Równość obywateli bez względu na narodowość w konstytucjach europejskich państw socjalistycznych
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Date
1986
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Wydział Prawa i Administracji UAM
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Equality of Citizens Irrespective to their Nationality in Constitutions of the European Socialist States
Abstract
Equality of citizens, irrespective to their nationality is provided by all constitutions
of the European socialist states. Yet a different construction is put on
the question in the discussed constitutions on account of the fact that the constitutions
were adopted in different periods, different patterns were followed, and
first of all that not all these States encouner the question of equality of citizens
irrespective to their nationality as an actual problem. The equality of rights irrespective
to nationality becomes the problem in federal States and those homogenous
States where numerous minorities live, i.e. in Romania and Hungary.
Constitutions of Romania and Hungary formulate the equality of citizens irrespective
to their nationality not only as an individual right but also as the collective
one. It means that they provide not only the equality of rights of particular citizens,
but they guarantee equality of rights to the whole national minorities. Guaranteeing
the equality of rights to particular national minorities has to be recognized
as a better and more complete securing of the equality of rights. A possibility
of cultivating their national separateness by particular citizens does not by
itself create the full equality of rights. It is determined by activities of educational institutions at all their levels, extensive development of education and culture —
and this cannot be implemented only by individual actions of citizens. The socialist
federations, i.e. the Soviet Union, Yugoslavia and Czechoslovakia secure the
equality of rights irrespective to nationality in different ways. In Yugoslavia and
Czechoslovakia the equality is secured by guaranteeing particular nationalities the
development of their separate character. In the Soviet Union, the complete equality
of rights of particular nations and peoples is intended to be achieved by the
creation of a uniform Soviet nation. These two distinct ways are reflected in the
discussed constitutions. Still, in all the European socialist States the true equality
of citizens irrespective to their nationality is to be achieved by the equality in
the social and economic domain.
Most of the constitutions clearly differentiate between the equality of rights
and obligations of citizens and the equality before the law irrespective to nationality.
It has to be added though, that in those States, where the constitutions do
not proclaim explicitely the equality of citizens before the law irrespective to
their nationality, the respective provisions were omitted mostly for that reason
that at the time of adopting the constitutions there were no differences perceived
between the notions of equality of citizens before the law and equality of rights
of citizens.
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 3, s. 37-50