AGREEMENT
between the Government of
The Government of Romania and the Government of the
Guided by a joint effort to strengthen their bilateral relations in the
spirit of mutual understanding and good-neighbourly co-operation,
Bearing in mind the Treaty on understanding, co-operation and
good-neighbourliness between Romania and the Republic of Hungary, signed in
Timişoara, on the 16th
of September 1996, in particular the provisions concerning the protection of
the rights of persons belonging to national minorities, acknowledging that
providing effective equality in rights and chances for the national minorities
living in their respective countries and creating conditions for them to
prosper in their land of birth, constitute an indispensable contribution to the
stability of the region and to the creation of a future Europe, based on values
as cultural and linguistic diversity and tolerance,
Led by the Declaration on Strategic Partnership between the Government of Romania
and the Government of the
Taking into account the prospective
membership of the two countries in the European Union,
Willingful of promoting the
European values and standards,
Guided by the willingness
to promote the preservation and development of the cultural and linguistic
identity of the persons belonging to Romanian and Hungarian national minorities
living in the two countries, in order for the citizens to have better knowledge
on the culture and language of the other State, in conformity with the
international treaties on the matter, in force between the two States,
Bearing in mind the provisions of the European and international documents
in the field of the protection of the rights of persons belonging to national
minorities and the recommendations of the European institutions, in particular
the OSCE High Commissioner on National Minorities and the European Commission,
Guided by the provisions of the Venice Commission’s report on the
preferential treatment of national minorities by their kin States, setting
forth the conditions in which the involvement of the kin State is legitimate,
as the respect of the territorial sovereignty, pacta sunt servanda, the
principle of good neighbourliness, respect of human rights and fundamental
freedoms, in particular the principle of non-discrimination,
Have agreed upon conditions with regard to
implementing the Law on Hungarians Living in Neighbouring Countries concerning
Romanian citizens, as follows:
Article 1
The Romanian citizens of non-Hungarian ethnic origin shall not be
granted any Certificate and, on this basis, shall not be entitled to apply for
any benefits set forth by the Law on Hungarians Living in Neighbouring Countries.
Article 2
The Parties note that the entire procedure of granting the certificate
(receiving of applications, issue, distribution) takes place on the territory
of the
Article 3
The Parties acknowledge that non-governmental organisations established
by the ethnic Hungarians on the
Article 4
The Romanian Party notes that Romanian citizens which are pupils in
elementary schools and high-schools and learn in Hungarian language, as well as
the students studying in Hungarian language in higher educational institutions
or attend classes in the field of Hungarian culture may enjoy, on the territory
of the Republic of Hungary, benefits for the support of their studies, on the
basis of their pupil/student quality in Romania.
Article 5
The Romanian Party notes that Romanian citizens teaching in Hungarian
language or in the field of Hungarian culture in elementary schools and
high-schools or in higher educational
institutions may enjoy, on the territory of the Republic of Hungary, benefits
for teachers and professors for the support of their teaching activities, on
the basis of their teacher/professor quality in Romania.
Article 6
The Parties convened that the “School” Foundation, in conformity with
the Romanian legislation, distributes, by contest, on the basis of projects,
educational benefits, for educational institutions or for individuals for the
purpose of scholarships, on a non-discriminatory basis.
Article 7
The Hungarian
Certificates for Romanian citizens shall be used only on the territory of the
Republic of Hungary;
Article 8
The Government of
the Republic of Hungary strives to take the necessary steps in order to bring the
Certificates into conformity with the Recommendations of the European
institutions, including those of the European Commission of December 2002.
Article 9
The Government of the Republic
of Hungary agrees that the Hungarian citizens of Romanian ethnic origin living
in the Republic of Hungary shall be granted, in accordance with the Romanian
relevant legislation regarding the support for the Romanian minorities living
abroad and on the basis of reciprocity, the same level as facilities as those
granted to Romanian citizens of Hungarian ethnic origin living in Romania, in
accordance with the legal framework in force between Romania and the Republic
of Hungary on this matter.
Article 10
On the entry into force of this Agreement, the Memorandum of
Understanding between the Government of Romania and the Government of the
Article 11
This Agreement shall enter into force on the date of the latter
notification regarding the fulfilment of the domestic procedures necessary for
the entry into force of this Agreement.
Signed in
For the Government of Romania For
the Government of the Republic of Hungary