit contract shall necessarily been aware of the fact that, if they had
contain a stipulation according to which complied with certain ethical principles in
the consumer is informed on being their relation with the consumers, these
reported to the Credit Office, Banking Risk principles would not legally have been
Central Offices, and/or to other existing
sanctioned, i.e. they would not have been
institutions, in case the consumer is late in
paying his due installments, if there is such protected by the state. Ultimately, the
a reporting obligation. significant sanctions to which the banks
When the contract is terminated, expose themselves at present if they
including by completion, cancelation or continue to perform an unethical
unilateral denunciation from the consumer, commercial activity are a consequence of
the flagrant and repeated infringement of 3. Mureşan, L., Gheorghe, C. A., Poţincu,
the ethics principles in the field of the C.: Elements of business law. Braşov
consumer protection so far. Transilvania University publishing
house, 2007, p. 98.
Other information may be obtained from 4. Racolţa-Paina N. D., Mateescu V. M.:
the address: laura.muresan@unitbv.ro Internal social responsibility and lohn
production. Case study: a small
References foreign capital enterprise, operating in
the confections industry. in
Management & Marketing No. 3/2006,
1. Cărpenaru S. D.: Romanian
Economic publishing house,
commercial law. Sixth edition, revised
Bucharest. pp. 99-100.
and completed. Universul Juridic
5. Emergency Ordinance no. 174 of
publishing house, Bucharest. 2007,
19.11.2008 for the modification and
pp. 317-371.
completion of normative documents
2. Gheorghe, C. A.: Bank law. C.H. Beck
related to the consumer protection,
publishing house, Bucharest. 2006,
published in the Official Gazette
pp. 3, 7, 17, 61-62.
no. 795 of 27.11.2008.
“EQUAL WORK REQUIRE EQUAL

SALARY” – PART OF THE PRINCIPLE
OF EQUALITY TREATMENT
BETWEEN MEN AND WOMEN
C.-C. SPIRIDON 1 O. ŞARAMET 2
Abstract: Enlarging the provisions of Universal Declaration of Human

Rights, The Convention no.111 from 1958 regarding discrimination in the
field of employing manpower and practicing profession, , has pointed out the
effect of discrimination: to suppress or to prejudice the equal opportunities
or treatment in the field of employing manpower and practicing profession.
Key words: equal opportunities or treatment, employing manpower,

practicing profession.
The European Union promotes among upon the means for the increase of the
the member States the human fundamental participation within society of the groups
rights and liberties; the non-discrimination which are victims of the discrimination and
and the opportunity of equality being a of the men’s and women’s equal
main field of action upon which this, participation, this being one of the objects
through its own structures, has of this target; recognition – which implies
concentrated its activity especially as, the facilitation and the celebration of the
according to the Regulation 1083/2006 of diversity and of the equality; respect –
the European Union Council, the equality which focuses upon promoting a society
of opportunity is deemed one of the based on a greater cohesion.
intervention principles of the Structural Under the perspective of the community
Funds. A proof of this statement is the documents, which constitute a legal basis
declaration by the European Parliament for protecting and for guaranteeing this
and by the European Union Council of the principle, there have to be reminded not
year 2007 as the „European Year of the only those on the level of the European
Equality in Opportunity for Everyone”, Union, but also those of the Council of
there being pursued four targets through Europe, its constitution previous to the one
the actions and through the programs of the first European Communities
developed within this frame: rights – the entitling us to give priority even to the
accent being laid on the rise of the degree latter.
of awareness upon the right to equality and This way, art.14 of the European
to non-discrimination, as well as upon the Convention on Human Rights imposed on
issue of the multiple discrimination; the States the observance, among other
representation – stimulation of the debates requirements, even of the one according to
1
Dept. of Law, Petre Andrei University of Iaşi.
2
Dept. of Public Law, Transilvania University of Braşov.
whom the exercise of the recognised rights work in the unit of time should be the same
and liberties has to be ensured with no for the same activity”. Currently, the
discrimination especially based on sex, Treaty of Lisbon of the 13th of December
race, colour, language, religion, public 2007 for the modification of the Treaty
opinions or any other opinions, national or with respect to the European Union and of
social origin, appurtenance to a national the Treaty for instituting the European
minority, wealth, birth or any other Community, in full process of ratification
situation, the Protocol 12 of the by the signing States, however already
Convention stipulating in the same ratified by Romania through the Law no.
direction and forbidding in a general 13/2008, published in the Official Monitor
direction, the discrimination. Such a of Romania no .107/2008, has reminded,
requirement will be imposed even if through art.2 paragraph. (3) thesis II, the
through the European Convention of the fact that the European Union promotes,
Human Rights, there is made reference among other things such as the social
only to the civil and political rights, the protection, the solidarity among
former having to be regulated through generations, the protection of the child’s
other documents – conventions, among rights, also the equality between man and
whom the most important are the European women. More than that, through its own
Social Charta of 1961, together with its jurisprudence, the European Court of
additional Protocol of 1988, the European Justice admitted the right to this equal
Code of Social Security from 1972 and the treatment as a fundamental right in the
European Convention with respect to the community law, so that this principle
migrating worker’s judicial status of 1977. should be developed through a series of
On the level of the European Union, directives elaborated by the European
Title III of the third part in the Treaty with Union or by the communities that have
respect to the constitution of the European preceded it. The fact should be pointed out
Economic Community – Treaty CEE -, that these documents cannot produce
respectively art. 117-128, bearing the name judicial effects but between the signing
„Social Policy”, contained, except States, States that confine themselves,
dispositions relative to the closeness of the under the geographical aspect, to the space
legislation and to the European Social of the European continent, are based on the
Fund, some others with respect to the sex provisions of the Universal Declaration of
equality, an equality that has to be Human Rights and, implicitly, on all the
considered likewise under the aspect of the standards of the International Labour
treatment equality – „equal in work, equal Organization (O.I.M.) which „express the
in wages”. Considered a genuine standard- reflection of the will of the Member States
frame in the field, this disposition to ensure, through international regulation,
stipulates that through payment there is a fundamental right of the human being:
understood „the minimum or regular the right to labour and social security, as
wages, either in cash, or in assets, that the well as the rights connected to this one”. In
worker receives, directly or indirectly, for fact, the Convention nr.111 of 1958 with
his work, from his employer and equal respect to the discrimination in the field of
payment without discrimination based on employment of the workforce and of the
sex implies that „that payment for the exercise of the profession has defined, in
same work in units of products should be art. 1 paragraph 1 lett. a), the
calculated on the basis of the same unit of discrimination as any differentiation,
measure, as well as that payment for the exclusion or preference based on race,
Spiridon, C.-C. et al.: “Equal Work Require Equal Salary”… 215
colour, sex, religion, political beliefs, of these dispositions has to reflect on the
national or social origin, which causes the level of each individual, but because the
suppression or prejudice the equality in right to work and social security is
opportunity or in treatment as regards the appreciated as a right of the second
occupation of the workforce and the generation, implying consequently actions
exercise of the profession. The sphere of of the State, as they cannot be carried out
application of the Convention reaches by the citizen on his own, there is needed
fields such as professional training, access „a helping hand from the State” for the
to employment of the workforce and the accomplishment of this right. The issue
exercise of various professions, as well as that emerges in this situation is the
the conditions for the employment of the different economic situation of the States,
workforce. During the year 1988, through more precisely their level of development,
the declaration O.I.M. with respect to the a reason for which the same Declaration
principles and the fundamental rights, the from 1988 of O.I.M. has imposed the
signing States enhanced the values which elaboration of annual reports with respect
are of a primordial importance for the to the progresses realized on the national
economic and social life of any society, level, in the approaches for the
among these ones, besides the liberty of implementation of these provisions. In our
association and effective recognition of the opinion, such a regulation should be
right to negotiate, besides the elimination transposed on the European level, too, not
of any form of forced or compulsory work only through the recording in documents,
and besides the effective abolition of the but also through projects with clear,
children’s work, there being found the precise and pertinent targets, which should
principle of eliminating the discrimination grasp all facets of this right without
in the subject of the employment and of the ignoring, in any way, the impossibility to
profession. Starting from the fact that the impose any discrimination.
human being’s fundamental rights, such as Starting from the facts mentioned above,
the right to work and social security, have but also taking into consideration that the
to be guaranteed, under all its aspects, for enhancement of the cultural, ethnic
all humans, with no discrimination, we diversity and of the differences in gender,
appreciate that these two documents of the age constitutes and has to constitute
International Labour Organization cover, premises for the development of society,
through these provisions, all facets of this we cannot but observe that all social
right, therefore including the one with relations are based on values such as
respect to the fact that for equal work, the tolerance and equality, however the
wages have to be equal. One of the equality in treatment that we consider
arguments for this statement is to be found refers not only to the aspect – „for equal
in the Declaration from 1988 of O.I.M. work, equal payment”. Consequently, in
with respect to the principles and to the the second part of this paper, we will
fundamental rights, which settles, with no formulate and develop, succinctly, the
doubt and without allowing any principles that contribute to outlining the
unfavourable interpretation of its own principle of the equality in treatment – „for
provisions, that the rights previously equal work, equal payment” – aspect of the
mentioned are universal and they are equality of the sexes.
applied to all populations and to all States, In compliance with the international and
independent of their level of economic European regulations from the domain that
development. Therefore, the applicability were mentioned in the first part of this
paper, without ignoring the consideration women’s protection, especially in cases of

of the cultural, ethnic diversity as well as pregnancy and maternity. “Equal payment
the gender and age differences that for equal value work” is an expression of
constitute and must constitute premises for the derived communitarian legislation
society’s development, it is obvious that all which merely develops, under the aspect of
social relations are based on values such as regulation, the principle of
tolerance and equality, without the nondiscrimination based on gender,
mentioned equality of treatment to be imposing on member states the
reduced only to the aspect – „for equal harmonization of the legislation
work, equal salary”. Thus, there shall also concerning the application of the principle
have to be specified the following of equal remuneration between men and
principles mentioning that that particular women. Therefore, right from the first
component of discrimination that was article, the principle of remuneration
taken into consideration is that concerning equality is defined, which implies for the
gender: same work or for a work for which an
• The principle of equality of treatment equal value is considered, the elimination
of men and women – Directive 76/207 of any gender based discrimination. As a
CEE This directive, which concerns the result, whenever a professional
equality of treatment of men and women classification system is used for the
regarding the access to employment, establishment of remunerations, this will
training and professional promotion and have to be based on common criteria both
working conditions has established the for men and women, which allows,
obligation of the member states to insert together with the fulfilment of other
into their national legislation the necessary conditions, that the protection granted to
dispositions to assure equality of treatment the internal doer, by the unions and
between men and women in what concerns patronages extended to equal value also
the access to jobs, training, professional works The Directive has imposed on the
promotion, as well as the working member states the following obligations: to
conditions, defining, in art. 2, this principle introduce in the national legislation the
as being the one that states that “there shall measures necessary to allow employees
be no discrimination directly of indirectly considered to have been affected by the
based on gender, through reference to the non-application of the principle mentioned,
material of familial status”. to sustain their own claims in a judiciary
However, the directive has also admitted, trial after a possible recourse to other
as an exception, certain derogations from competent authorities; to apply equality of
the principle of equality of treatment. normative documents, in regulations, in
Thus, there has been specified, in art. 2 collective conventions, and in individual
paragraph 2, that for certain activities due labour agreements; to compulsorily correct
to their nature or to the environment in or declare as null the individual or
which they are being carried out, the collective agreements that do not comply
gender of the employee may constitute a with the equal remuneration principle; to
determinant factor, and paragraph 3 of the take the measures necessary to protect
same article imposed, introducing thus into employees against any dismissal that
the communitarian legislation the concepts would constitute a reaction of the employer
of “indirect discrimination” and „positive in a complaint submitted at the level of the
action” in favour of the people, the company or in a court action, as a result of
assumption of dispositions concerning
Spiridon, C.-C. et al.: “Equal Work Require Equal Salary”… 217
infringement of the equal remuneration jurisprudence of the European Court of

principle. Law which through its decisions stated that
Romanian legislation admitted this art.119 from the CEE Treaty is directly
fundamental principle of equality of applicable, including what concerns the
treatment, first, by art.5 of the Labour private, collective or individual
Code, with the subsequent modifications conventions (Garland case no.12/81), but
and additions, that foresees as fundamental the equality of the salaries is not subject to
the principle of right to work and the the existence of any professional
principle of equality of treatment for all classification being enough if the work
employees and employers. Other two carried out is of equal value (case
normative documents, Government Commission c. United Kingdom no.61/81),
Ordinance no. 137/2000 concerning the and the equality of salaries must not be
prevention and the sanctioning of all forms interpreted just as an equality between the
of discrimination, approved with the employees who simultaneously work with
modifications and additions of Law the same company but equality between
no.48/2002, ordinance that was published the workers who successively occupy the
in the Official Monitor, Part I, same function (Wendy Smith case
no.137/2008, in which there are defined no.129/79), etc.
the notions of discrimination, harassment In conclusion, we can state that both the
and victimization, its provisions being communitarian legislation or that of the
applicable to all natural or juridical European Council, and the internal
persons, public or private, as well as to legislation must warrant individuals – both
public institutions with attributions in what women and men – equal rights to
concerns the occupational conditions in the participate in the economic and social life,
work place, recruiting criteria and to prepare and train in a certain profession,
conditions, selection and promotion, access to get employed and promoted and to
to all forms and levels of professional participate in the distribution of the
orientation, training and improvement. The benefits, to enjoy social protection in
second normative document worthy to be certain situations, a reason for which it was
reminded is Law no.202/2002 concerning necessary in the professional segregation
the equality of opportunity between of women, a phenomenon which persists
women and men, republished in the and is highlighted through the existence of
Official Monitor, Part I, no. 150/2007, that gender differentiated occupation models,
targets the harmonization of the internal determining salary differentiation, to be
legislation with the communitarian norms eliminated.
concerning the promotion of equality of
opportunity between men and women. But, References
being prior to the above mentioned
regulations, the constitutional provision of 1. Constantinescu, M., Iorgovan, A.,
art.16 of The Romanian constitution, Muraru, I., Tănăsescu, S.E.:
republished must not be omitted, as it Constituţia României revizuită –
consecrates as constitutional value the comentarii şi explicaţii. Editura All
principle of equality of women and men. Beck, Bucureşti. 2003.
We would like to mention moreover that 2. Deleanu, I.: Instituţii şi proceduri
the principle of equality of treatment under constituţionale – în dreptul comparat
its most visible aspect – equal work for şi în dreptul român. Tratat. Editura
equal payment – has been the object of the Servo-Sat, Arad. 2003.
3. Voiculescu, N.: Drept comunitar al Opportunity between Women and Men

muncii. Editura Rosetti, Bucureşti. for the Period 2006 – 2009.
2005. 5. Plan for Regional Development 2007 –
4. National Strategy of the Romanian 2013 Western Region.
Government for the Equality in
TOWARDS A RIGHT TO THE

ENVIRONMENT IN EUROPE: NOISE
AND JURISPRUDENCE OF THE
EUROPEAN COURT OF HUMAN RIGHTS
Jesús VERDÚ BAEZA 1
Abstract: The purpose of this paper is to point out that there is not a clear
and direct right to enjoy an environment of quality in the European
Convention of Human Rights. Nevertheless, the jurisprudence of the Court
has played an important role in creating a specific category of a fundamental
right to the environment. An interesting interpretation of the European
Convention of Human Rights has been done in the judgements quoted in this
article expanding the limits of the Convention through a wide interpretation
of the “traditional” human rights.
Key words: Noise – Noise Pollution - Human Rights – European Court of

Human Rights.
1. Introduction they are no more than programmatic

If in recent decades, during the rapid statements, commonly heard when talking
creation of international environmental about protecting the environment, but not
law, a general principle has been gradually providing subjective rights to those people
devised that establishes a general duty of that are potentially affected by specific
the Member States to protect the interferences to the environment in which
environment, quoted in certain regional they live to such an extent that they invoke
legal instruments [1] and clearly declared that right before administrative and legal
in article 192 of the United Nations bodies that may be able to provide help.
Convention on the Law of the Sea [2], It is also true that the so-called latest
what is certain is that we are still very far Declarations of Rights, as well as
from being able to conclusively confirm including traditional fundamental rights,
the existence of appropriate measures that also include new rights that open up
protect man’s right to the conservation of interesting points of view and
the environment in order that we may developments. In this sense, with regards
enjoy a high quality of life. to Europe we must give special mention to
In international instruments of certain the Charter of the Fundamental Rights of
importance, such as the Stockholm the European Union [4] or Charter of Nice
Declaration of 1972 [3], we are able to find [5], which is generally positive as regards
references stating that “man has the the political and dogmatic contribution to
fundamental right to adequate conditions the creation and development of
of life in an environment of quality”, but fundamental rights, but uncertain as to its
1
Associate Professor of Public International Law and International Relations at the University of Cadiz.
legal efficiency, and whose future is efficient or top priority in the majority of
closely tied to the Lisbon Treaty. Article European States.
37 of this instrument includes the In this respect, we would like to
protection of the environment [6], but highlight the very interesting
doubts concerning the Charter coming into jurisprudential line of the European Court
force and its true impact on EU law make of Human Rights, which considers noise
it necessary to stay cautious. interference in a private home to be a
This study aims to discuss the violation of a fundamental right.
importance of jurisprudence in European Consequently, in the ruling of the case
courts in the design of a specific category known as Moreno Gómez v. Spain [9], the
of fundamental right to the environment, Court considered there to have been a
through the wide interpretation of existing violation of article 8 of the European
texts, which has taken shape around the Convention on Human Rights [10], as a
problem of noise. Despite certain result of the respondent State not having
developments in the European Court of provided the appropriate support to the
Justice [7], it is in the European Court of appellant in order to protect her home
Human Rights where a development really against the noise emissions that prevented
worth mentioning has been reached. With her from enjoying her right to peace [11].
respect to noise pollution, a specific This interesting interpretation of the
category of fundamental right has been European Convention on Human Rights,
being created that, although technically relating to the protection of respect for
linked to the right to inviolability of the private life and the home that is the
home, could emerge as the basis for a indirect protection of rights that are not
specific right: the right to the environment. specifically recognised in the Convention,
expanding the protection of the right to the
2. Noise, the European Convention on environment [12], is not new. It began with
Human Rights and the European a judgments, also against Spain, in the case
Court of Human Rights López Ostra v. Spain [13]. All things
Traditionally, the protection of citizens considered, the Court establishes that the
against noise pollution has not been a violations of the right to respect for the
subject of great priority for the home are not only those of a material or
administrations, when to our understanding physical nature, such as the entry of an
it is an element of great importance for unauthorised person into the home, but
people’s quality of life and health. In its they are also attacks that are neither
fight against noise pollution, the European material nor physical, such as noises,
Union has established a common approach emissions, smells and other interferences.
aimed at preventing or reducing the If the attacks are serious they can deprive
damaging effects of being exposed to someone of their right to respect for the
environmental noise. The key regulation is home, because they are prevented from
the Directive 2002/49/CE of the European enjoying being there.
Parliament and of the Council of 25 June The Court had already had the
2002, relating to the assessment and opportunity to make a declaration with
management of environmental noise [8]. respect to the specific subject that we are
However, administrative proceedings dealing with: noise pollution and the
aimed at preventing the effects of noise problems affecting those living in the
pollution have not traditionally been very proximity of an airport, in a case against
the United Kingdom [14]. The case is
Verdú Baeza, J.: Towards a Right to the Environment in Europe: Noise and Jurisprudence… 221
Powell and Rayner v. United Kingdom, 3. The European Court of Human

which was a ground breaking resolution Rights’ Ruling of the Hatton Case
concerning noise pollution for neighbours The ruling of the Hatton and others v.
produced by air traffic [15]. The ruling of the United Kingdom [18] case on the 2nd
the 21st February 1990 recognised that a October 2001 is of particular interest for
serious noise interference in a home the subject matter of this study, as the
produced by aeroplanes could eventually applicants argued the violation of the right
imply the violation of the right recognised concerning respect for private family life
in article 8 of the Convention, taking as a that is set out in article 8 of the
Convention, in relation to the noise caused
starting point the fact that “the quality of
by air traffic in a British airport [19].
the applicants’ and the scope for enjoying
One of the main reasonings of the Court
the amenities of his home have been
is to remember the positive duties that the
adversely affected by the noise generated States party to the Convention have to
by aircraft using Heathrow airport” adopt in order to ensure the effective
(paragraph 40). However, in this case and enjoyment of the rights recognised in the
following the idea of the margin of Convention and its Additional Protocols.
interpretation of the States, sign of the Therefore, even though neither Heathrow
tendency towards judicial self-control [16], airport nor the aircraft operating there are
the United Kingdom was not found guilty, controlled by the British government (ie.
as it was considered that it was necessary there is no direct interference on the part of
to safeguard the balance between the the public administrations), they must
legitimate interests of the individual and ensure the effective compliance with the
those of the community as a whole, and Convention.
that in the assessment of both interests “the However, the main reasoning of the
State enjoys a certain margin of Tribunal, and one that is of particular
appreciation in determining the steps to be interest to this ruling, is that relating to the
taken to ensure compliance with the principle of proportionality. Interestingly,
Convention” (paragraph 41 of the ruling). the Court does not specifically invoke this
The sentence concludes that “in forming a principle, despite referring to the two
elements that are implicit in it: on the one
judgement as to the proper scope of noise
hand, the duty of respecting a fair balance
abatement measures for aircraft arriving
between the interests in play (paragraphs
at and departing from Heathrow airport,
96 and 97), and on the other hand, the duty
the British government cannot arguably be of the States, as regards interference in the
said to have exceeded the margin of exercising of the rights recognised in the
appreciation afforded to them or upset the Convention, of not subjecting individuals
fair balance required to be struck under to an unnecessary danger, understanding
Article 8” (paragraph 45). this to mean not choosing less costly paths
In this way, the European Court of from the point of view of human rights, for
Human Rights has been qualifying its the securing of the legitimate ends being
position and establishing a framework of pursued with this interference (paragraph
indirect protection of the right to the 97). In short, the Court is going to
environment (not specifically recognised in recognise a small margin of interpretation
the Convention passed in 1950) in its for the authorities of the State being
jurisprudence [17]. accused, such that the State must clearly
and convincingly justify the need for
interference and the impossibility of using Chamber also considers it reasonable to

other measures. imagine that night flights contribute
In the sentence, the Court reached the significantly to the development of the
conclusion that the importance of the national economy. Given that the
economic contribution of night flights for applicants had not reliably proved, with the
the national economy had not been ruling underway, that the night-time noises
assessed critically, and only one limited had caused their homes to drop in value,
investigation had been carried out into the and since they could easily have moved
nature of sleep disturbance, and that, in house, as well as due to the fact that the
short, it was inacceptable that the modest British administration had carried out a
steps taken to improve the problem of series of investigations and studies, the
night-time noise were capable of Grand Chamber believes that in search of a
constituting the necessary measures to fair balance, the margin of interpretation
protect applicants’ position and rights. has not been exceeded. Finally, with
Furthermore, the Court concluded that the twelve votes against five, it considers that
government had not found the correct there was no violation of article 8 of the
balance between the economic well-being Convention [21].
of the country and the effective enjoyment
of the applicants’ right to respect for their 4. Final Thoughts
home and private lives. Consequently, the In any case, these judicial decisions
Court considered that a violation of article have, in our opinion, the value of shaping a
8 of the Convention existed and concept that up until now has been rather
condemned the United Kingdom. vague, but which is being made
However, the British government acceptable: the citizens’ right to an
appealed the judgment, and so the case environment as a fundamental right. It is
passed to the Grand Chamber of the true that such a right does not appear as
European Court of Human Rights [20]. such in the main Conventions and
The Grand Chamber, in the judgment on international instruments [22] that relate to
the 8th July 2003, considered the appeal the protection and safeguarding of
and largely revoked the first ruling, fundamental rights and public liberties,
deeming, amongst other matters, that there although in certain instruments a
had been no violation of article 8 of the relationship does clearly exist between
Convention (although it did maintain the human rights and the protection of the
United Kingdom’s sentence due to environment, such as the African charter
violation of article 13, the right to an on human and peoples’ rights in 1981, the
effective remedy; a procedural aspect that Additional protocol to the American
is not the focus of this study). convention on human rights passed in San
The Grand Chamber reasons that in Salvador in 1989, the Convention on the
previous rulings in which the protection of rights of the child, also in 1989, and the
the environment was an issue, the national Convention of the International Work
administrations had infringed the Organisation relating to indigenous
regulations that came from their own laws. peoples established in independent
Nonetheless, as regards this lawsuit, the countries, in 1989 as well. In this respect, a
British government had acted in wider concept relating to the protection of
accordance with its legal guidelines by the environment as a fundamental right has
introducing in 1993 (in accordance with been gradually developed in sectorial and
the law) a quota system. The Grand regional instruments.
Without wishing to go into too much helped it become the object of complaints
depth, we must describe the adoption in made by individuals, who have received
Europe of an instrument of enormous the support of the European Court of
relevance due to the depth of its specific Human Rights through the rulings that
contributions to the rights of individuals, have been described.
known as the Aarhus Convention. This The social repercussion of such
convention was adopted on the 25th June judgments, along with their development
1998 by a ministerial conference that was through the individual legal systems of
taking place under the auspices of the Member States, will contribute to an ever-
Economic Commission for Europe [23], growing pressure for the development and
signed not only by a large number of consolidation of a fundamental right of the
European States, but also by the European human being to enjoy an environment with
Community. The Convention’s preamble a greater level of protection that guarantees
establishes the express recognition that a decent quality of life in balance with the
everybody has the right to live in an fragile ecosystems of our damaged planet.
environment that ensures their health and
well-being, and the duty (both individually References
and as a whole) to protect and improve the
environment for the sake of current and 1. KISS, A. CH., “Droit internacional de
future generations. It adds that in order to l’environnement”, Iuris-classeur de
make this right worthwhile and to fulfil Droit Internacional, Fascicule 146, 11,
this duty, the citizens must have access to 1994, pp. 51-136.
information, be authorised to participate in 2. JUSTE RUIZ, J., International
the taking of decisions and have access to Environmental Law, McGraw Hill,
justice in environmental matters. These Madrid, 1999, p. 69. Article 192 of the
three factors (participation, information United Nations Convention on the Law
and access to justice) help develop with of the Sea states: All States have the
great success within the European obligation to protect and preserve the
framework what is being called, in an marine environment.
ambiguous manner up until now, 3. Declaration of the United Nations
environmental democracy. Conference on the Human
In conclusion, despite the lack of a Environment, Stockholm, 16 June
specific definition for a fundamental right 1972. Doc. A/CONF 48/14.
to the environment that provides the 4. Published in the Official Journal nº C
individual with genuine rights, a 303, 14 December 2007.
jurisprudential line is developing in Europe 5. JIMENEZ QUESADA, L., “La Carta
that consolidates the individual’s genuine de los Derechos Fundamentales de la
right to a suitable environment, carrying Unión Europea: rango legal y
out an extensive interpretation of the contenidos sustantivos”, Cuadernos
existing legal instruments. Europeos de Deusto, 2009, 40,
In short, noise is one more element that pp. 63-83: FERNÁNDEZ TOMÁS,
contributes to the deterioration of quality A., “La Carta de Derechos
of life, but there is no doubt that its Fundamentales de la Unión Europea:
features (objectivity of its measurement, un nuevo hito en el camino de
ease of identifying its impact on a specific protección”, Gaceta Jurídica de la
area, existence of scientific studies on the Unión Europea y de la Competencia,
effect it has on people’s health etc.) have 2001, nº 214, pp. 15-30.
6. The article states: “A high level of the duty to avoid acts by virtue of
environmental protection and the which the subject and the purpose of
improvement of the quality of the the additional Protocol number 4 are
environment must be integrated into thwarted. The additional protocol
the policies of the Union and ensured number 4, relating to the abolition of
in accordance with the principle of the death penalty, was ratified on 14
sustainable development”. January 1985 (BOE 17 April 1985).
7. Edwards, V., “European Court of The additional protocol number 7 was
Justice: significant environmental signed on 22 November 1984, and has
cases 2007”, Journal of Environmental not yet been ratified. The important
Law, 2008, vol. 20, nº 1, pp. 137-150. Protocol number 11 that recognises the
8. DO L 189 of the 18 July 2002. individual ius standi, was published in
9. Judgement of the European Court of the Official Spanish Bulletin (BOE) on
Human Rights, Fourth Section, 26 June 1998. The consolidated text
application nº 4143/02, 16 November was published in the BOE on 6 May
2004. 1999.
10. Article 8 of the European Convention 12. CARRILLO SALCEDO, J. A., El
on Human Rights states: “1. Everyone Convenio Europeo de Derechos
has the right to respect for his private Humanos, Madrid, Tecnos, 2003. p.
and family life, his home and his 107.
correspondence. 2. There shall be no 13. Judgment of 9 December 1994, series
interference by a public authority with A, nº 303 – C, 51.
the exercise of this right except such as 14. By way of a precedent, the appeals
is in accordance with the law and is made by the British citizens Baggs and
necessary in a democratic country in Arrondelle, who were affected by the
the interests of national security, noise from the airports, also exist. The
public safety or the economic well- applicants reached a friendly
being of the country, for the prevention settlement with the United Kingdom,
of disorder and crime, for the after the Commission had accepted
protection of health or morals, or for their appeals. Case Arrondelle v.
the protection of the rights and United Kingdom, 7889/77. Decision 15
freedoms of others”. July 1980 and the Report of 13 May
11. Spain signed the Convention on 24 1983 (DR 26, p. 5). Case Baggs v.
November 1977 and ratified it on 4 United Kingdom, 9310/81, Decision 16
October 1979 (BOE nº 243, 10 October 1985 (DR 44, p. 13) and the
October 1979), when Protocols 3 and 5 Report of 8 July 1987.
were already in force. Spain signed 15. An appeal made by two neighbours
the additional Protocol on 23 February with properties near Heathrow airport,
1978 and ratified it on 27 November who regularly suffered from the noise
1990 (BOE 12 January 1991). Spain made by the aircrafts landing and
has also signed the additional protocol departing from the airport.
number 4 on 23 February 1978, but it 16. CARRILLO SALCEDO, J. A., El
has still not been ratified, meaning that Convenio Europeo de Derechos
it is not a party State in this protocol. Humanos, op. cit., p. 91.
However, according to article 18 of the 17. As well as the rulings and decisions
Vienna Convention on the Law of that are mentioned, the following cases
Treaties, on the 23 May 1969, it has are particularly interesting:
Vearncombe and Others v. Federal established, to a system of quotas, thus

Republic of Germany (noise), appeal nº considerably increasing the air traffic,
12816/87, Decision on 18/1/1989, DR such that the applicants (living near
nº 59, p. 186; X. v. France (noise and Heathrow airport) argued that they
other inconveniences), appeal nº found it difficult to sleep after four
13728, Decision on 17/5/1990; Zander o’clock in the morning, and impossible
v. Sweden (water pollution), appeal nº after 6 o’clock. The sound levels
14282/88, Decision on 14/10/1992; exceeded eighty decibels, whereas
Guerra and others v. Italy, ruling on according to the World Health
19/2/1998; Öneryildiz v. Turkey, ruling Organisation, it is advisable to not
on 18/6/2002. exceed a maximum of sixty decibels.
18. As regards the ruling in question, see: 20. The amended Protocol number 11 of
GARCIA SAN JOSE, D. “Ruido the Convention introduced a two stage
nocturno e insomnio: los derechos a la jurisdiction system, reinforcing the
vida privada y familiar y al respeto del features of independence of the
domicilio frente al interés general de European Court of Human Rights’
los vuelos durante la noche. protection mechanism “through a
Comentario a la STEDH de 2 de commitment solution consisting in
octubre de 2001, en el caso Hatton y maintaining the principle of the
otros contra el Reino Unido” in reexamination as a structural
Revista Española de Derecho component of the new mechanism,
Constitucional, Year 22, No. 64, Jan- allowing the cases of particular
Apr 2002, pp. 239 – 260; importance to be reexamined twice by
DOMENECH PASCUAL, G. “La means of two different formations of
obligación del Estado de proteger los the new Court, the Chambers and the
derechos humanos afectados por el Grand Chamber” (SANCHEZ
ruido de los aeropuertos. Comentario a LEGIDO, A.; La reforma del
la STEDH de 2 de octubre de 2001” in mecanismo de protección del
Revista de Derecho Urbanístico y Convenio Europeo de Derechos
Medio Ambiente, vol. 36, nº 192, 2002, Humanos, Colex, Madrid, 1995,
pp. 57 – 82; and on the subject in p. 285).
general, see MARTIN-RETORTILLO 21. The judges Costa, Ress, Türmen,
BAQUER, L. “El ruido de los grandes Zupancic and Sieiner cast an
aeropuertos en la jurisprudencia del individual vote of great interest, in
Tribunal Europeo de Derechos which they stated their disagreement
Humanos” in Derecho de Medio with the ruling and expressed their
Ambiente, Centre of Legal Studies of opinion that there had been a violation
the Justice Administration, nº 16, of article 8 of the Convention, based
1995, pp. 117 – 134. on a human right to the environment,
19. The causes of the matter lie in the not originally existing in the text of the
alteration in 1993 of the legal system Convention.
controlling night-time air traffic 22. The inclusion of the right to protection
movements (taking off and landing) of the environment in article 37 of the
that take place in airports in the United European Union’s Charter of
Kingdom. The system changed from Fundamental Rights or Charter of Nice
one in which a maximum number of implies a certain original nature,
night movements permitted was despite its very significant limitations,
which literally reads as follows: “In pp. 113 – 136. The article mentioned
accordance with the principle of can nowadays be found inserted in the
sustainable development, the policies text of the Treaty through which a
of the Union will comprise and ensure Constitution for Europe is established,
a high level of environmental with the number II-97.
protection and the improvement of the 23. See PILGRAU SOLER, A., (dir.),
quality of the environment”. For more Acceso a la información, participación
on this subject, see HERRERO DE LA pública y acceso a la justicia en
FUENTE, A.; “El derecho a la materia de medio ambiente, diez años
protección del medio ambiente y el del Convenio de Aarhus, Barcelona,
artículo 37 de la Carta de Derechos Atelier, 2008. PEÑALVER CABRÉ,
Fundamentales de la Unión Europea” A., “Nuevos instrumentos para la
in HERRERO DE LA FUENTE, A. aplicación de la legislación ambiental
(Ed.), La Carta de Derechos ante la inactividad administrativa: de
Fundamentales de la Unión Europea. las acciones ciudadanas al Convenio
Una perspectiva pluridisciplinar, de Aarhus”, Revista de
Cuadernos del Instituto Rei Afonso Administraciones Públicas, 2007,
Henriques de Cooperación nº 172, pp. 439-485.
Transfronteriza, nº 2, Zamora, 2003,
PHILOSOPHY AND
HISTORY
A PAGE FROM THE HISTORY OF

THE PRINCIPALITY OF TRANSYLVANIA
Mariana BORCOMAN 1
Abstract: The history of the Principality of Transylvania was marked by

great political unrest. The small region was coveted on one hand by the
Turks and on the other hand by the Hapsburgs. The internal policy led by the
princes of Ardeal contributed for Transylvania to keep pace with the evolved
Occident. Through the participation in the War of 30 years, the small
principality asserted itself as a power that should be taken into consideration
at the demarcation between Central and South-Eastern Europe.
Key words: principality, religious reform, autonomy, politico-diplomatic

arbitration.
1. Introduction Hungarian nobility and the policy of the

The historical period of Transylvania, princes from Ardeal was quite permissive
comprised between 1540-1699, is known in this respect. The nobility that had taken
under the name of Principality. This is the shelter there had stated for all that period
period when the expansion of the Ottoman that in Transylvania there was being
Empire in the central part of Europe remade part of the lost kingdom of
reaches a maximum level. The Turkish Hungary. The policy of the princes from
army led by the sultan Soliman the First Ardeal within the external framework led
conquered Serbia and great part of to the positioning of the small Principality
Hungary, following the victory from Buda among the great European powers of the
1540. The Turks’ initial intention was to time and to the participation in the War of
further advance towards the centre of 30 years. These actions were also
Europe, however they came across the accompanied by a powerful cultural
Hapsburg Empire. This way, in the middle effervescence manifested through the
of the 16th century, great part of Hungary dissemination of the Reform in
had been transformed into pashalik Transylvania, through the development of
(province of the Ottoman Empire) and education and of the printing houses.
Transylvania, through the policy of its
princes, had managed to maintain its 2. Principality of Transylvania between
autonomy. Its status was as autonomous Autonomy and the Intervention of the
Principality under Ottoman suzerainty and House of Hapsburg
it paid tribute to the Porte. This situation, 2.1. Policy Led by the Emperors of the
was however, much more advantageous House of Austria
than the one of Hungary. Under this The Hapsburg Empire represented a
situation, Transylvania will turn into a danger for the independent Principality,
place of refuge for great part of the reformed and reorganized from the
1
Dept. of Communication and Social Work, Transilvania University of Braşov.
interior. That one carried on negotiations (1575-1612), who would reign in parallel
with the Ottoman Empire with respect to with his brother Mathias. Rudolf was a
Transylvania and Hungary. The result of great lover of the arts, of the beauty by
the Austrian reforms was their offensive in excellence. He fully developed this taste
the 17th century against the Turks. by edifying another capital at Prague. That
This way Maximilian the First, regent time was a very tense period between the
at 1486 and emperor between 1508-1519 Catholics and the Protestants, and the army
aimed first of all at solving the financial had to face the frequent wars with the
situation. That one was to be subordinated Turks. Finally, Rudolf made a compromise
to the Hofkamer. His entire policy was and elaborated in 1619 a decree with
based on a strong centralization and on a respect to the Protestants’ liberty within
strong control of the provinces. In the the empire.
middle of the 16th century, there were felt 2.2. The War of 30 Years and its
within the Empire, as well as in the Consequences for the House of
majority of the European countries, the Hapsburg
effects of the Reform. Rough measures In the framework of that European
against the Protestants were taken by conflict there were involved two branches
Ferdinand the First (1531-1564). During of the House of Hapsburg: the one from
his entire reign, he had to face the reaction Vienna and the one from Madrid. At the
of the protestant noblemen, powerful and leadership of the Spanish universal
numerous in Superior Austria and monarchy there was Carol and at Vienna
Steiermark. He even attempted at there were successively Ferdinand the 2nd
achieving conciliation with the Protestants and Ferdinand the 3rd. Mathias’ main
in the framework of the Council of the policy was to drastically control the
Protestants from Trient, however with no provinces and to enforce the Catholicism.
result. Ferdinand’s death made the empire That last direction was one with small
to be theoretically divided among his three momentarily concessions, such as the
sons: Maximilian- who would control the Majesty Letter from 1619, through whose
Austrian lands of the Danube, Bohemia intermediary there were given some
and Hungary; Ferdinand- Tirol and Carol- political liberties to the Reformed Czechs.
the areas within Austria. However, their rights were not observed
Also supported by influent people from and that automatically determined the
the Court, the elder son Maximilian the outburst of a conflict.
Second would become emperor between The episode is known in history as the
1564-1576. Defenestration from Prague, in which 2
His main energy was channelled towards members of the Council of Regency were
the efforts of fighting against the Turks thrown out of the palace, in fact a reaction
(that was the moment of the Turks’ great of the Czech noblemen against
offensive under the leadership of Soliman Catholicism and absolutism.
the Magnificent) and towards the attempt The Czech period (1618-1620)
at controlling Transylvania. A second side confronted two camps: Czechoslovakia
of his activity was the fight against the which had on its side the German
Protestants (he led rough actions, he protestant princes (on whose side Gabriel
imprisoned the supporters and confiscated Bethlen- the prince of Transylvania
their wealth). entered into conflict, in the hope he would
His reign suddenly stopped and there conquer again the throne of Hungary) and
came to the throne Rudolf the 2nd Austria- Spain. On the throne of Austria,
Borcoman, M.: A Page From the History of the Principality of Transylvania 231
there came in Aug. 1619 Ferdinand the 3rd, The emperor apparently controlled the
younger and more determined to do so that German spaces.
the balance would turn on the Catholics’ The French period (1635-1642).
side. Between the 2 camps, there began Ferdinand the 3rd moved to determined
negotiations, the emperor also personally actions against France. That was the period
treated with Gabriel Bethlen and Vienna when Transylvania, under the leadership of
gained therefore time to defeat the Czechs G. Rakozi the 1st, entered into war beside
at the White Mountain on the 8th of the French camp (however military actions
November 1620, a decisive victory, which were not led, because the prince of
again transformed Bohemia and Moravia Transylvania had to correct his attitude in
in provinces of the empire. Here, Vienna accordance with the Porte he depended
would lead again a policy of forced on). Following several victories of
catholicization. Sweden, Austria was compelled to ask for
The second stage of the war was the peace.
Danish period (1625-1629), which The peace was clinched at Westphalia,
presented a much greater proportion of in fact the treaties were clinched in two
forces than at the beginning of the war. localities: at Osnabrück and Münster.
Against the Hapsburgs’ interests, there That peace greatly meant the
gathered the great forces: England, the reorganization of the system of forces in
United Provinces, Denmark and Sweden. Europe. Among the losers, there also was
The allies’ stake was not to allow the the Hapsburg Empire, which had to cede
Hapsburgs to reach the Baltic Sea and certain territories to France, respectively:
prejudice the interests of Hansa. The most the episcopates Metz, Toul and Verdun,
active power was Sweden. Ferdinand beside Alsace. The emperor’s authority
entrusted the leadership of the empire power from the past was now diminished
armies to Albert of Wallenstein- military by the obligation to consult the German
with high ambitions and able politician (he princes and the Diet. The Court from
introduced the policy of the maintenance Vienna began being interested in the
of the armies by the territories in which territories from the Danube and
they were cantoned, very profitable for the respectively in Transylvania. It enforced its
Austrians). Following the general’s several possessions however outside Europe.
defeats on the sea and on the land,
Ferdinand could again harm the Protestants 3. The Fights for the Throne in
and issued an edict through whose Transylvania during the 16-17th
intermediary all their assets should be Centuries
confiscated. That would function only 3.1. The Principality of Transylvania
temporarily, as Vienna had to change its after Ioan Zapolya’s Death
position in this respect in order not to lose Ioan Zapolya, after a few military
its main allies-the German princes. actions, was recognized in 1526 as prince
The Swedish period (1631-1635) of Transylvania and as king of Hungary.
created many difficulties for Vienna, The Principality would pay tribute to the
through the intervention of the king of Porte for the freedom of organization and
Sweden, Gustav Adolph, and of France, in leadership. Zapolya led a policy in favour
Germany. Ferdinand appealed again to of the young Principality, achieving a
Wallenstein and, following small victories, diplomatic balance between the Turks and
the peace from Prague was clinched 1635. the Hapsburgs. This way, in 1538 he
clinched with the king Ferdinand the 2nd a
treaty at Oradea through whose of the noble factions from Transylvania

intermediary Transylvania, after Zapolya’s (Jan Zamoyski, Polish, believed in the
death, would revert to Austria. That would continuation of Stephen Bathory’s and
not be applied and, in 1570, Zapolya’s son, Istvan Csaky’s plans). Sigismund adhered
Ioan Sigismund would come to the to the Christian League, joining the
throne, helped by his mother, Isabela. Principality to other anti-Ottoman powers.
During that period, the young prince Very irresolute, he left the throne for the
clinched in his turn at Speyer- 16th of second time and as a result it was taken by
August 1570 a treaty with Maximilian the Andrei Bathory: authoritative
2nd, through whose intermediary there representative of the catholic camp, with a
would be acknowledged his title of prince direct attitude, hostile to Michael the
of Transylvania and of Partium and the Brave. As regards Sigismund Bathory’s
one of „Rex Hungarie’’. In exchange, after reigns, we have several documents which
his death, Transylvania had to revert to the enhance the anti-Ottoman policy he led,
Hapsburgs. His reign was not at all a calm beside the emperor Rudolf the 2nd of
period – the Hapsburg troops led by the Austria. (A.V. Hof. F. 95| 1 doc. 21, f. 203
general Castaldo alighted in Transylvania r° - v° of the 28th of Oct. 1598 and r. Nr. 1,
(1551-1556) a period which stood in fact F. 1540-1614, f. 554 of the 5th of Dec.
for Austrian military occupation) and 1603). Likewise of a special linguistic
likewise those of Martinuzzi- who led the beauty, there is the treaty between
troops of the noblemen from Ardeal, to Sigismund’s widow, Maria Cristina and
whom there also added the Turks. During Andrei Bathory, from 1599, through whose
the greatest part of his reign, Sigismund intermediary there was ratified an annual
collaborated with the ranks in tax destined to maintaining her assets from
Transylvania. Transylvania, representing 15.000 thalers
The last three decades of the 16th century (A.V. Hof. F. 95| 2, doc. 10, f. 256).
meant the coming to the throne of Michael the Brave’s actions in
Transylvania of the Bathory family. The Transylvania, from the fall of 1599-1600
first among them, Ştefan Bathory (1571- determined that, for a little time, the
1583), created the Polish-Transylvanian Romanians’ hopes to participate in the
union, and had a period of peace. He political life should be revived. However,
would make oath of faith to the emperor of Transylvania turned into scene of
Austria and he would also occupy the operations and the troops of the general
throne of Poland. He saw Transylvania „in Basta would stay there for a long time.
the Polish-Russian-Swedish alliance in There were there at least two powerful
conflict for the Baltic sea and wanted the factions – the one around Moise Szekely
constitution of an empire from the Baltic and the one of Bocskai.
sea to the Black Sea’’[1]. From that Moise Szekely „had as important
position he let the leadership of objective the control of Transylvania,
Transylvania to his brother Cristoph. The however he did not dispose of the financial
most ambitious among the brothers was means, he made appeal to the High
Sigismund; adventurer and ambitious, he Porte’’[2]. And the armies of the general
many a time renounced the throne of Basta were still in Transylvania. In the
Transylvania, in 1597 and 1599. those archive from Vienna, there still is a
periods were marked by the intervention document, issued by the general Basta, in
either of the Austrian troops, or of the 1605, through whose intermediary he was
Turks. He likewise had on his side leaders named governor of Transylvania
(A.V. Hof. r. Nr. 1. 1540-1614, f. 891 r° there had been clinched the treaty with
and v°). The attitude of the privileged Ţara Românească of Radu Şerban.
ranks was different towards those ones – 3.3. Gabriel Bathory (1608-1613)
the Saxons and the Szecklers from During his few years of reign, he led an
Transylvania had other interests than those anti-Ottoman policy and he even clinched
from the counties. Moise Szekely was in the first anti-Ottoman treaty of
connection with Sigismund Zapolya and Transylvania during 1608, in parallel with
planned to create a powerful protestant Moldova and Ţara Românească. His reign
State in the Centre and East of Europe. intermittently unfolded: in 1611 he
With that period, there began in returned to the throne of Tansilvania after
Transylvania the reformed policy. having punished the Saxons from Braşov
3.2. The Moment Ştefan Bocksay who had betrayed him and he confronted
(1604-1606) himself with the allied armies of the
Exponent of the nobility in Hungary, imperials and the voivode from Muntenia
who hoped to keep his rights, he managed Radu Şerban. The confrontation eventually
to defeat the factions who supported led to Gabriel Bathory’s death.
Szekely and Gabriel Bathory. He was 3.4. Gabriel Bethlen’s death (1613-1629)
likewise acknowledged by the Porte. He Through his long reign for that epoch,
assembled a powerful army of Gabriel Bethlen inscribed himself within
mercenaries, in order to fight against the the reformed princes. Within, he developed
Turks, and in exchange of a substantial a dense administrative apparatus, but at the
sum, the Sultan acknowledged him in same time efficient. In the economic field,
1604, as prince. Because of that anti- he led a mercantilist policy, encouraging
Ottoman policy, Bocksai was also well the craftsmen and the tradesmen. He set up
an Academy at Alba Iulia in 1622, and,
seen at Vienna. The Saxons from the
following his initiative, there were
districts Braşov and Bistriţa and from the
published and printed books in German,
seats Sighişoara and Sebeş were against
Hungarian and Romanian. His prestige was
the Hapsburgs, and Sibiu was pro nevertheless outstanding for his external
Hapsburg. The Szecklers were constantly policy. Through his marriage with
part of the Romanian voivodes’ armies. At Ekaterina of Brandenburg, he drew closer
21 XI 1606, before his death, Bocksay to the Protestants of whose camp he would
signed against the Turks a treaty with be part until the end of his reign. He had
Maximilian the 2nd, through whose very high ambitions, he wanted to remake
intermediary there was recognized, for him the kingdom of the great Dacia under his
and for his heirs, the title of King of crown and in this respect he entered into
Hungary. The groups around the catholic connection with the orthodox patriarch of
bishop and the great magnates who sought Constantinople – Kiril Lukaris. His most
for various privileges were constantly important diplomatic action was driving
faithful members of Vienna. The general Transylvania into the war of 30 Years.
Basta was obliged to leave Transylvania Transylvania was part of the
under the conditions in which he had no Protestant camp, and in 1619 the troops
longer money so as to support his army. from Transylvania were defeated under
Vienna was weakened and therefore it the walls of Vienna. In order to
clinched a treaty with the Ottoman Empire consolidate his position, Gabriel Bethlen
in 1606 at Zsitvatorok. Likewise in 1605 clinched in March 1620 a treaty with the
Czechs. The imperials feared them more
therefore the emperor Ferdinand the the desire to place Transylvania among the
2nd clinched treaties with Transylvania, European powers, he continued the
endeavouring to put it off the game: the immixture in the War of 30 years.
one during Jan. 1620, through whom However, his actions from 1644, after he
there were promised to Bethlen the had clinched the previous year a treaty
counties from Partium and the one with Sweden, would be a failure, and the
during 1622 at Mikulov, through whose reaction of the Porte would be decisive.
intermediary Bethlen renounced the During that time, the administrative and
throne of Transylvania. Those ones fiscal policy was rough (A.V. Hof. r.Nr. 2,
would be renewed in 1623 and 1624. f. 245 are a series of fiscal registers for all
Until his death, he controlled Hungary the localities in the comitats, the assets of
several times. (the part pertaining to the the capital who pertained to the diocese
imperials). His attributions were too Alba). Likewise, the Bishop of Strigoniu
great and in 1625 he clinched a treaty as G. Lippany complained on the 6th of June
defeated, in which there was however 1645 to the emperor of Vienna for the
settled that after his death, the throne of prejudices brought to Transylvania by the
Transylvania should revert to his wife wars fought by Rakozy the 1st (A.V. H. H.
Ekaterina of Brandenburg. St. A., F. 423 Konv A 1630-1647).
b. Rakozi the Second (1648-1657;1660)
3.5. Rakozi Dinasty (1630-1660) He continued his father’s policy, however
a. Rakozi The First (1630-1660) – policy of greater proportions: in 1649 he received
of the personal assets firman of reign from the sultan. He
Supported by a strong faction of known clinched alliance treaties with Ţara
magnates, he managed to reach to the Românească, respectively with Matei
leadership of Transylvania and he defeated Basarab and Constantin Şerban against
Ştefan Bethlen (Gabriel Bethlen’s son) at Vasile Lupu and the Cossacks. He
Salonta and in 1636 he received the attempted through his actions at
confirmation of the Porte for his reign. controlling the two voivodes: this way, in
Within, he led a policy of control of the 1653 he helped Gheorghe Ştefan to reach
taxation system, to the purpose of raising the throne of Moldavia (but he would be
funds for the military actions; he defeated at Popricani during the same year
confiscated the wealth of the political by the armies of Vasile Lupu, who
opponents and he brought again in the benefited from the Cossacks’ help). In
patrimony of the principality the monopoly view of assembling the anti-Ottoman
of the salt and of gold. His main quality common front and after Matei Basarab’s
manifested however on the level of the defeat, at the initiative of Rakozi the
political life, this way Rakozi the First was Second, there would be achieved in 1655
a mediator between Ţara Românească and the alliance between the leaders:
Moldovia, respectively between Vasile Constantin Şerban, Gheorghe Ştefan and
Lupu and Matei Basarab. He separately Rakozi the 2nd.
clinched with them treaties - in 1635 with His ambitions were however higher and
Matei Basarab and in 1638 with Vasile they were connected to the throne of
Lupu. His ambition went beyond and he Poland. Like his father, he treated with
wanted to occupy the throne of Poland and Sweden and he accepted its plan of
to place his son Sigismund on it. He dividing Poland. Those plans he would
clinched an alliance with the Cossacks relate in a testament from the 26th of
against Poland. Driven by ambition and by December 1666, addressed to his son
Francisc Rakozi and to his wife Sophia great powers. Many times, however,
Bathori, comprising much advice for the during those years, the conflicts unfolded
leadership of the country (A.V. H. H. St. on the territory of Ardeal. A fact which
A. F. 424 Konv. A 1648-1669). In the determined that some periods of famine
campaign of 1657 from Poland, the troops and pandemics should be felt during those
of Transylvania remained alone. The two centuries. The population from
special expenses for the army and his Transylvania was in its turn divided
extravagant plans brought him many according to the interests: the Saxons
enemies especially from among the supported the Hapsburgs (starting from
noblemen, who at the Diet of Gherla, in their German origin), the Szecklers
1657, chose and recognized as prince supported their own candidates to the
Francisc Rhedey. The Turks had likewise a throne of Transylvania (such was Moise
candidate and they intervened in Szekely’ case) and the Romanians, who
Transylvania, beside the Tartars and placed saw in Michael the Brave’s short presence
Acaţiu Barcksai on the throne of in Transylvania, a possibility for the
Transylvania. recognition of their rights. Unfortunately,
The principality turned into a scene of the plan of the voivode from Muntenia was
operations between the armies of Racozi dismantled by the numerous interests of
the Second, and those of the noblemen. the nobility from Transylvania, who
Racozi defeated the Turks at Lipova and appealed to the House of Hapsburg and by
would control the North-Western area of the intervention of general Basta’s troops
Transylvania, and within a year he would in Transylvania. The ambitions of the
conquer the rest of Transylvania, however princes from Ardeal were likewise a factor
he would be killed at Floreşti in June 1660 of political instability. Those in the family
during the confrontation with Acaţiu Bathory wanted to assemble a great
Barcsai’s armies. kingdom through the fusion with Poland
Between 1660-1661, Ioan Kemeny was and at last, Andrei Bathory gave up the
prince of Transylvania, who would be throne of the principality in favour of the
killed at Seleuşu Mare, after he would have Polish one. The princes from the Rakozi
been acknowledged by the Hungarian dynasty attracted Transylvania in a conflict
noblemen and by the German towns. which was meant to remove the
3.6. Apaffistians Mihai Apaffy the First Hapsburgs’ pretensions and pressures with
(1661- 1690) had to face the Hapsburgs’ respect to the principality. The first years
incursions and the imposition of of the events in the so-called conflict of 30
supporting the Hapsburg troops. He gave years placed Transylvania in a good
frequent „indications’’ such as the position, the second period was however a
instructions with measures against the military disaster, which also attracted a
armies led by Ştefan Bocskái at the 8th of difficult situation for Transylvania. The
March 1666 (A.V. H.HSt. A., F. 179, position of arbiter that the two princes had
doc. 3). undertaken asserted itself also through the
treaties that they separately clinched with
4. Conclusions the voivodes of Moldavia and Ţara
The space of Transylvania witnessed Româneasca. The ones in the Bathory
numerous convulsions during the period family were suspected of accumulating
1540-1699. Placed at the confluence of the outstanding wealth, a fact which attracted
two empires, the principality managed to the envy of the nobility from Ardeal.
maintain a certain position towards the
The history of the Principality of Transylvania became more aggressive,

Transylvania also knew periods of especially after the lessening of the Turks’
quietness and prosperity during Gabriel authority in these areas, and the Austrians’
Bethlen’s reign. Adept of the religious increasing presence on the territory of the
reform, the prince Bethlen encouraged the principality became a reality. That fact was
development of the new confession, which facilitated by the particularly conciliating
led to his very positive internal image policy of the princes in the family Apaffy.
among the reformed Saxons and the Therefore, towards the end of the 17th
Szecklers. He was not however seen the century, in 1699, through the peace from
same way at the Court of Vienna. During Karlowitz clinched between the Turks and
his reign, education of all degrees the Austrians, Transylvania would turn
developed. There were set primary schools into a province of the Hapsburg Empire
in the villages on the domains pertaining to until 1918.
nobility, on the land of the kings and on
the territory of the Szecklers. Those ones References
were supported through the partial expense a. Original external sources
of the State and that of the nobles on the 1. Archive Vienna
domains, of the community within the 2. Funds from Hofkammerarchiv
settlements or by the Reformat Church. (abbreviated in the article with A.V.
Under the prince’s guidance, there came Hof. Fund...)
into being the College from Alba Iulia, 3. Funds Haus, Hof und Stadtarchiv
with high school status, and the University (abbreviated in the article with A.V.
of Cluj benefited from numerous funds. H.H.St.A. Fund...).
There were likewise developed numerous b. General works
printing houses, among whom the greatest 4. Dralle, Lothar, D1st e Deutschen 1st n
was placed in Alba Iulia. From the letter Ostm1st ttel-und Osteuropa,
presses, under the beneficial influence of Darmstadt, 1996.
the reform, there appeared books in the 5. Kampf, Hellmut, Herrschaft und staat
languages of the nations within 1st m M1st ttelalter, Darmstadt, 1964.
Transylvania: Hungarian, German, and
Romanian. This was a period of cultural Notes
effervescence for Transylvania, with 1. I. Barta, I. Bend, D1st e Gesch1st chte
visible effects in time. Ungarns, Budapest, Corvin Publishing
The political status of Transylvania house, 1971, p. 161.
during the second half of the 17th century 2. A. Meinolf, Habsburg2 ş1st
turned deeply worse. The policy of the Transylvan1st a 1600-1605, Vienna,
House of Hapsburgs as regarded Bohlau Publishing house, 2001, p. 170.
Series VII: Series VII: Social Sciences and Law
OBSERVATIONS WITH RESPECT TO

THE FUTURE OF RELIGION PREFIGURED
BY R. RORTY AND G. VATTIMO
Daniela SOREA 1
Abstract: G. Vattimo and R. Rorty outline a faith without precepts and

without a metaphysical God, as future of religion, after the deconstruction of
Western ontology. The present paper signals the fact that the reductionist
vision of the religion of the times to come, as undertaking of the law of love
and of its charitable consequences risks to annul the religious character of
love. A faith that programmatically undertakes charity in the absence of a
metaphysic God is at most conviction. The rational-discursive approach
mines the logic of religious faith. The restoring dimension of hermeneutics is
more involved in the future of religion than its reductionist dimension.
Key words: deconstructivism, hermeneutics, religion, charity.
1. Introduction The dialogue occurs in the political life.

The shift of the philosophical interest in The future of religion is connected to the
the field of language and of its relation one of the church, with its structure,
with the being has affected the discipline and norms. Christianity is born
philosophers’ options of reference to by the church.
religion and religiosity. Richard Rorty and Heidegger presented his enunciations as
Gianni Vattimo agree in founding in answers to the situations in which he was
liberty and charity the future religious involved, the Italian philosopher shows.
attitude of humanity. The present paper Knowledge is always interpretation,
sets out to signal the argumentative frailty Heidegger shows, and interpretation is the
of this basis. only fact we may talk about. Any tentative
of surprising the authenticity of the
2. Hermeneutics, Postmodernism and interpretation unveils its historical
Religion at G. Vattimo character and even the thought that there
The history of metaphysics is comprised are no facts, only interpretations has to be
in the history of social institutions, G. related to a determined historical context.
Vattimo shows [5]. There is a history of Heidegger’s ideas naturally place
the being and there is a fracture of history: themselves in the epoch, resounding with
before and after Christ. Atheism is possible the end of euro-centrism, with the
in the history of revelation, salvation and psychoanalytical dethronement of the
dissolution of the being. In conscience and with the plurality of the
contemporaneity, the being must be sources of information, Vattimo deems.
constructed as event of the logos. The „Christianity introduces within the world
being is the result of the human dialogue. the principle of interiority, on whose basis
1
Sociology-Philosophy Department, Transilvania University of Braşov.
objective reality gradually loses its The decisive event, the fracture moment
determinant importance.” [5, p. 61], in the history of the being is not, as for
Vattimo shows. Hermeneutics is, from this Vattimo, Jesus’ birth, but the French
perspective, development and maturation revolution simultaneous to Romanticism.
of the Christian message. The The contemporaries’ duty is directed
presupposition of the objectivity of the towards the fellow citizens and civic
religion truth pushed religion in the responsibility may exist independently of
deadlock of assuming as true the the reason or of the religious belief.
scientifically disputable enunciations in the Hermeneutics is for the intellectual
Bible. The same presuppositions impede, world what democracy is in politics: a
Vattimo show, overcoming the inter- manner of taking over the Christian
confessional misunderstandings in message about love as the only law.
Christianity and of Christianity with other Vattimo, Rorty shows, uses his
great religions. The solution comes, of philosophical strength in order to support
course, from the renunciation of the the return to the religiousness from his
objectivity pretensions. The only truth youth. His theology, liberating religion
developed by the Scripture is „the truth of from truth and sin forgiveness, is
love, of caritas” [5, p. 66]. For Vattimo, addressed to the lukewarm in faith. The
postmodern nihilism, as dissolution of the embodiment is the sacrifice of the divine
concept of truth, is the truth of strength, of the divine authority and of the
Christianity. The ideas of Nietzsche, divine alterity. In embodiment, Gods cedes
Heidegger and Rorty are tributary to the everything to people. This way, at
biblical message founding the civilization Vattimo, secularization is the „constitutive
in which they are formulated. Due to feature of an authentic religious
Christianity, the contemporary Westerners experience” [5, p. 48] and Jesus
live the truth as experience and necessarily identifies Himself neither with
interpretation. truth, nor with strength, only with love.
Vattimo proposes the explicit Vattimo places himself this way at the
undertaking of the Christian historicity and intersection of the reasoning traditions
deems charity the only chance for the coming from Nietzsche and Heidegger, on
survival of the West. one hand. and respectively, W. James and
J. Dewey, on the other hand. In the point of
3. Hermeneutics, Secularization and intersection of the traditions, there is the
Law of Love at R. Rorty undertaking of the research upon the truth
To go out of the metaphysical logos as inter-subjective agreement. This
means to declare your incapacity, undertaking pushes religion beyond the
contenting yourself with charity, R. Rorty public and intellectual space. Rorty
shows [5]. The Christians’ shift towards considers secularization as achievement of
the illuminist ideals signal the passage the embodiment promise, as God’s Self-
from God adored with strength to God giving to people, this implying the
adored with love. The passage from the recognition of the private character of
metaphysical logos to the post- religion.
metaphysical reasoning and from strength „The differences between Vattimo and
to charity indicates at the same time the myself reduce to his capacity of perceiving
human’s inclination to stake on oneself the sacred in a past event and my manner
rather than on an infinite power beyond of having the feeling of the sacred as
oneself. something that might dwell only into an
Sorea, D.: Observations with Respect to the Future of Religion Prefigured by R. Rorty … 239
ideal future.” [5, p. 54] Rorty also shows. cognitive resources of the human being,
His feeling with reference to the sacred is the shift of the interest in modern
connected to the future placement of philosophy from the being to the human
society as a whole under the law of love. capacities of knowledge. Underlining its
„This mystery, as the one of embodiment, limits and conditionings, the philosophers
is about the coming into being of a sort of seeded agnosticism, relativism and
docile, patient love, capable of bearing skepticism. Their fruit is the post-modern
anything.” [5, p. 55]. unfitness for essential questions regarding
sense and the grounds of life. Zabala
4. The Future Prefigured to Religion by deems, on the contrary, that „the very loss
R. Rorty and G. Vattimo of the trust in truth and the achievement to
Both Rorty, representative of the a substantial equivalence of all positions is
American pragmatic post-empirism, and the greatest success obtained through the
Vattimo, representative of the European deconstruction of metaphysics.” [5, p. 24].
Latin postmodernism, deem that For Rorty and Vattimo secularization is
humankind is in the era of interpretation, history of the weakened reasoning.
era in which science, philosophy and Without being the abandonment of
religion interweave their competences, religion, secularization stands for
Santiago Zabala shows in the introductive paradoxical realization of its vocation.
study to these two papers upon the future Numerous philosophers, scientists and
of religion. [5]. For the philosophers of this theologians are non-religious or anti-
era, the deconstruction of metaphysics religious from inertia, as an answer to
prepares the undertaking of objectivity as dogmatic absolutism. The
linguistic consensus. The language post-metaphysical era reopens for them the
structures the experience. In the field of possibility of faith. Postmodern man has
interpretation, the language has historical learnt to live in a world he cannot rely on,
character. Rorty and Vattimo deem that a world that does not supply ultimate
hermeneutics impede the philosophical grounds for knowledge and ethics and that
research from assuming as object guarantees in no way or time happiness.
something that exists independently of the Secularization is, from this perspective,
researcher. Any theoretical position is liberation and occasion for bringing reason
tributary to its historical conditions. in the proximity of the commandment of
Philosophy opposes the authority`s love. Solidarity, charity and irony are
imposition of truth. The latter cannot be for practices associated to the liberating
the philosopher but the interpersonal undertaking of postmodern human
dialogue unfolding in shared language. condition.
Historicity replaces therefore eternity, the Hermeneutics may help religion to
philosopher undertaking this way a weak liberate from the metaphysical tasks alien
or weakened reasoning of the ontological. to itself, liberating reasoning from the
Consensus imposes historical truth, not the pretensions of objectivity and connecting
truth builds consensus. salvation to interpretation and edification.
Rorty and Vattimo are skeptical as According to Rorty and Vattimo, faith
regards the conditions of use of any evolves towards a sphere of the private,
concepts. In the encyclical Fides et ratio individualizing itself and gradually losing
from 1998, Pope John Paul the 2nd its appetence of the assumed appurtenance
indicated as the only source of the to a church. Overcoming the absolutism
contemporary mistrust in truth and in the and the superimposition of the truth and
authority opens the possibility of thing for humankind the charity as

approaching God fearlessly. The only truth generalized practice. Their conviction may
of Christianity is the call to love. be the result of the experiences registered
Postmodernism overcomes the requirement in humankind’s recent history. In order to
of the objective truth. For this reason, become religious, the valorization of
Christianity can no longer fulfill its charity has to be supported through
doctrinaire, moral and disciplinary anchorage in transcendent. It needs, in the
functions. Rorty and Vattimo outline a way in which Kant settled this, a
belief without precepts and without a guarantor. In his absence, it is an approach
metaphysical God as future of religion for the camouflage of the profane within
after the deconstruction of Western the sacred. This approach would occur
ontology. inversely to the camouflage of the sacred
within the profane that M. Eliade spoke of
5. Critical Observations [3]. A faith that programmatically
A first observation aims at the undertakes charity in the absence of a
inconsistency of a faith with no precepts metaphysical God is at most conviction.
and without God. Such a faith, imposing From this perspective, the religion of the
charity, may be easily deemed as grounds future as it is outlined in the writings of
for a beneficial human character. However Rorty and Vattimo is at most heresy, which
it is not necessarily religious. Religion places the human instead of God, similar to
constitutively needs the believer’s relation the manner in which communist regimes
with another ontological register. The did.
metaphysical tasks are not alien to religion; Another observation aims at the
thry are intimately and by definition reductionist character of the rational-
connected to outlining a representation of discursive justification of the charitable
the transcendent. behavior as being religious. The rational-
The post-metaphysical liberation from discursive approach mines the logic proper
dogmas and dogmatic absolutism reopens to faith. G. Simmel showed that if an
for the contemporaries the possibility of aspect of life acquires the status of ultimate
faith, Rorty and Vattimo state. However, instance of the latter, this generates the
faith is constitutively transcendental and feeling of inexistence of a certain
therefore valuating. Faith is crediting, contradiction. Out of the understanding of
trusting and entrusting. Is implies religion as coherent totality there ensues its
undertaking a system of values and placing immovability. There is a logic proper to
into a hierarchy the world values, in religion, as there is a logic of art. The
compliance with this system. Faith religious men live a different life from the
operates deductively, the manifestations it theoretical, artistic or practical men, a life
determines are substantiated by the value with rhythm, tonality, ordination and
assumed as supreme. Crediting and trust proportions of one’s own soul energies.
may be inductively justified. They generate The religious vocation imposes
convictions. Entrusting, as transfer of the experiencing as religious all dimensions of
self-responsibility upon the bearer of the life. The religious tonality may be
supreme value, means its implicit enhanced pre-eminently in the human’s
acknowledgment. As gift and behavior towards nature, towards destiny
abandonment, entrusting differentiates and towards one’s fellow men. Certain
faith from conviction. The contemporaries facts have religious significance, as their
may be convinced that there is a good
Sorea, D.: Observations with Respect to the Future of Religion Prefigured by R. Rorty … 241
rough material was undertaken through the inadequate [2]. Hermeneutics, in its strong
category of the religious. [6]. heideggerian vision,as specific manner of
The feeling of the numinous cannot be being meets, thereby with Eliade’s idea of
described through feelings with human religiosity, as essential, defining human
reference but through analogy, as Rudolf feature [3].
Otto showed [4]. He deems the logic- From this perspective, the secularization
descriptive approach as inadequate to the is in decline. At this point, there will be
comprehension of the numinous. inserted another observation, aiming at the
In extension of the idea of reason of metaphysics deconstruction in
inadequateness, there takes shape another the evolution of the human. Rorty and
observation, seeing the role attributed to Vattimo pre-eminently signal the liberating
hermeneutics in transforming religious dimension of deconstructivism, dimension
thinking. Rorty and Vattimo connect the correlative to the awareness by the human
hermeneutic idea of the multitude to the being of the fact that he cannot rely but on
paths of knowledge equally enabled by the himself. The reverse of this liberation is
abolition of the metaphysical pretension of however the loss of the meaning and of the
the objective truth. This connection trust in truth. The success obtained at this
exploits the reductionist dimension of price through the deconstruction of the
hermeneutics. Hermeneutics also has a metaphysical reference to the world is the
restoring dimension. G. Durand deems the success of the human against the human.
latter as prevailing in the economy of the This last one has intrinsically the need for
evolution of humanity [2]. In this order of sense and trust. For this reason,
ideas, the path diversity legitimated by deconstructivism should be deemed rather
hermeneutics unveils its compatibility with as interval of reorganization than moment
the Christian idea of personal and of success in the history of thinking.
personalized salvation. Only under the sign Humankind seems to cyclically exercise
of this compatibility, the shift of religion the faculty of methodic doubt.
from the public towards the private is the Deconstructivism may be deemed a
surviving condition of religion. Only to the contesting approach within this range.
extent in which it programmatically allows However, such a vision valuates it not
the individualized relation with the through its demolishing dimension, but
transcendent, supporting the behavior through the future constructions made
determined by this relation, hermeneutics possible through the initial purification of
is responsible of the evolution of religion. the terrain. Deconstructivism is a useful
In the same order of ideas, the defining stage in the development of human
operation with the symbols also points out knowledge not because it liberates the
for the restoring dimension of human from the constraint of attributing a
hermeneutics. For G. Durand, the symbol sense to his behavior, but because it
is a non-arbitrary sign in which the prepares the terrain for the undertaking of
significant is concrete and the signified is future sense.
impalpable and invisible. The relation of In the light of these future assumptions, a
inadequateness between the significant and last observation obediently places itself
the signified predestines the symbolic type hermeneutically in the proximity of the
of sign under the form of expression of the first. The observation refers to the status of
religious expression. In relation to the love in the future of religion. Rorty and
transcendent, any manifestation of the Vattimo deem love as the only truth
sacred in the religious experience remains predicated by the Gospel and the
imposition of the law of love as sufficient religion and religiosity is illegitimate and
ground for the post-metaphysical religion. inefficient, failing its target. God’s
However love should be perceived as soul- existence is not proved, it is observed, Paul
uplifting and soul-saving in order to be Evdokimov deemed [apud. 1],
religious. Does love have in itself a differentiating the Western and Eastern
transcendental dimension? Does love traditions of Christianity. “7. What we
transfigure the loving one, prefiguring the cannot talk about should be silenced”,
transcendent? These questions of platonic Wittgenstein stated [7]. Philosophical
filiation naturally insert in the proximity of writings upon religion of Rorty and
asserting the religious character of love. Vattimo do exactly the contrary. Which is
They operate openings towards the the very thing the present approach does,
ontology of the human. If and only if their too, wishing to be the very wittgensteinian
answers are affirmative, the law of love as throwing of the instrument after its use.
unique law of humankind and universal
charity, its corollary, acquire religious References
character. However in this case, love
changes the parameters of the human, 1. Brune, F.: Miracole şi minuni.
producing a methanoia, a conversion. (Miracles and Marvels). Bucharest.
Encyclopedic Universe Publishing
6. Conclusions House, 2008.
The reductionist vision upon the religion 2. Durand, G.: Aventurile imaginii.
of the future as undertaking of the law of Imaginaţia simbolică. Imaginarul.
love and of its charitable consequences (Adventures of Image. Symbolic
risks to annul the religious character of Imagination. Imaginary). Bucharest.
love. Without losing its beneficial Nemira Publishing House, 1999.
character, without transcendent guarantor, 3. Eliade, M.: Sacrul şi profanul. (Sacred
the commandment of love does not and Prophane). Bucharest. Humanitas
generate faith, but civic convictions. Publishing House, 2000.
Operating with symbols, hermeneutics 4. Otto, R.: Sacrul. (Sacred) Cluj-
can support the evolution of religion and Napoca. Dacia Publishing House,
religiosity. However, deconstructivim is of 1992.
use to religion only to the extent in which 5. Rorty, R., Vattimo, G.: Viitorul
it prepares a future reconstruction of the religiei. Solidaritate, caritate, ironie.
sense of human life. (Future of Religion. Solidarity,
From the deconstructivist perspective, Charity, Irony). Piteşti. Paralea 45
the concept of charity, around which Rorty Publishing House, 2008.
and Vattimo build their position with 6. Simmel, G.: Religia. (Religion). Cluj-
respect to the future of religion, is used as Napoca. Dacia Publishing House,
little legitimately as any of the concepts 1999.
with whom metaphysics ever operated. 7. Wittgenstein, L.: Tractatus logico-
From the perspective of the different logics philosophicus. Bucureşti. Humanitas
which rule laic logic and religion, any non- Publishing House, 1991.
religious cognitive approach aiming at
SOCIAL RELATIONS IN
THE “HIGH PLACE” OF TECHNOLOGY
Stefano TOMELLERI 1
Abstract: During the last years, Intensive Care Unit (ICU) has recorded a
massive progress in knowledge and operating possibilities, especially thanks
to the techno-scientific innovations concerning biomedical technologies. The
reflections expressed in this paper are the result of an interdisciplinary
qualitative survey, which involved, through the creation of focus groups,
about 50 health operators, doctors and nurses, working in six Italian
intensive care units. The partakers have been asked to express their personal
point of view concerning end-of-life decisions. The original aspect of this
narrative is a critique to the image of medical technology as being able to
take successfully part in any situation and doctors’ narratives aimed at
rediscovering the importance of social relations.
Key words: Narrative medicine, Intensive Care Unit, Technology, Social

relations, End-of-life decisions making.
1. Introduction (4 North, 1 Centre, 1 South) with two

It is a common notion that techno- colleagues of mine, a health psychologist
scientific medical knowledge has currently and a philosopher – I was really surprised
gained an unprecedented therapeutic to see a so high presence of techno-
efficacy. In the last years we have equipment surrounding the patients’ bed.
witnessed a faster and faster advancement In each Intensive Care Unit, three focus
in both pharmacologic research and the use groups were organized, where the
of techno-instruments in medicine. This participants were asked to express their
has greatly improved the success of personal point of view concerning end-of-
therapeutic interventions, explaining the life decisions related to a specific topic of
present widespread trust in expert systems discussion: the action and the impact of
as well. technology in the medical practices, the
In spite of the plurality of icons about success and the failure in the end-of-life
such a recent development in medicine, decisions, the image of ICU seen as a
Intensive Care Unit is the real place, which context of relations and interactions.
evokes, more than any other, the salvific Through the textual analysis of the
power of new technologies [4]. accounts, we have tried to underline,
among the single discussions, the most
2. In the Beginning of our Research meaningful critical polarization of the
When I entered into an Intensive Care communicative knowledge [2-5].
Unit for the first time – in order to carry 2.1. The “High Place” of Technology
out a qualitative research on end-of-life- The big light displays, the racks in pots that
decisions, on a sample of six Italian ICUs continuously control the parameters and the
1
Human Sciences Department, University of Bergamo, Italy.
large use of any sort of high-tech made me monitoring or the treatment have become
imagine to have come to the most advanced inappropriate: they are heavy in excess
frontier of medical science. In other words, I because of the presence of irreversible case
was in a place where medicine seemed to histories, the failed response to the medical
focus the very modern idea of therapeutic treatment, or the explicit patient’s
intervention: illness is a natural process that revocation of a previous consent or even
hits the body. the achievement of a therapeutic limit that
Crossing the threshold of Intensive Care was agreed before [1].
Unit – after a careful wearing ritual to avoid 3.1. Technical Equipments and Human
any sort of outside contamination within the Frailty
ICU aseptic environment – I felt I was The firm belief in the resolving power of
entering the “high place” of technology. technology and protocols as in decisions
In the last thirty years, the developments in about admission, discharge and limitation of
the techno-scientific field provided new intensive treatments, was perhaps also due
opportunities of intervention to care workers: to the sharp contrast between technical
from the replacement or support of vital equipments and the evidence of human
functions (such as artificial breathing devices, frailty exposed in naked bodies depending
the cardiac pump or the kidney emunctory) on technological devices to stay alive and
passing through the inhibition of often unconscious, in a coma due to
consciousness by extended sedation, to the ongoing clinical pathologies or to
diagnose of the brain death in despite of the pharmacological treatments in order to
beating heart using well-defined neurological satisfy therapeutic needs.
principles and rendering possible, this way, 3.2. Types of Patients
organ transplants [6]. Taking into account the framework we
2.2. The Starting Hypothesis have described, we can argue that there are
In the beginning of our research, I was two types of patients entering the Intensive
firmly convinced that care workers Care Unit: those who experience an acute
engaged in ICUs were culturally organ shortage and who are defined by
influenced by a kind of magic and salvific doctors as critical patients (corresponding
idea of their profession. to 70% of total admissions) and those,
I believed that there was no remarkable labelled as monitored patients, who can
difference between common sense and seriously risk to die because of possible
medical knowledge with reference to such complications. Although about half of them
an issue; I believed that both of these sorts become critical patients, they are commonly
of knowledge shared an idea of technology soon discharged.
as a powerful, omnipotent expert system
able to solve even more controversial 4. Meaningful Narratives in the Medical
issues included those concerning end-of- Practice
life conditions. I was convinced that the meaningful
narratives of about sixty care workers
3. The End-of-Life Decisions (doctors and medical attendants) – we met
The end-of-life decisions concern more during our focus groups (we organized three
precisely admissions and discharges focus groups in each Intensive Care Unit
to/from ICUs and the limitation of and, thus, a total of eighteen meetings) –
intensive treatments. could be interpreted following the narrative
To be clear, the limitations of treatment structure of a doctor’s narration. He has
deal with those cases in which the been working in Intensive Care Unit for few
Tomelleri, S.: Social Relations in the “High Place” of Technology 245
years and I will call him with a fictitious In other words, it seems that social
name – Dr. Antonio Porta – in order to relations could be put aside since they
encourage the personalization in the present cannot be understood according to
account: parameters of verifiable predictability that is
What about the presence of a sort of they cannot be read using what we can
ghost, who is neither the sick person nor the define as a semiotics of the evidence
other human beings but a ethereal presence (Evidence Based Medicine) of objective
that does not exist and is able to unplug the facts that can be grasped by an omniscient
machine?... What I would like to say is that mind in their pretended absolute
we are maybe afraid to act in first person. transparency. In this ideological
We cannot even claim that a friend of ours perspective, calculation and quantification
unplug the machine instead of us because are assumed as regulating principles to read
this would be a way to shift the blame to the disease: a quantifiable knowledge of
him. However, would be right or wrong, if facts would allow us to foresee and control
there was something – neither us nor the causes and effects of future events. Planning
patient – that removes our responsibility to as well as formal and rational organization
decide?... How would be possible to cope of time and space would be normative rules
with the problem if there was a third person useful to reduce reality to decipherable and
– not us – that is willing to do that and is predictable quantitative schemas and to
able to intervene in what we can define as a drastically simplify the cultural, religious
“aseptic way” without religious, moral variety and the different values that each
scruples and what have you? What would patient expresses.
we do? Would we tell to this third aseptic, Briefly, the idea of a standardization of
ethereal person: “Don’t move! I must medical practice determines the removal of
decide!”? Or would we leave the decision to contingent, occasional and chaotic aspects
its destiny? This is what I was thinking of such a practice which are considered to
about. (Focus Group Beta I) be marginal. This ousting of biographic or
4.1. Technology as Third Neutral Actor cultural peculiarities and idiosyncrasies of
In this reflection, what clearly emerges, in ordinary life would increase even more the
my opinion, is the concept of technology as trust in abstract systems and particularly in
a third neutral actor within the process of expert systems: that is the third neutral
treatment. More precisely, I find that the actor.
foregoing reflection remands to an idea of 4.2. Initial Hypothesis was Wrong: a
technology that we can define as a Disenchanted Relation with
universalistic standardization, i.e. based on Technology?
the absolute certainty to be able to clearly Attending the “high place” of technology
divide the quantitative cognizable aspects and the care workers who daily work there,
which can be controlled – such as, for I have realized that my initial hypothesis
instance, the numerical indicators – from was wrong.
the interferences which can be caused by In Intensive Care Unit you don’t only
the peculiarities and the idiosyncrasies of experience, indeed, the power of science
biographic, relational and cultural aspects. and technology but also their limits, since
The desire of removing the pain prevails you clearly perceive that it is too often very
and the limit tends to become a removal of difficult to establish a relation with the
the anthropological and social dimension of patient and her relatives due to the high
the disease. death rate. One out of six patients dies in
Intensive Care Unit.
Doctors and nurses must deal with death, unheard by the medical practice, according
the limits of their intervening capacity, the to different sorts of situation. The problem
disappointment and pain of patient’s at stake in social interactions among doctors
relatives, who painfully experience the and nurses in Intensive Care Unit – that is
failure of medical technology on their own. also in the true heart of the debate within
In our analysis of what emerged in the sociology – concerns the crisis of the very
discussion groups we have noticed a neat idea of objective, universal standardization
mismatch between common sense and the in a context where it seems to have become
emerging most meaningful cultural attitudes a moral imperative.
within the medical practice. The narratives The introduction of sophisticated
of the participants in the research reveal, equipment and the pharmacological
indeed, a disenchanted (a disillusioned) innovation have produced an ability –
relation with technology. Such a relation which was impossible before – forecasting
could sometimes be ironic, but it is often and controlling the new biological,
clearly bothered by technology. I believe physiological and social conditions
that the very new aspect you can find in experienced within the Intensive Care Unit.
these narratives is linked to the fact that To be sure, it is a condition in which a
doctors and nurses are working out an human being is linked to technical
adverse criticism to the dominant image equipment in an indissoluble way: life
presenting technology and medical science depends on the equipment. Following this,
able to intervene successfully in any the very point at stake here is that the
situation and solve it; they highlight, in turn, medical staff is concerned with
the difficult rediscovery of the social approximations and failures of such an
dimension of treatment which can not be equipment, being responsible, at the same
eliminated. time, for the treatment in a context that can
After Dr. Porta’s aloud reflection on the not be isolated, aseptic, and neutral since it
possible benefit of the presence of a third is always part of organizational situations
neutral, aseptic ethereal actor, most of his where a great number of interweaved day-
colleagues reacted producing a general buzz to-day professional interactions are
and a squawk in the background that was involved [3].
interrupted by Dr. Giorgia Rizzo’s Paradoxically, the more technology
statement: asserts itself and gets stronger as therapeutic
We can say thus that we are no more action, the more this produces new
concerned with this issue… We should relational and social horizons, as well as,
follow the example of Ponzio Pilatus in new tensions which demand re-thinking the
order to be concerned anymore or, in traditional mechanistic conception of the
alternative, we could not escape from being body and the illness, the very basis of the
involved in the issue (Focus Group Beta I) present development of medical techno-
Suddenly, the sarcastic words of another science. Following this, the myth of the
colleague, Paolo Lombardi, followed, objectivity of techno-science - that excludes
raising a hold laugh due also to the presence perspectives, values, aspirations, and
of nurses: sufferings of the observer (the doctor) from
Or, in alternative, you wait to shift change the analysis of the patient’s situation,
(Focus Group Beta I) refusing to point out the inter-subjective
Dr. Lombardi’s crushing remark nature of what happens between doctors,
highlights that in spite of its objective the patient and her relatives - is thrown into
parameters, the protocol can be strategically crisis [8].
Tomelleri, S.: Social Relations in the “High Place” of Technology 247
5. Rediscovering the Importance of in Intensive Care Unit – but the very fact to
Social Relations be attached to a life-support system doesn’t
Doctors’ narratives witness a high give him the chance to survive”. I tried to
presence of meaningful contents aimed at explain them that the child didn’t breathe
rediscovering the importance of social anymore and we wanted to make him die
relations and are characterized by four main without suffering: “We want to send him to
narrative themes, closely interweaved: sleep. This way, he does not suffer but this
- the relation with patient’s relatives phase can last only few hours”. In other
should be cared more and more; words, the child doesn’t come in there to
- the understanding of the organizational give you hope that there still is something to
nature of the treatment; do, but he comes in there to die without
- the instrumental acting of expert pain.”. By the way, this kind of decisions is
knowledge; also taken according to a certain
- a criticism – that can be more or less background. I was obliged to do something
consciously expressed – to the idea of an I was aware it was wrongful, because the
omnipotent doctor, who has the power to child didn’t suffer since he was in a coma.
save. However, there were two parents staring at
In this regard, it is worth mentioning here me and making me feel the weight of
Dr. Mario Colombo’s story. He has been deciding…I was put in a difficult position
working in Intensive Care Unit for more and I could decide in the wrong way only.
than twenty-five years; he was involved in (Focus Group Delta II)
accepting a child due to the moral pressure In Mario Colombo’s story, there are
applied by a young medical practitioner multiple reasons at the very basis of the
under the eyes of the same child’s relatives: critical situation he describes: the pressure
The child was lost by then and these other exercised by the parents, the instrumental
doctors started with the usual discourse: behaviour of the colleague, the context of
“But if…because if…if he rides out this the communicative interaction (the big
phase, if he shouldn’t have, if…if…it could window), the critical conditions of the
occur that…”. Such a discourse took place patient and mainly the young age of the
between a doctor who was there and me. dying person.
There was no wall, but a big window that However, a very problematic aspect
divided us from the corridor where the characterizing the interactive dynamics,
child’s parents were standing “outside” in described in the story, is closely linked to
front of us following the dialogue between the relational nature of the treatment. It
the onco-hematologist and me as they had refers, more precisely, to the fact that
followed a tennis match. At a certain point beyond what medical indicators announced
my colleague told me: “Well! I absolutely – according to the resuscitator – a sure
don’t want to force through a decision – you prognosis for death, the pressure exercised
know – make a decision for yourself by the medical practitioner under the eyes
whether accept the child”. I looked at the of the same parents make the doctor feel
parents, who had before moved their heads bounded: such a pressure is so binding for
from side to side, but, at that point, kept still him that he had no choice but to accept the
on me, looking at me…so I decided to child in Intensive Care Unit.
accept the child here (in Intensive Care Consequently, technical, expert medical
Unit) and he died straight after. And it was knowledge, concerning resuscitation
my flop, since I told to the parents: practices, risks to become a device that
“Remember that the child come in there – other medical practitioners can use
regardless the objective technical References

knowledge, involved in order to solve
relational problems. The specialist division 1. AA.VV.: SIAART – guidelines for
of the treatment – which makes the patient admission to and discharge from
get lost in a network of wards, sections and Intensive Care Units and for the
units – overdraws the relational limitation of treatment in intensive
ambivalence whenever it is possible an care. In: Minerva Anestesiol (2003)
instrumental use of specialist knowledge. No. 69, pp. 101-108.
In the end, although there was no hope to 2. Charmaz, K.: Grounded Theory:
save the patient, Dr. Colombo decided to Objectivist and Constructivist
accept him and, that is why, he perceives Methods. In: Handbook of Qualitative
his choice to be unjust. He took his decision Research, Denzin, N.K., Lincoln, Y.S.
according to relational parameters that took (eds.). Thousand Oaks, California,
into account the parents’ point of view, 2000, p. 509-536.
acknowledging that technical knowledge is 3. Del Vecchio Good, M.-J., Good, B.J.:
part of interactive dynamics, that can push Clinical Narratives and the Study of
clinical parameters and quantitative Contemporary Doctor-Patient
indicators into the background. Relationship. In: Handbook of Social
Studies in Health and Medicine,
6. Conclusion Albrecht, G.L., Fitzpatrick, R.,
We can state, in conclusion, that the Scrimshaw, S.C. Sage, London, UK,
stories, we have previously mentioned, 2000, pp. 241-265.
point out how doctors, who work in 4. Moller, D.W.: Life’s End:
Intensive Care Unit perceive the relation Technocratic Dying and Age of
doctor-technology-patient not only Spiritual Yearning. New York.
according to the clinical dimension of the Baywood, 2000.
disease, which is a kind of objective 5. Pope, C., Mays, N.: Qualitative
diagnosis and prognosis, but also Reseach in Health Care. London. N.
considering the subjective interplay that BMJ Books, 1996.
takes part in the final decision process [7]. 6. Timmermans, S., Berg, M.: The
The relatives and patients’ pressing Practice of Medical Technology. In:
aspirations to the power of technological Sociology of Health and Illness (2003)
equipment, as well as, the risk of an Silver Anniversary Issue Vol. 25,
instrumental use of specialist knowledge by pp. 97-114.
other care providers, makes it difficult for 7. Tomelleri, S.: Ma se ci fosse una
the doctor in Intensive Care Unit to specie di fantasma. Narrazioni
communicate the uselessness of an eventual significative nelle pratiche mediche
admission to Intensive Care Unit. Such a delle terapie intensive italiane. In:
difficulty – which can sometimes occurs in Rassegna Italiana di Sociologia (2007)
using technical parameters to legitimate a XLVIII No. 1, p. 91-117.
clinical decision – facilitates to recognize 8. Werth, J. Jr., Gordon, J., Johnson, R.:
that quantitative indicators are to be Psychosocial Issues Near the End of
understood as part of interactive social Life. In: Aging & Mental Health
contexts, which can encourage (or not) (2002) Vol. 6 No. 4, pp. 402-412.
specific interpretations and operative
decisions.
AUTHORS INDEX
A M
Aldea, A. ........................................... 165 Manea, A. C. ...................................... 203
Manea, L. ........................................... 203
B Marzano, M. ........................................ 22
Bianov, A. ......................................... 167 Mureşan, L. ........................................ 207
Bodi, D. C. ........................................ 137
Borcoman, M. ................................... 229 N
Broidioi, B. ........................................ 123 Nicolini, P. ......................................... 113
Niculescu, R. M. ................................ 105
C
Cepillo Galvin, M. A. ........................ 173 O
Clinciu, A. I. .................................. 79, 93 Onuţ, Gh. .............................................. 31
Cocoradă, E. ........................................ 85
Coposescu, S.. ........................................ 9 P
Pavalache-Ilie, M. ................................. 85
D
Dancu, A. ............................................ 15 R
David, L. T. ......................................... 93 Răţulea, G. ........................................... 42
De Angelis, M. .................................. 145 Remi Njiki, M. ................................... 180
Del Valle Galvez, A. ......................... 180
S
G Sava, A. ................................................ 52
Garcia, M. S. ..................................... 188 Sorea, D. ............................................ 237
Gheorghe, C. ..................................... 207 Spiridon, C. C. ................................... 213
Gonzales Garcia, I. ............................ 195 Şandru, C. ............................................ 61
Şaramet, O. ........................................ 213
I
Indreica, E. A. ..................................... 99 T
Tomelleri, S. ...................................... 243
L Truţa, C. ............................................. 123
Luca, M. R. ......................................... 85
166
U
Ungureanu, Ş. ...................................... 69
V
Verdu Baeza, J. . ................................ 219
Voinea, M. ......................................... 129
Z
Zanca, R. ........................................... 155

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Bulletin of the Transilvania University of Braşov. Series VII: Social Sciences • Law.

Vol. 2 (51), 2009. ISSN 2066-7701 printed version;

Bulletin of the Transilvania University of Braşov. Series IV: Socio-Humanistic Sciences.

Senior editor Series VII

Editors, Series VII

Claudiu COMAN, PhD, Prof. (Sociology and Communications Sciences)

Secretary, Series VII

Final Technical supervision

English Language Supervision

© All rights reserved

Professor.Dr. Maria BUCUR-DECKARD, Indiana University, USA

SOCIOLOGY AND ANTHROPOLOGY ................................................................ 7

Coposescu S.: Defining Identity in the Context of Globalization ....................................... 9

PSYCHOLOGY AND PEDAGOGY ....................................................................... 77

SOCIAL WORK......................................................................................................... 135

LAW .............................................................................................................................. 161

PHILOSOPHY AND HISTORY ............................................................................ 227

Authors Index ................................................................................................................. 249

DEFINING IDENTITY IN THE CONTEXT

Abstract: The paper focuses on problems of individual and social identity-

Key words: identity, crisis identity, globalization, social changes..

1. Identity and Change everybody has a saying on identity:

uncertainty concerning the direction of master of the pattern. To be master of the

with others (and identity is such a key- 3. Globalization and Identity

between countries and condition decisively general and economic organizations in

expressing their autonomous identity in defending their actual identities by

Organizational Globalization, in 13(1), pp.25-40;

INVESTIGATING THE SOCIAL WORLD

Abstract: Visual representations found in the written press are approached

Key words: photography, journalism, visual sociology.

The basic elements in visual understanding these elements, the viewer

two of which are in the army. Chicago. References

14. Harper, Douglas. (1988). "Visual Administration Photographers, 1936-

“SECRETS AND LIES”: (NOT) TELLING

Key words: imminent death, conspiracy of silence, “no tell” policy,

In Italy, as probably happens in other observation of social interactions at an

turbulence which might disrupt the impossible to make accurate forecasts in

My impression on this point is that at therapy, keep his/her appointments at the

from case to case according to individual chemotherapy must be beneficial

communication that facilitate dialogue announced, delaying disclosure of the

APPLICATION OF SIX THINKING HATS

Key words: Profession of sociologist, creative techniques, direct analogy,

Technique Note Marius Pleşcan, sociologist, graduate

Monica Kovacs: Because everybody Monica Kovacs: Yes. Yes!

MINORITIES PROTECTION, DEMOCRACY

Abstract: The instauration and the maintenance of a stable democratic

Key words: minorities protection, cultural pluralism, democracy,

1. Introduction social and political development usually

freedoms of others. Tolerance cannot be in the Empire. The geographic component of

In the context of the post-modernism, we connection to justice or the good governing

observed, and the State functions Only within a democratic society,

citizens, whatever their nationality. It is territory that is constituted and occupied by

ideals have been forged, transmitted, 8. Schnapper, D., What is Citizenship?

Abstract: The objective of this article is to perform a general description of

Key words: community, community development, census.

1. Introduction: extended surface and among whom there

account all types of possible communities: feeling” (a kind of associative unity of

expressions of rational will—science, organic solidarity. To the type of society it

generalized standards or in terms of a emphasis that differs (International