Sibiu Alma Mater University Journals C - Social Sciences/Vol7no2 2014... · Leila BARDAŞUC Assistant, PhD ... de cerinţele societale ale primelor decenii ale secolului al XXI-lea

Volume 7, no. 2 / 2014 ISSN 2065 – 2372

Sibiu Alma Mater

University Journals

Series C. Social Sciences

Editura Alma Mater Sibiu, 2014

ISSN 2065 - 2356

Coperta: Silvana MUNTEAN

© Toate drepturile rezervate

Tipărit la editura „Alma Mater” Sibiu str. Someşului nr. 57, Sibiu – 550003 – România tel. 0269-234332 fax. 0269-234332 www.editura-amsibiu.ro email: [email protected]

Editing Management, Executive Editorial Board, Advisory Scientific Board

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Editing ManagementProf. Eng. Ec. Nicolaie GEORGESCU, PhD – Sibiu Alma Mater University, RomaniaProf. Mircea COSMA, PhD – Sibiu Alma Mater University, RomaniaAssoc. Prof. Dumitru POPOVICI, PhD – Sibiu Alma Mater University, Romania

Executive Editorial Board

Editor-in-ChiefMircea COSMAProf. PhD, Sibiu Alma Mater University

Executive EditorEugen POPESCUProf. PhD, Sibiu Alma Mater UniversityIon CIOBANULecturer PhD., Sibiu Alma Mater UniversityDaniela Roxana VUŢĂLecturer PhD., Sibiu Alma Mater University

Assistant EditorRoxana CRUCEANUAssoc. Prof. PhD., Sibiu Alma Mater UniversityBrânduşa Oana NICULESCUAssistant PhD., Sibiu Nicolae Balcescu Land Forces AcademyLeila BARDAŞUCAssistant, PhD candidate, Sibiu Alma Mater UniversityAlina FĂRCAŞEconomist, Sibiu Alma Mater University

Advisory Scientific BoardMartina BLAŠKOVÁProf. PhD., University of Zilina, SlovakiaGeanina CIUHAN CUCUProf. PhD., Piteşti University, RomaniaTeodor FRUNZETIProf. PhD, Bucharest Carol I National Defence University, RomaniaIoana GOLUProf. PhD., Hyperion University, Bucharest, RomaniaLobin GUNTERProf. PhD, Padeborn University, GermanyAlgirdas KANAUKAProf. PhD, University of Dayton, U.S.A.Petru LISIEVICIProf. PhD, Bucharest Spiru Haret University, RomaniaMihaela MINULESCUProf. PhD, National School of Political Studies and Public Administration, RomaniaAdrian NECULAUProf. PhD, Iasi Alexandru Ioan Cuza University, RomaniaEva PINDESOVAProf. PhD, University of Defence, Brno, Czech Republic

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Ioan SANTAIProf. PhD, Sibiu Alma Mater University, RomaniaLuciano SEGRETOProf. PhD, Universitá degli Studi di Firenze, ItalyMarioara PATEŞANProf. PhD, Sibiu Nicolae Balcescu Land Forces Academy, RomaniaTeodora SIMAProf. PhD, Bucharest Hyperion UniversityGheorghe CALCANProf. PhD, Ploiesti University, RomaniaElena MACAVEIProf. PhD, Sibiu Alma Mater University, RomaniaLiviu Alexandru SOFONEAProf. PhD., History and Philosophy of Science Committee, Romanian Academy, RomaniaEmilian STANCUProf. PhD., Bucharest University, RomaniaMihai BRĂSLAŞUProf. PhD, Piteşti University, RomaniaGeorge-Mircea BOTESCUAssoc. Prof. PhD, Bucharest University, RomaniaAna-Maria IUGAAssoc. Prof. PhD, Sibiu Alma Mater University, RomaniaŞtefania BUMBUCLecturer PhD., Sibiu Nicolae Balcescu Land Forces Academy, RomaniaIon DINULecturer PhD., Sibiu Alma Mater University, RomaniaDaniel HAGEANULecturer PhD., Sibiu Alma Mater University, RomaniaMihai SIMALecturer PhD., Lucian Blaga University of Sibiu, RomaniaLucian SMARANDALecturer PhD., Sibiu Alma Mater University, RomaniaIoana TODORLecturer PhD., 1st of December University, Alba-Iulia, RomaniaBeaneta VASILIEVALecturer PhD., Varna University, BulgariaIonuţ VLĂDESCULecturer PhD., Sibiu Alma Mater University, RomaniaJonathan ROSENZWEIGSecond Secretary, Israel Embassy, Bucharest, Romania

Content

V

Content

1. Brânduşa Oana NICULESCU & Georgeta OBILIŞTEANU & Mircea COSMA

Qualitative aspects of the teaching style specific to higher education ...................................... 3

2. Ionuţ VLĂDESCU

Setting goals for career: from career planning to career management ................................... 12

3. Ion CIOBANU

Contemporary cultural industry and its educational determinations ...................................... 17

4. Ionuţ VLĂDESCU

The results of the communication skills in psycho-pedagogical activities ............................ 20

5. Ilie -Viorel ARSENE

The usucapio procedure in the new Civil Procedure Code. Difficulties encountered in

practice…………………………………………………………………………………………...25

6. Ilie -Viorel ARSENE

Territorial jurisdiction of the courts under theNew Civil Procedure Code ............................. 32

7. Andreea DUMITRU

Eginald Schlattner’s Multicultural Transylvania. A Model of Intercultural Communication.

Three Novels – One World ............................................................................................................ 39

8. Andreea DUMITRU

Interkulturelle Kontakte zwischen den Siebenbürger Sachsen und den Rumänen in Eginald

Schlattners Roman Das Klavier im Nebel. Die Siebenbürger Sachsen und das rumänische

Umfeld ........................................................................................................................................... 44

Author’s instructions .................................................................................................................................. 49

Index of authors ......................................................................................................................................... 53

Index of keywords ...................................................................................................................................... 54

Brânduşa-Oana NICULESCU, Georgeta OBILIŞTEANU, Mircea COSMA – Qualitative aspects of the.....

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Qualitative aspects of the teaching style specific to higher education

Brânduşa-Oana NICULESCU*, Georgeta OBILIŞTEANU **, Mircea COSMA***

* Nicolae Bălcescu Land Forces Academy of Sibiu, 3-5 Revoluţiei Street, Sibiu, Romania, Phone: +40-269-432990, E-mail: [email protected]

** Nicolae Bălcescu Land Forces Academy of Sibiu, 3-5 Revoluţiei Street, Sibiu, Romania, Phone: +40-269-432990, E-mail: [email protected]

*** Alma Mater University of Sibiu, 5-7 Someşului Street, Sibiu, Romania, Phone: +40-269-250008, E-mail: [email protected]

Abstract The educational environment specific to higher education is confronted with new and significant concerns and changes generated by the societal demands of the first 21st century decades. The formation of the new kind of man in general, of experts in particular, takes centre stage in dealing with the specific challenges of today’s society and, all the more, of the future society. For the formation of experts, academic education builds and reshapes the educational process within which the teaching staff can bring their most important contribution through the adopted teaching style. From this perspective, we consider the approaching of certain aspects that are characteristic to the teaching style of higher education as always being of current interest for those who serve the interests of universities. Key words: higher education, teaching style, higher education teaching, student, quality. Rezumat Mediul educaţional specific învăţământului superior cunoaşte noi şi semnificative preocupări şi schimbări generate de cerinţele societale ale primelor decenii ale secolului al XXI-lea. Societatea de astăzi şi cu atât mai mult cea viitoare pune în centrul soluţionării provocărilor specifice formarea omului în general, a experţilor în mod special. Pentru formarea experţilor educaţia îşi configurează academică îşi configurează şi reconstruieşte procesul de învăţământ, în cadrul căruia cadrele didactice, prin stilul de predare adoptat, îşi pot aduce contribuţia cea mai importantă. Din această perspectivă, abordarea unor aspecte caracteristice calităţii stilului de predare din învăţământul superior o considerăm ca fiind mereu actuală şi de interes pentru slujitorii universităţilor şi nu numai. Cuvinte cheie: educaţie superioară, stil de predare, predare în învăţământul superior, student, calitate.

Introduction Through its structure and content, higher education raises significant questions in terms of the skills and the competencies that the teaching staffs hold. In the context in which the manifestation area of the educational process has become European and global and of the supply and demand rapport, the university education ascertains the necessity of acquiring and doing justice to the way the teaching-learning-evaluating style specific to it should be regarded and approached. The domain must be viewed in a certain context in terms of the content, the typology, the role and the importance it has, as well as in terms of the teaching staff who take the

responsibility of initiating and using it themselves as such. Most importantly, special mention should be given to the students upon who are exerted no matter what kind of influences coming from the teaching styles employed by the teachers for each discipline covered throughout the academic preparation. Thus, the special present day concern with identifying new solutions for obtaining the best performance in higher education places the teacher and his/her style of teaching among the essential factors capable of contributing to achieving university education efficiency. 1. The university style of teaching – conceptual delineations

Sibiu Alma Mater University Journals – Series C. Social Sciences – Volume 7, no. 2 / 2014

In the last few studies, an increased interest in the problematic of the higher education teaching styles has been generated by the interdisciplinary contact between pedagogical research and sociology and the theory of management, especially social and organizational psychology. The professional style is characterized by the unique, genuine, irrepeatable manifestations of the person that promotes it, being an expression of “the way in which the teacher exercises the powers given to him by the social status, the authority invested in him, the acquired professional skill, as well as by the competencies he has in the field”. (Ezechil, 2002) What is generically referred to as “style of teaching” is a term having large meanings due to an insufficient process of conceptualization that has taken place so far. A series of difficulties deriving from the polysemantic significance of the term are added to this. A term which “is so diverse in meanings that almost denies a definition formulated with enough accuracy [...] a definition used either in a restricted sense for indicating a particular dimension, or in a more general sense, referring to a number of idiosyncratic features linked between them, characterizing the teacher’s behavior in front of the students”. (Ausubel şi Robinson, 1981) Hence, defining the style acquires by far slightly more meanings, depending on the different attitudes that the researchers adopt towards the elements intervening in the act of teaching and which are supposed to justify the development and adoption of these styles. The teaching style can be defined as a manner of didactic behavior preferred by a teacher, reoccurring with certain regularity in his/her educational practice. The preference for a particular mode of teaching can be explained through the personal way of understanding and interpreting the principles and norms governing the academic education. The style of teaching “is embodied in different patterns of action employed by a teacher relatively frequently in the educational activity”. (Diaconu, 2004) The didactic style is also defined as a “pattern of relatively stable behavior characterizing a

teacher’s activity, embodied in certain typical practical modes employed in training and education”. (Schaub şi Zenke, 2001) On the other hand, a renowned Romanian pedagogue underlines the necessity of adapting the didactic style to the teaching situations. (Cerghit, 2008) The teaching style of a higher education teacher is associated with certain behaviors, manifesting itself in the form of patterns of influencing and action, presenting internal substance, relative stability and appearing as a product of the personalization of principles, norms and methods that are specific to the academic instructional-educational activity. At the same time, the style is an expression of the aspects that are not directly observed but which represent the foundation of behaviors, that is, motivations, needs, attitudes. Putting it differently, it is a complex behavior which represents an expression in behavioral terms of some inner attitudes and experiences resulting from a certain motivation. The style is an organizational variable having a great impact on a relational, interactional-pedagogical level and consisting of unoperational non-executive personality components, some psychic-social, managerial aspects resulting from the contact with external situations. Therefore, the style of teaching can be defined as a whole of relatively constant behavioral patterns for instruction, communication, cooperation, decision on the learning situations, as well as for adopting attitudes towards their results and behaviors. It is in a process of continuous configuration and restructuring in the context of three determining factors: preparation, personality traits and experience. Finally, the teaching style is defined through an educator’s specific manner of organizing and managing the didactic process. It has certain characteristics: • it is always personal, even if many of its aspects are common or very close to those of other academic teachers; • it is relatively constant, in manifesting itself in a specific way, on a given period of time, yet likely to undergo changes;

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• it is dynamic, allowing for perfection, especially under the impact of experience. The evolution of the teaching style towards achieving perfection (improvement) is largely dependent on the academic teacher’s attitude towards his own activity, on his self-evaluation capacity. While teaching, the academic teacher adapts himself to the students according to their attitude, the contents of this activity, the norms that lie at its foundation and orientation. Hence, the teaching style defines “the academic teacher’s differentiated attitude towards these entities, the specific way of approaching the students and the learning situations, of handling and bringing into relief the values of the discipline he/she is teaching, of using the training methods and techniques”. (Postelnicu, 2000) Different teaching styles can be established: academic teachers who work in an orderly/disorderly manner, teachers who use stimulative/discouraging gestures and procedures, teachers who keep up/do not keep up with the latest developments in the field and teachers who introduce/do not introduce the new developments. Therefore, we can ascertain that the teaching style highlights what is specific to each teacher, his personal note in performing the didactic activity. The validity of a style can be established in a certain context; there is no single teaching style of teaching we can consider to be the most important and, from the perspective of the new tendencies in education, the academic teacher’s style of teaching can be only an innovative, communicative, balanced and responsible one. Noticeably, balance and measure, responsibility, democratization of interhuman relationships, open and honest communication is the desirable values that are promoted by the new higher education of today. The higher education teaching style is formed within the interhuman relationships of knowing each other, of communication and of sympathetic affection (according to the psychological needs felt by the students in their relationships with each other) and within

the relationships of cooperation, of conflict and competition (according to their process-like, dynamic nature). The academic teacher’s professional style of teaching is formed and perfected within the relationship with the learners he/she educates. The personality (roughly crystallized) influences relationships, but the interpersonal relationships also influence personality. These give birth to different psychic states (of satisfaction or insatisfaction, of certitude or incertitude), which determine the teacher to communicate, to emotionally and behaviorally respond. To sum up, we can ascertain that the teaching style refers to a set of teaching strategies, to a constellation of features to which the higher education teacher’s behavior in relation with the students is circumscribed. Therefore, the choice of the teaching style from among the numerous types available plays a special role in the teaching activity, aspect which will be developed with arguments in the following subchapter. 2. Choice and use of the most appropriate teaching style The quality of the teaching style in higher education cannot be analyzed and understood without knowing the polyfunctional possibilities of their diversity. Nowadays we witness an increased diversification of teaching styles because the complexity and variety of the styles of teaching, the presentation of different viewpoints on them have been and will be further supported by the existence of the prolific universe of the educational process existing at a certain point in time. (Cucoş, 2013) To these we underline the significant importance of bringing into discussion primarily the personality of the academic teacher, who can employ different styles in teaching with a view to accomplishing the teaching objectives at high quality standards. Thus, the choice and the quality of the teaching style become a necessity in the delivery of high-quality, efficient didactic teaching. The quality of a single teaching style of the teacher cannot be talked about unless


the different styles are taken into consideration, allowing for these to become reference points specific to achieving the act of teaching. In the renowned Romanian author’s view Dan Potolea, the teaching style of one and the same higher education teacher can be characterized according to the following categories of variables (Potolea, 1989): • the cognitive-epistemological emphases with regard to the importance the academic teacher plays on information or skills, or on the formation of attitudes among his/her students; • the particularities of the process of communication taking place between higher education teachers and students – clarity, coherence, organization, force of cognitive capture, persuasion; • the manner of guiding (controlling) the students’ activity – rigorous, step by step, encouraging the students’ autonomy in learning; • the characteristic social-affective manner – closeness to or distancing from the students, the prevailing use of reprimands or of encouragements; • the organizational-methodical preferences – the preference for lockstep activities, for the group or individual study activities, the preference for certain didactic methods. The teaching style designates a constellation of features which circumscribe the teacher’s behaviour in his/her relationships with the students. The style highlights what is specific to each teacher, his/her “personal” note in carrying out the responsibilities resulting from his/her own status. Even if the style of several teachers is relatively made up of the same elements, the rapport and manner in which they correlate differ from one another. There can be distinguished “individual styles – giving identity to each teacher, grouped styles – the teachers with similar particularities of style falling under the same category and generalized styles – representing general modalities of educational management, having the value of strategies”. (Sălăvăstru, 2006)

The most known classification of teaching styles is the one based on the criterion of the relationship between the teacher-manager and the class of students. (Dragomir, Pleşa, Breaz şi Chicinaş, 2000) According to this criterion, the following styles are distinguished: • authoritarian; • democratic; • permissive/free or laissez-faire. The authoritarian style is characterized by the control exercised by the higher education teacher, the students being in the position of performers. This type of academic teacher is the one who dominates and assumes responsibility for teaching and learning, being the one who praises and criticizes, encourages or punishes. The modern view with regard to the pedagogical relationship does not exclude, but necessarily presupposes the teacher’s authority. But this refers to the rational authority against which the functions of the teacher are amplified, who is no longer a resource of information and a “purveyor of restrictions and interdictions”. (Nicola, 1996) This refers to the real teacher-student cooperation, which can become objective only if the teacher’s general attitude towards the learning activity and towards the students is an appropriate one. The innovative meaning of his/her whole activity might take real form through an adaptable style involving a wide range of interventions and demands, in accordance with the individual differences between students. The authoritarian style of management is characterized by the fact that the leader/teacher determines the whole delivery of the activity: he dictates the techniques and the stages of the activity, establishes for each member of the group the didactic tasks and the colleagues the student will work with, purveys appreciations (reprimands and praises) in a personal manner, the students not being told what the assessment criteria are, keeps himself outside the concrete activities of the group. On behalf of the teacher, the authoritarian style presupposes imposition, decision-making and promotion of techniques of teaching and of having relationships with the students;

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establishes the time and the learning tasks for the students; limits the students’ initiative; takes total responsibility for the results of his/her actions; according to strictly defined criteria, unequivocally provides (positive or negative) sanctions for the students’ attitudes and learning results; emotionally, the higher education teacher-student relationship is cold and distant; effects: not liked by the students; has only very short-term positive results. In certain conditions, the authoritarian style proves to be useful too. For example, such conditions are the good structuring of the didactic task, the positive attitude of the group members and the possibility of providing rewards and reprimands in a fair way. “Therefore, we consider that the efficient teachers are those who know how to maintain a fair balance between strict and demanding control and the full freedom of decision of the class”. (Neculau şi Boncu, 1999) The democratic style is the one that manages to keep a balance in the higher education teacher-student relationship. The democratic style of management is characterized by the fact that the problems are discussed about and the decisions are made through the participation of the whole group benefiting from the encouragement and the support of the leader. The perspectives and the stages of the activity are outlined from the start. The leader suggests two or three techniques of handling the tasks which the group members can choose from. The latter are free to associate with whoever they want in order to carry out the tasks. The leader is obliged to justify the appreciations he makes on the individual and the group achievements. He tries to be an ordinary member of the group, without taking on too many responsibilities. In the process of teaching, the democratic style employs the participative possibilities of the students, their initiatives and expectations, which he makes useful use of in designing and running of the educational activities; the teaching-learning strategy is defined through teacher-student collaboration and cooperation; in terms of emotional and psychological atmosphere: there is an open climate, close

relationships between members, the teacher himself/herself behaving as a group member. It is the most efficient style, producing both psychic-social and didactic higher results. Each of the above-mentioned styles of teaching has advantages, as well as disadvantages. For instance, the authoritarian style results in the formation of the spirit of discipline, the acquisition of skills, being recommended for the sciences. The main disadvantage consists in the fact that the authoritarian style of teaching promotes conformity and lack of initiative. The permissive/free style is the opposite of the authoritarian style. The free style of teaching encourages the development of creativity, spontaneity, being recommended for the arts. The free style presupposes “passive” roles for the teacher through a low level of pedagogical standards of performance. The students have a great freedom of decision with regard to the stages of carrying on the activity and the methods used. The free style minimizes the psychic-social and didactic processes that define the activity. The academic teacher does not get involved in the students’ activity, but provides some materials and, if asked, gives further explanations without taking part in the discussions and showing interest in the course of events. The teacher has minimal initiatives and suggestions. He/she constantly avoids making positive or negative appreciations on the participants’ performance or conduct, does not receive feedback for adjusting his/her own behavior; this style is completely unproductive. In her turn, Daniela Creţu identifies a whole set of teaching styles, of which we mention (Creţu, 1999): • According to the teaching method:

expositive; interrogative;

• According to the mobility of the didactic behavior:

adaptable, flexible; rigid, inflexible;

• According to the management style: authoritarian; democratic;


• According to the place held by the partners in the didactic activity:

teacher-centered; student-centered; interactive;

• According to the modality of adjusting to the new:

open to innovation; inclined towards routine activities;

• According the emotional climate that is created:

close; distant;

• According to the ability for communication:

communicative, open; uncommunicative; reserved, restrained;

• According to the particularities of the process of communication with the students:

emotional-improvising; emotional-methodical; rational-improvising; rational-methodical.

From this wide range of the types of teaching style, we will further deal with some aspects that are characteristic to the styles of teaching and are classified according to the particularities of the process of communication. The emotional-improvising style is predominantly oriented towards the process of learning. The academic teachers adopting this style plan their course only “roughly”: being convinced that the students “are not machines that one can programme” (Golu, 1996), they take the liberty of changing the events of teaching, according to the mood of the students, to their motivation or to the difficulties that emerge. In their view, learning must be infused with emotion since the emotion caused by a well-handled dialogue strengthens the effect of the message. The students attend the courses as if they were “shows”, the auditorium becomes a “symphony” of the students’ colorful posters and papers, video-cassettes are used, the teacher plays emphasis on the emotional effect of his words, predominantly using the artistic skill, drama, surprise, because he tries every

day to do something special in order to bring into relief the aesthetic part of the studied knowledge, to capture the students’ attention. To this end, gestures have to be changed in the direction of the students, in accordance with the position towards them (beside or in front of them). (Klaus Fiedler, 2007) Hence, the types of gestures that define the teacher-student interactions must capitalize on the advantages of using this universal parameter. (Mărgăriţoiu, 2013) The students feel attracted towards this teaching style, but in a fuzzy/confused manner: the knowledge they acquire is dispersed, the indispensable intellectual skills are poorly formed and their participation in such lessons ultimately proves to be paradoxically quite reduced as they are rather in the position of “spectators” attending a show which involves moments of interactivity between “the actor-teacher” and the “spectator-students”. The rational-methodical style is situated at the opposite side of the previously described teaching style. It is a style of teaching oriented towards the results of learning. The teachers establish in advance the specific objectives to be achieved, complete thoroughly-delineated and “scientifically”-based didactic projects, develop the topics at a fast, yet small pace, give accurate instructions and explanations, provide many examples, constantly review notions, impose short independent tasks which they consciously correct, continuously assess students in order to check the quality of their teaching and see whether the rate of success is at least 80% in such tests. They are convinced that teaching is a science. The students acquire thorough knowledge and skills, but their interest in the studied subject matter taught in this style is low because the teachers concentrate on the means of achieving “operational”, sequential objectives, neglecting the general long-term goals, as well as the importance of the emotional atmosphere in which learning takes place. The emotional-methodical style and the rational-improvising style are “intermediate” variants of the two previously presented “polar” styles. The former associates the idea of an emotional atmosphere appropriate for

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learning with the care for not overlooking the specific objectives of an academic teacher’s activity. The latter continues to base teaching on the results of the science of education, but understands that the complete prediction and control of human behavior are neither desirable, nor possible. They are regarded as the most efficient styles since they stimulate the students’ interest in the subject of study and at the same time ensure thorough knowledge and stable skills, through a better balance of the stages of orientation, execution and control in developing the teaching-learning processes. The teachers are preoccupied to provide students with appealing topics, the types of tasks assigned to them are of great variety, encourage collective debates, frequently use positive appreciations for good answers, show less criticism in reprimanding the weak students, employ a great diversity of methods. According to another criterion (http://angigheorghe.blogspot.ro/2011/12/stilul-de-predare-al-cadrului-didactic.html), that of the attitude towards what is new, the teaching styles are classified as: • creative styles – characterized by flexibility, disposition for trying new ideas and modes of applying them; • routine styles – characterized by disposition for what is conventional, reluctancy to adapt to change. In the modern higher education system, an important objective is the employment of a creative teaching style that develops and gives value to the students’ creativity. Hence, it is important for each teacher to identify, know and differentiate the educational act according to the factors of personality which regulates the students’ creativity. (Constantin, 2004) In practice, these styles are not found in pure form, but rather mixed, having a certain dominant characteristic. The quality of a certain didactic style must be appreciated by taking into consideration the subject matter that is taught, the proficiency of the class of students, the individual psychic particularities of the students, the educational results.

By paraphrasing Ioan Cerghit’s statement (Cerghit, 2008) with regard to the didactic methodology, which has become classical in pedagogy, we can acknowledge that there is no good or bad teaching style, but there are situations in which one style or the other is properly or improperly used. The academic teacher must use all the styles of teaching for achieving the objectives of the subject matter he teaches, but these must be salient for the degree of proficiency and motivation of each group or class of students. So, the teaching process becomes a complex system of actions and behaviors. The job of the higher education teacher is that of looking for and finding the means that are necessary for ensuring the quality of the style of teaching. 3. Quality reference points of the teaching style The teaching style brings together the individual characteristics of the higher education teacher, his/her own way of interacting with the students, his/her genuine manner of educating students. In order to present the specificity of the quality of the teaching style, it is necessary to classify this concept by starting with the well-established definitions of quality. According to Joseph M. Juran, “the quality of a product refers to its aptitude of being good to use” (Popescu şi Brătianu, 2004) Another author, A.V. Feigenbaum considers quality as being “a whole set of characteristics of the service or of the product (related to marketing, conception, production and maintenance) by which the product or service satisfies the customer’s expectations while being used”. (Popescu şi Brătianu, 2004) According to W. Edwards Deming, quality depends on the extent to which the product or service satisfies a beneficiary in the conditions of low costs. (https://www.deming.org/theman/theories) Starting from these definitions, the quality of the style of teaching can be understood as being the total sum of the features and characteristics of the teaching style which ensure the formation of knowledge, attitudes

https://www.deming.org/theman/theories


and competencies of the students at high-quality standards. Thus, the following contents are to be figured out in the field of teaching style quality: • the quality of the academic teacher; • the quality of the teaching-learning-evaluation activity; • the quality of forming students at high-quality standards as future experts for different social, economic, scientific, military sectors, etc.; • the quality of teaching responds to the high demands of occupational and professional quality standards. Generally speaking, the quality of the teaching style takes real form in that behavior of the higher education teachers that does not confine itself to simply transmitting knowledge, but achieves an integrated approach of instruction, formation, learning and evaluation of students in accordance with the designed goals. At the level of the teaching-learning process, the quality of the teaching style presupposes the student-centered approach as being one of the main directions of action envisaged by the Bologna Process through the reform of the European higher education. Weimer (Weimer, 2002) identified five dimensions which are supposed to undergo change and implementation in order to accomplish this necessity of student-centered teaching. These are embodied in: the contents that are taught and their functions; the role of the teacher; the responsibility for learning; the assessment process and its goal, the problematic of involving students in the teaching-learning process and in control, respectively. The quality of the teaching style focuses on the quality of the student and the academic teacher is considered a “facilitator of the students’ learning (by promoting active learning), a counselor (by guiding the student in the process of acquiring knowledge), a mediator of knowledge, respectively (by creating educational situations which allow students to cognitively experiment)”. (Singer şi Sarivan, 2006) Therefore, in the context of the postmodern higher education, the teaching style will lay

emphasis on the student in his quality of future professional. The student is no longer perceived as a passive subject of the teaching process, but becomes a partner of the teacher in building his/her cognitive, axiological, praxiological and methodological dimensions, an active role in performing the instructive-formative activities, in the qualitative evaluation and in drawing his/her academic learning path and future expert pursuit. The higher education teacher is no longer concerned only with transmitting knowledge as product, but approaches teaching as a process, placing the student’s needs at the centre of his/her attention, by identifying and using a qualitative style of teaching, characterized by motivation, counseling and orientation. In this way, the quality of the teaching style is provided by an immediate perspective of forming the student’s personality and on a medium and long-term one, respectively, which is specific to the future jobs. (Crişan, 2013) If the immediate perspective takes the form of the quantitative and qualitative level of the knowledge, skills, competencies and attitudes, expressed through behavioral changes, the perspective that comes after graduating university depends on the way in which the student responds to the requirements of the labor market efficiently and permanently, as well as on the manner in which he/she contributes to producing the material and spiritual values necessary to the society, to the collectivity that he is part of and to himself/herself, too. The student of today must become the graduate of tomorrow, capable of knowing how to learn, how to store what is most important, useful and applicable, how to do what is necessary, being willing to do it. The academic teacher contributes to laying the foundation and to achieving high-quality higher education, by which a quality student is formed. Conclusions The quality of teaching in the higher education environment must be regarded and appreciated primarily through the quality of the teaching style. The new educational paradigms, which

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increasingly focus on involving the student, open up new opportunities for rethinking and even for reinventing the style of teaching on certain components and modalities of manifestation. Within this framework, bringing up into discussion the quality of the teaching style represents a new possibility for clarifying it and the personality of the higher education teacher. The style of teaching enriches its significances and applicative openings in terms of the quality of teaching, of the teachers’ and students’ quality. Thus, the quality of the teaching style essence consists in the high-quality effort of the teachers in forming students, so that at present and on the whole course of their future profession they can discover and create knowledge themselves. References

Ausubel, D.P., Robinson , F.G. 1981. Învăţarea şcolară. O introducere în psihologia pedagogică, Editura Didactică şi Pedagogică, Bucureşti.

Cerghit, I. 2008. Sisteme de instruire alternative şi complementare. Structuri, stiluri şi strategii, Ediţia a doua revăzută şi adăugită, Editura Polirom, Iaşi.

Creţu, D. 1999. Psihopedagogie – elemente de formare a profesorilor, Editura Imago, Sibiu.

Crişan, A.N. 2013. Strategii curiculare în învăţământul universitar, Editura Institutul European, Iaşi.

Cucoş, C. 2013. Educaţia. Experienţe, reflecţii, soluţii, Editura Polirom, Iaşi.

Diaconu, M., Jinga I. (coord.) 2004. Pedagogie, Editura Academiei de Ştiinţe Economice, Bucureşti.

Dragomir, M., Pleşa, A., Breaz, M., Chicinaş, L. 2000. Manual de management educaţional pentru directorii unităţilor de învăţământ, Editura Hiperborea, Turda.

Ezechil, L. 2002. Comunicarea educaţională în context şcolar, Editura Didactică şi Pedagogică, Bucureşti.

Fiedler, K. 2007. Social Communication (Frontiers of Social Psychology), first edition, Psychology Press, New York.

Golu, P. 1996. Stilul de comunicare educaţională şi eficienţa pedagogică. „Tribuna învăţământului”, nr. 339-340, 64-70.

http://angigheorghe.blogspot.ro/2011/12/stilul-de-predare-al-cadrului-didactic.html, accesat la data de 20 noiembrie 2014.

https://www.deming.org/theman/theories/fourteenpoints, accesat 13 noimebrie 2014.

Juran, J.M. citat în Popescu, S. şi Brătianu, C. (coord.) 2004. Ghidul calităţii în învăţământul superior, Editura Universităţii din Bucureşti.

Mărgăriţoiu, A., 2013. Gestul în comunicarea didactică. Valorificarea accepţiunii semiotice, Editura Institutul European, Iaşi.

Neculau, A., Boncu, Ş. 1999. Potenţialul creativ în profesia didactică, în Stroe, M., (coord.), Competenţa didactică: perspectivă psihologică, Editura ALL Educaţional, Bucureşti.

Nicola, I. 1996. Tratat de pedagogie şcolară, Editura Didactică şi Pedagogică, Bucureşti.

Postelnicu, C. 2000. Fundamente ale didacticii şcolare, Editura Aramis, Bucureşti.

Potolea, D. Profesorul şi strategiile conducerii învăţării, în Jinga, I., Vlăsceanu, L. (coord.), 1989. Structuri, strategii şi performanţe în învăţământ, Editura Academiei, Bucureşti.

Sălăvăstru, D. 2006. Didactica psihologiei. Perspective teoretice şi metodice (ediţia a doua revăzută), Editura Polirom.

Schaub, H., Zenke, K.G. 2001. Dicţionar de pedagogie (traducere), Editura Polirom, Iaşi.

Singer, M., Sarivan, L. 2006. Quo Vadis academia? Repere pentru o reformă de profunzime în învăţământul superior, Editura Sigma, Bucureşti.

Stoica-Constantin, A. 2004. Creativitatea pentru studenţi şi profesori, Editura Instiutul European, Iaşi.

Weimer, M. 2002. Learner-centered teaching. Five Key Changes to Practice, San Francisco, CA: Jossey-Bass.


Setting goals for career: from career planning to career management

Ionuţ VLĂDESCU

Sibiu Alma Mater University, Someşului 57, 550003 Sibiu, Romania Phone/Fax: +40 269 250008

E-mail: [email protected]

Abstact The beginning of a new professional position and setting goals for the first year on the job could represent the most important steps in professional development. The graduate is facing with a new reality, a different work environment with fundamental differences between university and economic realities of contemporary work life. In the context of lifelong learning society, despite the general competences and professional expertise, building a career implies on-going training and commitment. This paper builds upon those issues concerning the strategies for adjusting to a new professional job and the first year, thoughts about quitting or staying at the first job, the emotions and feelings normally accompanying the process of professional employment in the first year after graduation. Keywords: career, psychology career, planning careers, career education, career counseling, professional career management, vocational guidance, sinecty. Rezumat Debutul într-o nouă poziţie profesională şi fixarea scopurilor pentru primul an de muncă pot reprezenta cei mai importanţi paşi în dezvoltarea profesională de mai târziu. Absolventul se confruntă în această situaţie cu o nouă realitate, cu un mediu de muncă diferit, care înregistrează schimbări fundamentale între universitate şi realităţile vieţii contemporane. In contextul unei societăţi care valorizează învăţarea permanentă, în afara competenţelor generale şi a expertizei profesionale, construirea unei cariere implică pregătire continuă şi responsabilizare. Lucrarea de faţă îşi propune să abordeze strategiile de ajustare la specificul unui nou loc de muncă, cu toate gândurile şi emoţiile care însoţesc procesul de inserţie profesională în primul an, imediat după absolvire. Cuvinte cheie: carieră profesională, psihologia carierei, planificarea carierei , educaţie pentru carieră, consiliere în carieră, managementul carierei profesionale, orientare vocaţională, conceptul de sinectică.

Many experts in education, generally speaking, and in career planning, specifically, believe that university graduates are not helped appropriately to prepare for the adult life changes, to realize that transition can be difficult, things can feel very unsettled, feelings can change quickly. Briefly, no one teaches a graduate how to move from the world of the university to the world of employment! There are other many questions without any answer at the time of graduation: how to approach a job offer? What are the goals for the first year of the professional employment? What kind of specific information is needed to help a graduate to solve career problems and make career decisions at this point of his/her career? There are no doubts: the transition from

university to a full-time job is difficult! According to the many views of employers in different domains of activities, the university graduates are poorly prepared for the new and changing workplace. In general, the problems do not reside in the content or academic areas. The problems new graduates struggle with are lore likely to be relational and personal competencies, which are skills not directly taught in the classroom. Consequently, experts in career guidance and counseling field try to analyze the school and social reality and answer to these particular questions in order to understand how to cope with the differences between the university and work environments: how will the student lifestyle change as a new hire? What kind of new relationships can expect? What particular areas

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Ionuţ VLĂDESCU – Setting goals for career: from career planning to career management

might be most troublesome in the context of changes in lifestyle and routine? What kinds of things can an university student do for completing his/her degree in order to help him/her prepare for the first day on the job? It is already well-known that some people have jobs, and others have careers. Many others even don’t understand the difference between the two. Simply, the word job refers to work, which may be temporary. On the other hand, the word career implies training and commitment in many domains of activity. No bachelor’s degree or higher is only necessary to have a career. A career is what you choose to do as your life’s work. A career implies success in what you have chosen to do and an accompanying sense of personal and financial well-being. What kind of work do I want to perform for the rest of my life? Where are my current work experiences taking me? Are there any paths to the ideal career? Do I have a plan or a strategy for attaining my career’s goals? Unfortunately, many graduates and adults with work experience don’t have appropriate answers to these questions. Career planning or counseling, specifically in Romania, has no a longer tradition and many began careers with only vague ideas about their goals and how they could achieve them. Just having the necessary personality, values, interests, and skills and attitudes will not ensure someone an opportunity to perform I his/her preferred career. Some career opportunities do happen by chance, but an informed person need to learn about potential jobs which may use his/her talents and how to communicate potential skills, abilities and talents in order to be hired. The answer is career planning. Anyone who wants a successful career at some point needs to have a career plan. Career planning can benefit individuals entering a career immediately after graduation and this is the situation we are going to focus on in this paper presentation. Major benefits of career planning are (Reardon, 2000): (i) improved self-awareness and self-understanding; (ii) knowledge of various career fields; (iii) effective decision making skills;

(iv) information pointing towards the location of available careers , and (v) skills for marketing yourself. From this perspective, an effective career planning involves: - assessing personal skills and values; - planning; - stating career goals, and - commitment regarding those goals personally assumed; - applying steps to achieve the goals, and - evaluating the results. - But, in order to become successful, a career planning needs to be a lifelong process! All these issues are associated with the reality of the new job. In one of his books, Professor Daniel Feldman (1987) pointed out his observation about the “entry shock” of university students into new jobs. Trying to help graduates to familiarize easily with this new reality, professor Feldman has underlined some points of comparison between: (i) the university and job cultures; (ii) the attitudes and behavior of professor and boss, and (iii) the nature of the learning process at the university and on the job. Reviewing and thinking about these differences might help university graduates in the first year on the job to develop metacognitions that will be more useful in the employment setting. According to Feldman, the university culture means: flexible time schedule; skipping class sometimes; feedback more regular and specific; long vacations; correct answers to problems; clear assignments; individual competition for grades; rewards based on objective criteria and merit. Comparing to those issues, a job culture pay attention to different rules and procedures, like: more rigid time schedule; impossibility of skipping work; irregular and infrequent feedback; no summer vacations and few holiday breaks; very few right answers to problems; vague and unclear assignments; evaluation based on team performance; rewards based more on subjective criteria and personal judgments.

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As far as the learning process is concerned, university environment values abstract and theoretical principles; formal, individualized, and symbolic learning, comparing to working environment where learning process is more focused on concrete problem solving and decision making; real life; socialized, shared learning. The differences are obvious! In order to minimize the negative consequences of this “entry shock’ described above and based on the Feldman’s observations, the experts in this field advise university graduates to pay attention to ten possible areas of adjustment which require the development of new metacognitions. In moving from the culture of the university campus to the culture of full-time employment, these new ways of thinking about graduate as a new hire enable him/her to more effectively solve related problems and make appropriate decisions. Those ten possible areas of adjustments refer to (Reardon, 2000): - theory to practice; - work routine; - organizational structure; - unrealistic expectations; - cooperative attitude; - accepting responsibility; - management philosophy; - recognizing inadequacies; - adjusting to new locations; - communication. In this context, the adjustment to the professional work life becomes crucial in the transitions to professional employment. Other authors consider the areas of adjustment divided into three parts, as follows: (i) the job culture; (ii) personal life after graduation, and (iii) first-year financial management (Greenberg, 1991). Each area deserves a special attention and is particularly important in setting-up a more effectively thinking way about solutions to problems associated with starting a new job. Some of Greenberg’s suggestions for adjusting to the culture of the work organizations include skills in managing the clock, the boss, and coworkers, as well as skills in handling supervisor feedback in a

positive way! At his turn, Matthew Hennecke suggested that there are three basic kinds of culture in an organization (Hennecke, 1998): - market, where the culture emphasizes monetary rewards in order to attract and keep their employees, and is not likely to emphasize prestige, personal development or other values to motivate people. - bureaucratic, where the culture emphasizes how far and how fast a person can advance within the organization. To attract and develop their employees, this culture focuses on employee’s influence and power, status, rapid advancement and increased management responsibilities. - professional, where the culture is focused on the value of the work an employee does, offering the opportunities to engage in meaningful and challenging work, rewording independence and autonomy, creativity and exploration of the new ideas. Knowing this information and having a better understanding about these three basic kinds of organizational culture, an university graduate should be able to develop an appropriate strategy for adjusting to the first job and planning the first year of professional employment. There are several strategies a graduate might adopt to increase the likelihood of positive evaluation at the end of the first year on the job. One of them is concerning the inservice training. Some of the training may be on the job, and some may be off-site (e.g. attending workshops for a day or a week; completing a study course or examination to obtain credentials required by the job, etc.). As a new employee at the first job, it is very important to expect to spend considerable time in training, taking benefits from these training opportunities with a positive attitude and enthusiasm. Communication skills represent another important strategy to pay attention to, especially in the first six months on the job. The development of the communication skills in a work environment mainly refers to the employee’s ability to present his/her ideas in face to face discussions, staff meetings, or

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Ionuţ VLĂDESCU – Setting goals for career: from career planning to career management

large group presentation, depending finally on his/her ability to make effective presentations. In line with these strategies for adjusting to the first job, Bradley Richardson and Bruce Tulgan provided ten suggestions for making a successful adjustment from university into the first professional position. They advise the university graduates to take into consideration the following (Richardson, 1997): - Learn the business and understand the culture (before you try to change it!). Learn about the new work organization by reading its history, learning how the different departments interact, talking with workers in many different areas, studying about organizational behavior etc. - Learn to work solo. The new technologies - web, e-mail, fax, cell phone - have changed definitively the boundaries of the office. Nowadays, all of us need to develop skills to work in nontraditional ways and to be self-motivated and self-directed in work. - Be your own PR machine. Doing good work is essential, but is not enough! If this work is not noticed, it will not be probably rewarded. Keeping others informed about your work, the progress of different projects, sharing interesting articles and ideas with the colleagues, keeping your resume and your personal web page updated are only few things someone can do in order to increase his/her chances to be noticed and get better opportunities for a good job. - Network. It would be a good idea to join professional associations or trade groups in order to keep abreast of changes in the field, maintain contacts, and receive job offers. - Get beyond networking. This refers to investing in long-term relationships with individuals who are creating values in an organization, and could include a mentoring relationship. - Reinvent your role. A new employee, after learning about culture organization and its history, trying to contribute value to the organization, might begin to develop proposal for changing his/her role, for creating a new job description that encompasses what he/she thinks is needed in the organization. - Don’t complain about grunt work. It is

important not complain about these errands, but use them as an opportunity to learn about the organization and the other people who work there. - Doing what you like to do is important. If the first job doesn’t really make the person happy, he/she probably won’t do very well, and the results will show it. This is why developing a better understanding of personal skills, interests, and values a graduate could increase his/her chances to get a better job, more suitable with the personality profile and structure. - Project management. Taking control of your own schedule on the job is one of the most important dimensions relating to this issue (who’s responsible, for what task, what is the deadline, keep people informed and get feedback etc.). One study found out that 35% of management graduates reported planning and executing a project as one of their first assignments in a new job, without benefit of written instructions, sample or mentoring. - Multitasking. A new job requires a person able to focus on more than one task at a time. For those of us who like to concentrate on just one thing, this can be really challenging. Balancing multiple responsibilities and opportunities requires some new metacognitions involving self and time. There are certainly no real “secrets” being revealed in this ten items listed above, but they do serve to specify metacognitions that might be useful in approaching a new work situation, specially when we are talking about the first professional employment. In line with all above, one of the paper issues is also to underline the several key-ideas related to the way of moving slightly from career planning to career management. The career planning has not ended at the time when a person starts a new job. Professor Feldman suggested that effective career management ultimately depends on excellence in job performance (Feldman, 1987). There is no substitute for outstanding work, there are no shortcuts, and ethical behavior produces always long-term benefits. One of the most important issues is to think that career growth

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is “not a matter of luck”, or “just knowing the right person and being in the right place at the right time”. However, one can increase the possibilities of luck by working hard, being active in professional and community groups, networking etc. In this sense, luck an be managed and controlled for one’s personal career gain. Career growth also means “challenging one’s personal status quo”, maintaining a state of unease by constantly striving for professional growth. Although the path of growth can mean less security, it can also mean a richer career journey. Viewed another way, maintaining his/herself with a safe, narrow specialization, a new employee is less useful to employers who are seeking people with broader skills, who can lead and manage systems and organizations. In other words, career development is a partnership, a system of relationships between yourself and other important people in your life. A successful career is closely related defined. Success means being good all the time, achieving excellence at all points of the job, even when is not convenient and easy. Moreover, career success depends on how you think about it! Conclusions In order to sum up all these ideas mentioned above, related to planning career in the first year of professional employment as a new university graduate, approaching appropriately the first job in life, adjustment to the new reality facing with, there are some critical starting questions which need an immediate answer: • How does this job match your most important interests, values, skills, and related personal characteristics? • Are your personality, values, and ways of behaving a good fit for the culture of this organization? Answering to these questions an university graduate shows self-knowledge and knowledge of options, which are particularly important in exploring occupational and

educational alternatives, and it also has a role to play in helping the person to start in his/her first professional position. In this position, sometimes, he/she might feel alone, lost, uncertain, or overwhelmed. Some of the difficulties might stem from the differences between the culture in university and the workplace. These kinds of feelings during the first year in the new job may signal that a career problem exists or that decisions need to be made. On the other hand, it may be difficult to make commitments given all the opportunities for growth and learning that are presenting themselves in a very short time. This is why a crucial point in the feelings about the new job is represented by communication issues. The quality of the relationship with the new boss, and/or the coworkers becomes very important and determinant for the new career which is about to start. As we already mentioned, the ability to think strategically and effectively is a critical aspect of the process of adjusting to a new job and moving ahead during the first year of professional development. Adjusting to the new job means taking responsibilities, not being a passive observer in this process, but taking action to create situations and environments that will foster the career development. References

Feldman, D.C., (1987), “Critical Choices in Early Career Planning”. Unpublished paper read at the Beta Gmma Sigma Initiation, University of Florida, USA, pp. 37-43;

Greenberg, R. M., (1991), “Enjoying carrer start-up: Surviving the Transition from college to career”, Knoxville, TN: Career Services, University of Tennessee;pp.54- 84

Hennecke, M.J., (1998), “Finding a corporate culture to suit your career goals”, Princeton University N.J.;p.24-73

Reardon, R., Lenz, J.G., Sampson, J.P., Peterson, G.W., (2000), “Career development and planning. A comprehensive approach”, Wadsworth, Brooks/Cole, pp. 323351;

Richardson, B., Tulgan, B., (1997), “Tools for life”, Greensboro/CASS Publications., pp.9-29.

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Ion CIOBANU – Contemporary cultural industry and its educational determinations

Contemporary cultural industry and its educational determinations

Ion CIOBANU

Alma Mater University of Sibiu, 5-7 Someşului Street, Sibiu, Romania, Phone: +40-269-250008, E-mail: [email protected]

Abstract Contemporary media, the speed and extent of communication processes, production and dissemination of cultural property, easy access to such products through globalization due to the internet have created the idea that this “democratization of culture” is beneficial to educational processes. However, there are many thinkers who point out that this veritable “cultural industry” is oriented towards aspects that distort the authentic culture, deform it, change its contents and converts it exclusively into a product for the market, trade, entertainment which ends into material profit. From here to the negative implications for education there is no more than a step, a step which has already been done, for many individuals absorbed into the mainstream culture! Keywords: culture, education, mass media, cultural industry, media culture, ideology. Rezumat Mass media contemporană, rapiditatea și amploarea proceselor comunicării, producția și difuzarea bunurilor culturale, accesul facil la astfel de produse prin globalizarea dată de internet au creat ideea ca această „democratizare a culturii” este benefică proceselor educaționale. Există însă numeroși gânditori care atrag atenția că acestă veritabilă „industrie culturală” este orientată către aspecte care denaturează cultura autentică, o deformează, îi schimbă conținuturile și o transformă exclusiv într-un produs destinat pieței, comerțului, încărcat de divertisment și care are ca finalitate exclusivă obținerea unui profit material. De aici până la implicațiile negative pentru educație nu mai este decât un pas, pas care, pentru mulți indivizi absorbiți în cultura de masă, a fost deja făcut! Cuvinte cheie: cultură, educație, mass media, industrie culturală, cultură media, ideologie. The rapid changes generated by the industrial revolution, urbanism and media development caused changes in the field of production and reception of culture, and of art works. In a diachronic approach, large circulation media, with increasingly lower production and distribution prices, literacy through the development of public and private education, the cinema, the radio (and later television and now the internet), the pocket book etc., have “democratized” culture, making it accessible to those who, some time ago, had neither the economic nor the cultural resources (especially those related to reading and writing skills in the national language) to enjoy its benefits. On the other hand, large-scale production and distribution of cultural goods has raised fears regarding the uniformity of culture, the erasing of the distinctions between high culture, accessible to the initiated, to the scholars, and mass culture, the loser in this process being

considered authentic culture itself, the engine of progress, through its decline generated by the conformism and atrophy specific to the new “democratic” culture, mainly supported by the media technologized at an unprecedented level. According to Theodor Adorno (1990/2001, 257), the term of cultural industry was probably first used in the work The Dialectic of Enlightenment (or The Dialectic of Reason, starting from the translation from French - La dialectique de la raison) which the former published together with Max Horkheimer in Amsterdam in 1947. Originally, the concept was used to describe “contemporary mass culture”, radically different from traditional mass culture or popular culture, with origins in folklore. The two authors, who in the 20s-40s of last century had set the foundations of the Frankfurt School, preferred term culture industry (Theodor Adorno used the singular,

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mailto:[email protected]


never the plural cultural industries) in order to distinguish it from mass culture, which means that the cultural industry is not a new form of folk art or a mass phenomenon originating from the mass itself. In summary, the concept of cultural industry is based on the following findings (according to Rieffel, 2005/2008, 93 and Drăgan, 2007, vol. I, 507-508): • the new culture is dominated by technical rationality, rationalization, standardization of production and distribution, the similarity in content, style, ephemeral-consumerism-generating stereotypes (the new culture is industrial especially in the sociological sense, by incorporating industrial forms of organization and technological rationality: the lack of investment in this area produces crises or similar consequences as in any other industrial domain); • contemporary culture has become an industry producing culture in the form of consumer goods, of merchandise, subject to the laws of the market, to trade, competition and profit; • the produce of cultural industry involve contents characterized by a gap between the manifest message and the hidden message, the impact of these productions being alienating and manipulating for the consumer, but also inhibiting the critical function of culture. Theodor Adorno (1990/2001, 258) remained faithful to the original thesis about the contemporary cultural industry, as now, he considered, cultural industry no longer needs to seek or obtain profit, its immediate interests moving in the field of “ideology”. According to the same author, the film is the “central sector of the industry of culture”, as each film desires an air of originality, individuality, distinction from the others, but, in fact “individuality itself serves to reaffirm the ideology/.../”. Its ideology makes use of the image of stars, a method borrowed from its individual art and its commercial exploitation. “The more dehumanized the operating methods and content, the more successful the culture industry in promoting great personalities” (Adorno, 1990/2001, 259). The culture industry has an important role in the spiritual formation of the masses, a strong

enough reason to reflect on the objective legitimacy of its content, even if there are supporters who argue that cultural goods (works of art) in one form or another, have always undergone a trade process (sale and purchase) and that the role of new cultural industry is to meet the requirements of a certain segment of the market demand for goods and services, to inform, to give advice, to reduce stress and not finally, to promote certain behavior patterns. In fact, the same outstanding representative of the Frankfurt School argued, “the advice we receive from the manifestations of the cultural industry lacks content, is trivial, or even worse, promotes behavior patterns which themselves are shamefully conformist” (Adorno, 1990/2001, 260). Definitely, such a finding must be put under scrutiny by all representatives in the field of training, especially by those dealing with the organization of formal education. Finally, the consensus promoted by the cultural industry strengthens the opaque, blind authority and induces a retrogressive development of the consciousness of the individuals, a cultural involution and the call to order or to respecting the rules (not taken seriously even by the products of the new culture) become useless. “The concepts of order which the cultural industry prints in the consciousness of people are always those of the status quo. They remain un-researched, un-analyzed and alleged, even if these concepts do not have substance for those who accept them. In contrast to the Kantian imperative, the categorical imperative of the cultural industry has nothing in common with freedom. It proclaims: you need to conform, without being told to what; conform to what exists anyway to what is anyhow believed by anyone as a reflex of power and of the ubiquity of this imperative. The power of the culture ideology caused the consciousness to be replaced by confirmation. The resulting sequence is never confronted with what it claims to be or with the real interests of the people.” (Adorno, 1990/2001, 261). The conception of the theorists of the Frankfurt School was not without criticism.

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Ion CIOBANU – Contemporary cultural industry and its educational determinations

British Cultural Studies (Birmingham School), for example, were originally targeted (see Kellner, 1995/2001, 49) on issues considered important for the era we live in (the way in which individuals create their own identity and their own way of life, employing its cultural availabilities; the way in which the media produce identities, concepts of life and behaviors that integrate the individuals into the official culture; identifying and analyzing existing practices and cultural institutions within the power networks, mentioning both how culture provides the means and forces involved in the domination discriminated groups according to class, gender, membership to a national or ethnic minority etc., but also the resources of the resistance and opposition of the same groups). Members of the Birmingham School rejected the term “mass culture” because of its elitist connotation and the assumption of an opposition between high and common culture (beyond the assumption that an unique mass culture means the absence of contradictions and differences and the dissolution of groups and activities in a not so neutral and unifying homogeneous concept – mass ). The phrase “popular culture” has not been used consistently and with a single meaning. Thus, while British cultural studies have used it to describe the culture of the working class, the term “popular” has been commonly used in South America to describe art produced by and for the people (as a manifestation of its experience and aspirations), other than that resulting from official, hegemonic cultural creations, understood as colonial. Starting from the referral of the instability of the used concepts and from the criticism of the ideas of the Frankfurt School, Douglas Kellner (1995/2001, 46-50), professor at the University of Austin, Texas, proposes the concept of “media culture” (and the activity of “media cultural studies”) in an attempt to avoid using terms that are considered ideological (high culture, mass culture, popular culture) and to incorporate the contents of this concept both in the nature and

in the form of the artifacts of cultural industries and their modality of production and distribution, especially of culture through technology and media industry, all of which are contextualized. In an attempt to argue the necessity of adopting this new concept, the quoted author believes that the distinction between culture and communication is understood in a rigid arbitrary manner, while in reality the two are strongly related: culture is communicational is by its very nature, while communication is mediated by culture, being the way in which culture is disseminated, updated and streamlined. At the same time, the concept of “media culture” has the advantage of suggesting that nowadays “mass media colonized culture”, dominate the entertainment and even the culture understood in its largest meaning. In addition, the media have become the main tool for the distribution of culture on a global scale, which makes contemporary culture a media culture: “therefore media culture is the dominant form and the scene of culture in contemporary societies.” (Kellner, 1995/2001, 48). References

Adorno, Theodor. [1990] (2001). Reconsiderarea industriei culturii. În J.C. Alexander şi S. Seidman, (coord.). Cultură şi societate. Dezbateri contemporane. (pp. 257-263) Iaşi: Editura Institutul European.

Alexander, Jeffrey C. şi Seidman, Steven (coord.). [1990] (2001). Cultură şi societate. Dezbateri contemporane Iaşi: Editura Institutul European.

Boari, Vasile, Borbély, Ştefan şi Murea, Radu (coord.). (2010). Identitatea românească în context european. Cluj-Napoca: Editura RISOPRINT.

Cuilenburg, J.J., Scholten, O. şi Noomen, G.W. [1991] (2000). Ştiinţa comunicării. Bucureşti: Editura Humanitas.

Drăgan, Ioan. (2007). Comunicarea. Paradigme şi teorii (vol. 1 şi 2). Bucureşti: Editura RAO International Publishing Company.

Dungaciu, Dan. (2004). Naţiunea şi provocările (post)modernităţii. Bucureşti: Editura Tritonic.

Kellner, Douglas. [1995] (2001). Cultura media. Iași: Editura Institutul European.

Rieffel, Rémy. [2005] (2008). Sociologia mass-media. Iaşi: Editura Polirom.

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The results of the communication skills in psycho-pedagogical activities

Ionuţ VLĂDESCU

Sibiu Alma Mater University, Someşului 57, 550003 Sibiu, Romania Phone/Fax: +40 269 250008

E-mail: [email protected]

Abstract It is known that socialization plays a basic role in personal development, this being essential in childhood. Lack of communication skills and self-knowledge and cause difficulties in social integration of children of any age, so now is the growing emphasis in schools on activities aimed at developing these skills. Training of communication skills is important for teachers in their pedagogical counseling and for those who benefit from education. Education is the most communicative sphere of activity. It is necessary that psycho counselor in his model, being aware of the specific goals and objectives pedagogical advisers, having himself communication skills necessary to find the best opportunities to develop communication skills in students. Keywords: educational competence, school curriculum, pedagogical situation, psycho-pedagogical counseling, educational technologies, learning situations, educational system, empathy. RezumatEste cunoscut faptul că socializarea joacă un rol de bază în dezvoltarea personală, acest aspect fiind esenţial în copilărie. Lipsa unor abilităţi de comunicare şi de autocunoaştere pot determina dificultăţi în integrarea socială a copilului de orice vârstă, de aceea în prezent se pune un accent tot mai mare în şcoală pe activităţi orientate spre dezvoltarea acestor abilităţi. Formarea competenţelor de comunicare este importantă atât pentru profesorii în activitatea lor de consiliere psihopedagogică, cât şi pentru cei ce beneficiază de educaţie. Educaţia este cea mai comunicaţională sferă de activitate. Este necesar ca consilierul psihopedagog prin modelul său, fiind conştient de specificul scopurilor şi obiectivelor consilierii psihopedagogice, având el însuşi competenţele de comunicare necesare, să găsească cele mai bune oportunităţi de dezvoltare a abilităţilor de comunicare la elevi. Cuvinte cheie: competenţa educaţională, curriculum şcolar, situaţie pedagogică, consiliere psihopedagogică, tehnologii didactice, situaţii de învăţare, sistem de învăţământ, empatie. It is known that socialization plays a basic role in personal development, this being essential in childhood. Lack of communication skills and inter-self may cause difficulties in social integration of children of any age, so now is the growing emphasis in schools on activities aimed at developing these skills. The way we communicate is taught from childhood by imitating people considered models. The first models were our parents and teachers. Students learn to communicate by watching others, and the teachers are role models for many of them. Teacher competence in educational action designates the ability to behave in a certain way in a teaching situation. Networking adequate and specific communication between teacher and student advisor is one of the prerequisites of an

effective counselors. Matching teacher’s skills and curricular changes in the school system must take into account the factors that led to the curriculum reform. The major trends of curriculum reforms at European level consist of education for all, the relevance of the curriculum to the individual and society, the development of desirable attitudes and values, skills, critical thinking, concern, the adequacy of training to the needs of each individual, maximizing the potential of every child and student-centered learning, holistic assessment of performance. The Evolution theory and the methodology of curriculum request from teachers new skills. The idea of "education for all" or better-said, education is tailored to each student, oriented the teacher’s competence to adapt to diverse

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Ionuţ VLĂDESCU – The results of the communication skills in psycho-pedagogical activities

learners, to support its acquisitions, the motivation to achieve superior performance and development of skills for lifelong learning. In recent years we have seen a significant increase of youth interest in the development of communication skills, knowledge of effective communication techniques. Jurisdiction pedagogical advice is given and the level of development of its communication skills. A powerful teacher with pedagogical counseling skills is one that fails to understand, appreciate and interpret reality to his students, to communicate with them effectively, to help them adapt well to requests, directing them to develop their own personality to social and personal fulfillment. To develop desirable attitudes and values, student teacher must create learning situations designed to develop such attitudes; to handle data conflicts opinions / different attitudes between individuals or between individuals and society, to assess the development of attitudes and values in students. Without communication skills being developed, the teacher will not succeed in the psycho-pedagogical activity. The modern theories model considers necessary to replace the teacher as a "specialist in a field, soon overtaken by developments in science '' with the teacher-trainer, able to adapt to the new. (Stog, 2000). The teacher-student relationship is one of cooperation, trust and mutual respect. The student does not feel "controlled", but supported. The teacher must be more of an organizer of learning and a link between the student and society, mediating and facilitating access to information. It is particularly important that the teacher training system to respond to these new developments in curriculum, technology staff (teaching and learning methodologies) and educational materials that teachers must be trained to use them properly. Training of communication skills is important for teachers in their pedagogical counseling and for those who benefit from education. Education is the most communicative sphere of activity. The main problem is limited to those who teach on how to make the student to

be able to achieve curricular knowledge. When we talk about pedagogical counseling, the main protagonist, director, strategist, teacher is the teacher who specialized training beyond high quality, must have high communication skills. The power sign of the educator aims pantomime acting and in this case, he must have a broad range and variety of facial displays and gestures suggestive selected appropriate and prompt used when appropriate by a refill or reinforcement of verbal messages. An immobile face, expressionless, associated with a small gesture, the routine and mechanical appalled students. More important than the force of competence, is the communicative language skills of the teacher. Linguistic competence is a concept of maximum coverage; it expresses basically the person's ability to use language as a socio-cultural phenomenon tool. It is understood that teachers, regardless of the discipline they teach, must be excellent swindlers of language in communicating with students in the classroom, have a high degree of following capacities: - Verbal ability; - Linguistic performance; - Linguistic productivity; - Media literacy. Language productivity is situated substantially in quantitative domain, attaching the self-supplying speaking capacity of a person to the specific repertoire of signs in a given time, using various criteria. Proficiency combines the quantitative part with the qualitative one, consisting of all messages designed and issued by a teacher in a subject, a theme, an argument of communication also in a given interval. Proficiency is a benefit to the verbal discourse encompassing verbal productivity, due to a certain linguistic exhortation. Verbal ability is a unifying pillar of Language Competence, expressing qualitatively-only teacher ability to operate on the fly, even during the speech, to select the most appropriate words from the repertoire of signs, to issue sentences as suggestive and evocative in a coherent message.

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Media literacy teacher includes desire, willingness, availability, openness, creating opportunities for communication and their exploitation by the plenary power to communicate. Media literacy teacher is, therefore, essentially the degree to which the communicating knowledge and has the characteristics of the interlocutor and produces therefore a message that is understood in the right way intend this source. Marin Stoica summarizes the characteristics of the teacher’s communication competence as it follows: 1. Intelligence as a tool for understanding the invention and successful in solving educational situations; 2. Memory speed shown and storage of information in recognition and reproduction of selectively; 3. Ability to communicate: fluency, vocabulary richness; speech with aesthetic attributes; emotional charge; ectosemantic message; 4. Logical thinking and divergence which enables systematic analysis of a problem from several angles, finding the most efficient solution to solve; 5. Spirit of observation developed scientific curiosity and initiative; 6. Constructive imagination that allows him to make every lesson a creative act with openness to life's problems; 7. Attention focused, and distribution in several directions: the content of communication, as exposure, audience and its reaction to the message presented didactic; 8. Diction: clear and correct pronunciation of words, accents logical basic ideas and short breaks to emphasize the essential psychological (Orosan, 2005); If I remembered about verbal and nonverbal communication skills of the teacher, it must be also mentioned the need of acquiring and / or using textual communicative skills such as: (Neacşu, 1990)

- Perception of different levels of abstraction of the various types of language; - Understanding the relationship between lexical and syntagmatic values; - Knowledge and appreciation of the value of punctuation and other graphic media; - Capture and correct assessment of contextual values; - Distinguish between the essential and accessory in a written text; - Work-based learning techniques of written information - dictionaries, books, graphs, charts etc.; - Mastering techniques of asking questions, based on information; - Ability to summarize and draw inferences; - Integration of knowledge gained through personal experience written information etc. As previously mentioned, the curriculum is focused on skills. The school has a single purpose - to prepare students for the future, developing their strengths. The student studying over the years, must reach a person able to orient in life through effective communication in different situations, able to express their attitude towards ethical and aesthetic values, ready to acquire knowledge independently and skills required - a personality with a body of knowledge, attitudes and communication skills developed during schooling. Although there are many signals on the need to review the professional behaviors, educational practices continue to be dominated by excessive authority that maintains a monopoly upon the teacher’s speech cases, unduly controlling its contents. There is also a tendency for educators to show more patience and empathy for students with high performance and to offer more opportunities to respond to the mediocre of whom only some are ambitious and rises to the level the strong, but a good part of them becoming even weaker. In these conditions persist some reasonable questions that relate to the fact that students engage in dialogue than school, although their freedom of expression and expression increased significantly and what can be done to help students to develop freely without ideological constraints.

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Ionuţ VLĂDESCU – The results of the communication skills in psycho-pedagogical activities

These are just some of the problems whose solution is possible in the case when teachers, having communication skills required in their pedagogical advice, could lead to more efficient communication processes taking place in the school context. Causes for students involved little or no academic dialogue are sometimes objective reasons, and sometimes subjective, unreasonable. Even when it comes to subjective causes, the finding of that fact is not able to solve the problems. A successful educational intervention after identifying the causes recourse to develop actionable strategies to counter adverse events and promoting the positive. Following a case study conducted on a representative sample of 68 high school students from grades terminal, they were asked to specify the personal reasons for not participating effectively in the lessons. After processing the responses have been identified the following categories of cases: - Temperamental nature: introverted, unsociable, uncommunicative, shy, passive; - The load in school tasks; - Attractiveness that has teacher; - Attractiveness that has subjects; - Stimulating ability of the teacher; - Stimulating ability classrooms; - Personal satisfaction that gives interaction; - Satisfaction interpersonal interaction they provide; - The extent to which interaction can meet expectations, hopes and aspirations of the student; - Climate psycho institution liberates you explicitly and implicitly. Students rely in particular causes not so logical, rational, and specially, causes of sensitive, emotional order. The best opportunities to develop communication skills proved to be offered by communicative exercise itself. Scholarly theorizing can only explain some issues of fairness. And precision of expression, but can not solve the real bottlenecks and obstacles that we all feel when we are in direct confrontation with an interlocutor. For these reasons we believe that educational practice is

necessary that He give students opportunities to communicate. From this point of view, the school has made a real mentality that requires completely revised; communicate does not mean to multiply speech acts. This implies that for engaging students in the communicative process we must not claim to speak much, but they will find ways to increase student-student interactions in terms of information exchange and interpersonal. Communication skills training involve developing the following skills: - Active listening; - Dialogue; - The appropriation and use of politeness formulas; - Empathic capacity development; - The development of assertive communication; - Of compliance of oral and written communication; - Knowledge of body language and verbal It is evident that strong discouragement and frustration affect human relationships today. Many give up communicating, and the main cause of this feeling is fear unconscious psychic experiences to share with others. Communication problems in most interpersonal relations are rooted in habits learned in school. It is necessary that psycho counselor in his model, being aware of the specific goals and objectives pedagogical advisers, having himself communication skills necessary to find the best opportunities to develop communication skills in students. Refrences

Baban A. (coordonator). 2001. Consilierea educaţională. Cluj-Napoca.

Butnarii D. (coordonator). 1999. Consiliere şi orientare şcolară. - Iaşi: Editura Spiru-Haret.

Cosmovici A. 1998. Psihologie şcolară. Editura Polirom, Iaşi.

Creţii C. 1997. Psihopedagogia succesului. Editura Polirom, Iaşi.

Dumitru Í. Al. 2008. Consiliere psihopedgogică. Editura Polirom, Iaşi.

Dumitru-Tiron E. 2005. Consilierea educaţională. Editura Institutul European.

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Guţu VI. (coordonator). 2008. Psihopedagogia centrată pe copil. Chişinău: CEP USM.

Stoica A. 2001. Reforma evaluării în învăţământ. Editura Sigma, Bucureşti.

Marin C. 2003. Teoria şi metateoria acţiunii educative. Editura Aramis, Bucureşti.

Stog L. 2000. Comunicare nonviolentă: caracteristici, antrenamente, efecte // Domenii vitale pentru manifestarea competenţelor psihosociale, manageriale. Bălţi.

Neacşu I. 1990. Instruire şi învăţare. Editura Ştiinţifică, Bucureşti.

Orosan D. 2005. Comunicarea didactică - model de formare a competenţelor comunicative la elevii ciclului primar. Teză de doctor în pedagogie. – Chişinău.

Revista română de bioética. - Voi.7. - Nr.4, octombrie-decembrie 2009.

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Ilie Viorel ARSENE – The usucapio procedure in the new Civil Procedure Code. Difficulties encountered in…

The usucapio procedure in the new Civil Procedure Code. Difficulties encountered in practice

Ilie -Viorel ARSENE Lawyer, Bar of Sibiu, PhD

E-mail: [email protected] Abstract The New Civil Procedure Code brings a new element among others, the usucapio procedure. This procedure is welcomed because the justice seeker may know exactly what documents must accompany the writ of summons, without being forced to undergo different practices of courts. However, it is not so easy to fulfill legal requirements. We refer mainly to the (im) possibility of submitting the documents listed in Article 1050, paragraph 3, letters a) and b) of the New Civil Procedure Code to the file, and not only to this. We present in detail the difficulties encountered, as well as some proposals to solve them, noting that we are aware of the difficulties encountered in our own practice. Key words: usucapio, certificate, public service for people registration, Chamber of Notaries Public, consent, inheritance. Rezumat Noul Cod de Procedură Civilă aduce un element nou printre altele, şi anume, procedura de uzucapiune. Această procedură este binevenită, deoarece solicitantul de justiție trebuie să cunoască exact ce documente trebuie să însoțească citație, fără a fi obligați să se supună diferitelor practici ale instanțelor. Cu toate acestea, nu este atât de ușor să îndeplinească cerințele legale. Ne referim în special la (im) posibilitatea de a prezenta documentele enumerate la articolul 1050, alineatul 3, literele a) și b) din Codul de Procedură Civilă la dosar, și nu numai acest lucru. Prezentăm în detaliu dificultățile întâmpinate, precum și unele propuneri de soluționare a acestora, menționând că suntem conștienți de dificultățile întâmpinate în propria noastră perioadă de aplicare practică. Cuvinte cheie: uzucapiune, certificate, serviciu public pentru înregistrare, Camera Notarilor Publici, consimţământ, moştenire The Romanian Civil Code of 1864 does not contain the word "usucapio". The term "prescription" was used by that time, which, in the sense of Article 1837 of the same law would constitute "a means to acquire property or to free from obligation." Given that usucapio procedure was no regulated separately, obviously the Civil Procedure Code of that time did not include special rules relating to an action of this type, applying the general rules of law. After the entry into force of the Decree-Law number 115/1938, Articles 27 and 28 regulated separately the usucapio procedure under the Land Register regime. Different conditions had to be met for the admissibility of an action of this kind. The civil procedure law does not come this time with clarifications, and the judge applies here the same general principles, he cannot claim lack of special regulations in the field.

The result was that different procedures were applied and different evidence was administered for the same type of trial in various parts of the country. Moreover, in the same court, the requirements for the same type of trial changed in time. For example, if in the '90s" no topographic survey was required, now, by interpreting the law in a restrictive way, only judicial topographic surveys are required/allowed, thus passing from one extreme to the other. If, in case of the lack of the survey, witnesses heard could easily be in error (willingly or not) without any fault, now, by introducing the requirement of the judicial topographic survey, this thing was no longer possible. The justice seeker’s costs greatly increased unjustified in some way, because no article of law indicated the obligation to conduct any survey. Nor the judge could be brought to account, he could practically settle the case

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only by forming the conviction, a conviction based on evidence. Subsequently, in 2000 the extrajudicial topographic survey was admitted as evidence. However, enough unknown things were present in this field. For example: is the usucapio procedure a declaratory action or an injunction1? Is the appropriate title necessary in the land registry areas? Has the State or the administrative-territorial unit active/passive procedural capacity through the Ministry of Finance? Can the goods from the private property of the State be usucaped, and if so, is not this contrary to the mandatory provisions of Articles 27 and 28 of the Decree-Law 115/1938? And if it is contrary, is it normal that the property be usucaped in the areas of the country that do not have land registers regardless of the owner, with a negative answer in the areas that have land registers? Is the registration of ownership constitutive or declarative in the land register? The series of questions could go on. Some questions were answered by Î.C.C.J.2 Many issues have not received a separate settlement, leaving the judge to decide on a case by case basis. The New Civil Procedure Code made "light" in many unclear cases. Both doctrine and jurisprudence have played an important role in the field, so many elements, opinions have – legal force this time – in the New Civil Procedure Code.3

1 The distinction between the two types of actions showed - and shows – importance in terms of the amount of the stamp duty, fee insignificant in case of the declaratory action, but big enough for the injunction - percentage of the property value; see the Stamp Duty Law – Government Emergency Law 80/2013, published in the Official Gazette Part I, no. 392/June 29, 2013; 2 Î.C.C.J. Decision no. 7086/October 12, 2011 issued in the appeal procedure, by the Civil Division I. Note that: "the action is complex, mixed, because the judgment has an effect of incorporation of rights even if retroactively, the owner becomes the holder of ownership of the property possessed when required by law"; 3 Law no. 76/2012 for the implementation of Law no. 134/2010 on the Civil Procedure Code, with subsequent amendments; published in the Official Gazette of Romania no. 68/2013;

The following aspects have remained unclear. Also some requirements of the new law cannot be implemented. Others can be implemented with great financial efforts on the part of the justice seekers, impeding thus access to justice. That is why I approached this issue, trying to highlight shortcomings that I referred to, in order to solve them in the future. The difficulties encountered by the justice seekers are mainly related to the fulfillment of all the conditions required by Article 1050 of the New Civil Procedure Code or related to the appendices of the writ of summons, and not only; we show below. According to Article 1050 paragraph 3 of the New Civil Procedure Code ", the following documents shall be attached to the writ of summons: a) a certificate issued by the Local Public Service for People Registration, certifying that the holder of the ownership recorded in the land register is deceased, as well as the date of death or, if applicable, a certificate issued by the competent authority, certifying that the legal person, holder of the ownership recorded in the land register, has ceased to exist". b) a certificate issued by the Chamber of Notaries Public, showing whether the inheritance of the holder recorded in the land register was discussed or not, and if so, who are the people who picked the said inheritance;" Regarding the certificate to be issued by the Local Public Service for People Registration: although the issuance of a document upon application (and possibly a charge) seems to be a mere formality, things are more complicated. First, for the public service for people registration to certify that the person recorded in the land register is deceased, the said service must be notified with the following data: last name, first name, date and place of birth, parents, date and place of death, last residence if the requested person is deceased and registered in the service that we addressed. In most cases the applicant does not know any of the above items. Therefore, his action is specified in the law according to the Civil Code and not according to the Decree-Law

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115/1938.4 Therefore, the service for people registration is unable to deliver the document requested. Secondly, even knowing the data needed to identify the tabulated owner, the service for people registration shall refuse to issue the certificate, motivated by the fact that the supply of personal data is regulated by the Government Emergency Ordinance no. 97/2005, the Government Ordinance 84/2001, the Government Decision 64/2011.5 According to the latter enactment indicated, Article 27 paragraph 1 states that: "extracts from civil status registers found in the archives are issued at the request of the courts, prosecutor’s office, police and notaries public". Also in accordance with the laws shown above, the provision of personal data can be made only after obtaining the prior express and unequivocal consent of the person in question or there are motivated legal grounds. Motivated legal grounds are represented by the requests for personal data received from the police, Ministry of National Defense, Romanian Intelligence Service, Prosecutor’s Office, Justice, specialized institutions of social protection of minors or other persons entitled to protection. Finally, the response of the public service for people registration is rejecting the request without explanation or, in some cases, asking to submit the court clerk certificate, showing that the file of the person whose data we requested is on the docket. Obviously, we are in a vicious circle. The usucapio application- under penalty of its cancellation- must be accompanied by the certificate issued by the Local Public Service for People Registration, which does not issue

4 When specifying the civil action according to Article 28 of the Decree Law no. 115/1938, for the action to be admissible it is necessary that the tabulated owner be deceased for at least 20 years. If there are no data about the tabulated owner, the applicant may found his action on the old Civil Code (acquisitive prescription) if all legal requirements are met; 5 The Government Decision no. 64/January 26, 2011 envisages the uniform implementation of the provisions of Law no. 119/1996 on civil status documents;

such a certificate unless they prove the existence of the trial on the docket. It can be argued that, in this case, Article 1050 of the New Civil Procedure Code constitutes special law and that the principle "specialia generalibus derogant" is applied. It ought to predict this in that article (ideally) or separately. Employees of the service for people registration are not (all) lawyers, some explanations of the applicant remaining with no positive result. Regarding the certificate to be issued by the Chamber of Notaries Public -Article 1050, paragraph 3, letter b)- whether the holder’s inheritance was discussed or not, if so, who are the people who picked the inheritance: the problems encountered in practice are more diverse. First, we frequently encounter the situation shown above, meaning that the applicant is not aware of the person who is recorded in the land register, whether the said person lives or not, if he has heirs or not. He has to contact the City Hall where the property is registered with an application requiring data about the tabulated owner. In most cases, the City Hall is asking the applicant to submit more identification data: address, last residence, Personal Number. Of course, the applicant does not have this data because, otherwise, he would have directly addressed the Chamber of Notaries Public. Sometimes the answer received from the City Hall is that the person in question is not known in that administrative-territorial unit. Whatever the answer, it is not helpful for the applicant. The mere fact that he made efforts to find the tabulated owner is not enough, the law requiring the submission to the file of the certificate issued by the Chamber of Notaries Public and not the proof of the steps taken.6 Secondly, assuming that he is aware of the date of death of the tabulated owner, he must

6 The proof of the steps taken regarding the tabulated owner may help the applicant in the end; the court will appoint a trustee for the person with unknown residence. However, the proof of the steps taken does not replace the certificate issued by the chamber of notaries public;

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submit a death certificate of the tabulated owner in order to address the chamber of the notaries public. A copy of this certificate - or a duplicate for official purposes - is issued only to relatives for succession debate or to the notary public. As the applicant is not a relative (otherwise he would have debated the succession to the notary public in the latter case), he will not receive a document issued by the City Hall. Addressing the notary public - to request the certificate from the City Hall, he faces the same situation, the notary may require a death certificate only at the request of an heir, or if the applicant can demonstrate that there is a trial on the docket related to the tabulated owner and the applicant has an interest in that case. So there is another vicious circle: a document is needed to start a trial, which can be obtained only after opening the trial! Assuming that the applicant has the death certificate and he addressed the Chamber of Notaries Public in order to obtain the document needed to submit the file in court, we might conclude that the problems were over. In fact, they only now really begin! The document needed from the chamber of notaries public is not a "document" but "two documents": a certificate related to the succession debate and a certificate of inheritance, if the succession was discussed. Each document comes with its own requirements. The answer to a request addressed the Chamber of Notaries Public for the first document-certificate showing that the succession was discussed – was a rejection on the following considerations (legal as a matter of fact, n.n.): "According to Article 69 of the Law on notaries public and the notarial activity no. 36/1995, republished in the Official Gazette no. 444/June 18, 2014, notaries public and the notary office staff shall maintain professional secrecy regarding the acts and deeds which they have acquired through their activities, even after leaving the service. According to Article 138 of the Regulation implementing the Law of the notaries public, any information on notarial deeds held in the archives of the Chamber or

notarial offices is issued only to natural and legal persons who act as part of the legal deed, successors and their representatives, and those who justify a right or a legitimate interest ... therefore, we request you to provide the proof why you ask for verification of the succession debate related to X, by submitting the following documents: court clerk certificate; copy of the real estate register excerpt; copy of the document issued by the City Hall showing that the applicant pays taxes on the property."7

We do not propose to discuss the reasons for requesting the certificate issued by the City Hall showing the tax payment by the applicant although, since a court clerk certificate is requested, obviously the Chamber of Notaries Public/the notary public is not longer entitled to determine whether the requirements for succession are met or not, but eventually the court is. We come back to the first document requested: the court clerk certificate. The issuance of a court clerk certificate implies the existence of a trial on the docket related to the property/owners for which we asked the Chamber of Notaries public the certificate, certificate needed in order to start the trial! So, there is another vicious circle from which it is sometimes almost impossible to get out. The applicant should submit the court the application without the supporting documents required by law. After the registration of the file, he should require a court clerk certificate showing the existence of his application/applications recorded in the court; this certificate should be sent to the Chamber of Notaries Public in order to obtain the documents required by law. They should abandon the registered file (!?), then open a new file in which to submit the imperative documents asked by Article 1050 of the New Civil Procedure Code. We are convinced that this was not the law giver’s intention. It is commendable the effort to introduce a separate procedure for solving this type of actions even just for the fact that a uniform practice of the courts would be 7 Chamber of Notaries Public Alba Iulia, letter communicated under no. 4256/October 13, 2014;

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reached. If the problems that hinder the application of the procedure invoked are not taken into account, there is a risk that the uniform practice aims the rejection of the cases before being settled on the merits, because of the impossibility of completing the file, just after the application regularization. The material side should not be neglected in relation to the issuance of the certificates by the chamber of notaries public. Thereby, the services for releasing information in writing on the succession debate related to a deceased person are charged8, these fees may theoretically exceed the value of the property. For example, if information is requested about four tabulated co-owners deceased in 1920, multiplying 94 (the number of years from 1920 to 2014) by 4 (the number of deceased persons) and by 74 (lei/year, n.n.) results in a value of 27.824 lei. Other costs are added: stamp duty, survey report fee, O.C.P.I. approval fee for the survey report, any expenditure on witnesses, publication of the summons issued and the subpoenas in two newspapers9/Official Gazette, attorneys' fees, etc. What conclusions can be drawn from the above mentioned? Is there a tendency of the Romanian law giver to discourage the justice seekers to regulate the legal situation of properties for which they have a useful possession? Is there an attempt to prevent access to justice? We believe that the answer to these questions is negative. We bear in mind a young perfectible law. Until the final conclusions, respectively, until showing the solutions we propose, we

8 According to the notice no. 4256/October 13, 2014: "The decision of the Executive Board of the National Union of Notaries Public of Romania no. 262/August 28, 2013, states that starting September 2, 2013, the services for releasing information in writing on the succession debate related to a deceased person will be charged with a fee worth 62 lei for one deceased person, for each year following his death (if he died after November 17, 1995) and 74 lei/year if the deceased person has died before November 17, 1995 "; 9 For example, you get to pay an average of 400-500 lei at the rate of 1 lei/word for publication of summons and subpoenas in the newspaper "Romania Liberă" and a local newspaper;

understand to show another shortcoming of the new regulations. According to Article 1051 paragraph 1 of the New Civil Procedure Code: "After submitting the application, the court summons by its hearing report the holder of the ownership recorded in the land register or his successors, if any, and it disposes the issuance of a summons and its presentation at the property in question..". We believe that the law giver had in mind only the buildings when he ordered the presentation of the summons issued by the court at the location of the property. Most often, however, the object of the usucapio procedure is represented by plots of land. And still we would not have problems if all these plots of land had been placed in urban areas. Many plots of land included in usucapio trials are unincorporated, fenceless, some of them at tens of kilometers from the nearest towns10. How to implement the presentation of the summons in this situation? How to control the presentation of the summons by the applicant? We believe that there is no way to do that (maybe, in a utopian way, building a display panel, of course, nobody will do that). How does the court find the fulfillment of a procedure that has no practical application? By the affidavit of the applicant, stating under his own risk that he placed the summons at the location of the property, we could call this "forcing truth" if we are allowed to use such a phrase. The solution is simple in the latter shortcoming of the law. Our proposal is that this obligation to display the summons at the location of the property be removed from the law for all properties or, if the display is considered important, it should remain mandatory only for buildings. Returning to the two certificates referred to in Article 1050, paragraph 3, letters a) and b), the

10 For example, the unincorporated area of Jina village, Sibiu County – the village of Romania with the largest unincorporated area in the country; the village boundaries are Vâlcea and Alba Counties; it has 32,980 hectares, 35-40 km north-south direction; it has massifs belonging to Sebeşului Mountains, Cibinului Mountains and Lotrului Mountains (Source-Wikipedia, Free Encyclopedia, Communes of Romania);

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solutions can vary according to several criteria. The certificate to be issued by the Local Public Service for People Registration shall include the date and place of death of the tabulated owners. In the first situation, when the applicant has the data about the deceased tabulated owner and transfers the data to the Local Public Service for People Registration, the issuance of a certificate which shows precisely that the tabulated owner is the deceased person seems void of sense. It is sufficient for the applicant to mention the date and place of death of tabulated owners in the writ of summons. In the second situation, when no data about the tabulated owner are known, the role of the public service for people registration is clearly important. The applicant's request for a certificate referred to in the law should be accompanied by a copy of the real estate register excerpt and data of the agricultural record of the City Hall where the property in question is located. The National Register for People Registration belonging to the Public Service for People Registration may show one or more persons with the same name, so the list can be significantly reduced by corroborating with the agricultural register data (containing the names of persons possessing the property, the address. It would be great if the service for people registration checks the agricultural register, without the obligation of the justice seeker to submit a copy of the agricultural register to the service for people registration. It is absolutely possible because both the agricultural service and the service for people registration are part of the same administrative-territorial unit. Checking the agricultural register should be "just a click away." So the issuance by the justice seeker of the certificate required by Article 1050 paragraph 3, letter a) of the New Civil Procedure Code would not require a great job. The 30 days term in which the service for people registration must issue the certificate

should be sufficient11, even if a fee is imposed herein. The secrecy issue of the civil status documents remains unsolved. It is a false issue, since the New Civil Procedure Code indicates the obligation of the certificate issuance by the service for people registration. But it would not be wrong – in our view – that the code refers to the obligation of the certificate issuance to the person who declares under his own risk, under penalty of the criminal law to use it only for the reason given in the application (usucapio). Although this is not a long-term solution, we believe that the negative answer about issuing the document by the Local Public Service for People Registration can be assimilated to the certificate required by Article 1050 paragraph 1 letter c) of the New Civil Procedure Code. The service for people registration would not violate the law of civil status data secrecy, the applicant’s request should not to be canceled due to lack of requested document (given the steps taken), the court cannot be attributed the rigidity by the rejection of the application not accompanied by documents. Furthermore, the evidence of the steps taken would give the right/and the court’s obligation to require the certificate requested (or the appointment of a trustee).

11 The problem of the time when – in theory – a usucapio action can be completed is another difficulty. The problem of the time is equally important and it will be discussed widely, separated from this subject. We only show that, in this matter, the tend to reduce the time of the trial has not been reached. On the contrary, if, according to the old code of procedure, a trial can be completed in about 3 months (the term includes the appeal as well), now we need at least a year. Example (ideally): a month, obtaining the certificate from the service for people registration; two months, the deeds from the Chamber of Notaries Public (two consecutive deeds); three months after submitting the writ of summons, until the issuance of the summons (it includes the application regularization term or the term of communication of the statement of defence/response to the statement of defence; six months after the publication of the summons to the first hearing before the court. Added: the term of evidence submission, the term of motivation and communication of the decision, the deadline for appeal 30 days;

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We do not share this last solution because if the law giver wanted that the certificate is received by the court, he would shown concretely this thing. Referring to the second document to be submitted by the applicant with the writ of summons – the certificate issued by the Chamber of Notaries public - the problems analyzed above should be solved here. It is unacceptable that the issuance of the certificate costs more than the property in question. The law giver has the obligation to intervene and fix a reasonable fee, fixed if possible. It is inadmissible - in our view – that the certificate issued for a deceased person cost more than another. Both for one and for the other, the certificate issue involves the electronic archive research, of course. Once the fee is fixed, there is still a problem regarding the submission of the court clerk certificate showing the existence of the trial on the docket, with the obstacles we have shown. The intervention of the law giver must look after the notary public’s activity, meaning to oblige the notary public to require the document from the chamber of notaries public and transmit it to the applicant based on the request submitted by the latter, which will contain the same statement as for the certificate requested to the service for people registration The notary’s fees must be fixed. The notary must not suffer any pecuniary or other kind of repercussions12. Of course, there is the possibility that law places this task to the attorneys. But this is another issue that we will discuss separately. Solutions exist therefore. It is for the law giver to really want to relieve the work of the justice seekers and of the courts; as his intention – commendably, as I said - to come up with clear, precise procedure rules, has a practical purpose and not be just utopias, as shown at the time of writing this article. 12 Currently, notaries public argue that if they require both personally and on our behalf any document from the chamber of notaries public, they are obliged to register the succession file.

References: Ciobanu,V.M.; Briciu, T.C.; Dinu, C.C. 2013. Civil

Procedure Law. Civil Execution Law. Arbitration. Notarial Law. National Publishing House, Bucharest.

Piperea GH. et al. 2012. New Civil Procedure Code. Notes, correlations, explanations. C.H.Beck Publishing House, Buchareşti.

Tabacu A. 2013. Civil Procedural Law. Universul Juridic Publishing House, Buchareşti.

Decree- Law no. 115/1938 to unify the stipulations regarding the land registers, published in the Official Gazette Part I, no. 95/April 27, 1938, with subsequent amendments;

Decision no. 7086/October 12, 2011 of Î.C.C.J. regarding the legal nature of the usucapio action;

Law no. 76/2012 for the implementation of Law no. 34/2010 regarding the Civil Procedure Code, with subsequent amendments, published in the Official Gazette of Romania no. 68/2013.

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Territorial jurisdiction of the courts under the New Civil Procedure Code

Ilie -Viorel ARSENE Lawyer, Bar of Sibiu, PhD

E-mail: [email protected] Abstract The new Civil Procedure Code became effective on 15th February 2013 and it brought new stipulations for most of its institutions. The most "spectacular" of them regards the written stage and within it, the regularization of the writ of summons is distinguished. Much less noticeable are the innovations of the New Civil Procedure Code in terms of jurisdiction, namely the territorial jurisdiction. This does not mean they do not exist or that they are less important than others. Let us not forget that the New Civil Procedure Code (hereinafter briefly named NCPC) is a unity. We intend to present the issues concerning the territorial jurisdiction, starting from a broader context, that of the court jurisdiction in general, not avoiding the matters related to the special circumstances of establishing the jurisdiction of the courts, as they are presented by the framework law in the field. Keywords: New Civil Procedure Code, territorial jurisdiction, court, domicile, writ of summons. Rezumat Noul Cod de Procedură Civilă a intrat în vigoare la data de 15 februarie 2013 și a adus noi prevederi pentru cele mai multe dintre instituțiile sale. Cele mai "spectaculoase" dintre ele fac referire la stadiul scris și în cadrul acesteia, regularizarea citație este un punct distinct. Mult mai puțin vizibile sunt inovațiile Noului Cod de procedură civilă în ceea ce privește competența, și anume competența teritorială. Acest lucru nu înseamnă că nu există, sau că ele sunt mai puțin importante decât altele. Să nu uităm faptul că Noul Cod de procedură civilă (denumit în continuare numit pe scurt NCPC) este un tot unitar. Ne propunem să prezentăm problemele referitoare la competența teritorială, pornind de la un context mai larg, cel al competenței instanței, în general, nu evitând aspectele legate de circumstanțele speciale de stabilire a competenței instanțelor, așa cum sunt prezentate de legea-cadru în domeniu. Cuvinte cheie: Procedurile Noului Cod Civil, jurisdicţie teritotrială, tribunal, domiciliu, citaţie

General Jurisdiction Issues. Relevant Provisions The New Civil Procedure Code (NPC) assigns Title 3, art. 94 -147 to court jurisdiction. Also, Law no. 304/2004 concerning the judicial organization contains norms on court jurisdiction. The Constitution has an essential role in this matter as well, stipulating in art. 126 that: "Justice is done by HCCJ and by other courts established by law". Jurisdiction means the ability of a court to resolve certain litigations or to solve certain claims (Leş, 2011). It is necessary to take into consideration that certain litigations fall outside the court jurisdictions, belonging to other judicial

bodies. For example: The Constitutional Court, which can be invested to check the constitutionality/ the unconstitutionality of certain regulations (in whole or in part). In the same idea, the notary public who is invested by Law no. 36/1995 to dispose of the non-contentious succession claims. Therefore, we distinguish between general jurisdiction- which separates the activity of the courts from the activity performed by other institutions, and jurisdiction, which delimitates one court from the other. Regarding the jurisdiction, we distinguish between: - subject - matter jurisdiction - the jurisdiction prerogatives are vertically delimited between different level courts;

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Ilie Viorel ARSENE – Territorial jurisdiction of the courts under the new civil procedure code

- territorial jurisdiction - the jurisdiction prerogatives of courts of the same level are horizontally delimited, in different territorial circumscriptions (Ciurea, 1999). Furthermore, within the subject-matter jurisdiction, we make the distinction between: - Functional jurisdiction - which sets the hierarchy of the courts, in other words, the trial court is delimited from the adjudicating courts; - Procedural jurisdiction - the powers of the courts are determined according to the subject, the amount and the nature of the litigation (Leş, 2011). With regard to the territorial jurisdiction, it is furthermore divided into: the territorial jurisdiction of the common law, the concurrent territorial jurisdiction and the exclusive territorial jurisdiction (Tabacu, 2013). The literature also separates the norms regulating the jurisdiction into absolute and relative jurisdiction (Deleanu 2010), namely, international jurisdiction (Zidaru, 2011). Special Situations for Establishing Court Jurisdiction Considering the stipulations of art 94 letter j of NCPC, which states that every claim which is measurable in currency not exceeding the amount of 200.000 Ron, falls under the jurisdiction of the court. Certain clarifications are required concerning this provision: - only the value of the main claim will be considered, not including that of the ancillary claims, interests, penalties, expenses (art. 98 NCPC); - in case there are more than one main claim, the jurisdiction is established in relation to the value or the nature of each claim in part; if a claim falls under the jurisdiction of a different court, the notified court will regulate the severance of the count and redirect it to the court of jurisdiction; - in the above-mentioned situation, if there is a close connection between the disjoint count and the other counts, the severance will not be ruled, but the entire cause will be sent to the higher level court for trial (art. 99 NCPC); -in case of a jointer of the cases pending before the courts of different levels, it will be settled by the superior level court, and when

there is exclusive jurisdiction, by the court which has exclusive jurisdiction. If both courts have exclusive jurisdiction in case of multiple counts which are closely interconnected, the jurisdiction will belong to the higher level court (Ursuţa, 2014). Concerning this last issue, HCCJ decided that: “the jurisdiction will be prorogued to the higher level court, as established by the legislature in art. 99, paragraph 2 of NCPC, when the jurisdiction to hear the different counts belongs to different level courts, it operates only if the claims are the same in nature, meaning that they fall under the jurisdiction of panels or sections with the same field of expertise but belonging to different level courts”1; - if many claimants submit a common claim against the same respondent, the value of the matter of the claim belonging to each of the claimants and not the total claimed value will be taken into consideration for establishing the competent court. (art. 100 NCPC); - in the claims on letting contracts, the annual value of the lease is taken into consideration; - in the cases of establishing the nullity, absolute, cancellation, severance or termination of the legal act, actions for the acknowledgment, the execution of a contract, for the establishment of the jurisdiction of the court, the object of the contract or, where appropriate, that of the party or the object submitted for trial is taken into account. It is important to note that the special law will be considered in determining the stamp duty2, meaning we shall not confuse the criteria for establishing the jurisdiction with those concerning the payable stamp duty; - when the action requires the payment of part of a claim, the value of the claim is determined by the amount claimed by the claimant as being chargeable (art. 102 NCPC); - in the situation of an undetermined value successive provision, the court of jurisdiction

1 Decision no. 552 of 14 February 2014 rendered in appeal by Civil Division I of HCCJ covering the negative jurisdiction conflict, cited in Legal .Ro, http://www.juridice.ro/366278/19.03.2015; 2 GEO no. 80/2013 on judicial stamp duties, published in the Official Gazette part I, no. 392/23 June 2013;

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is established depending on the amount of the payable annual provision (art. 103 NCPC);

above mentioned criteria - is not sufficient to establish what court shall judge the given matter. It is required to establish a horizontal separation of powers between the courts of the same level

- in case the claim deals with the actual rights on a real estate, the taxable value is considered; if there is no taxable value, the amount will be established according to the claimant’s estimation ( art 104 NCPC);

(Leş, 2011). It refers to what is done through the norms of territorial jurisdiction.

- in terms of inheritance, the jurisdiction according to value is determined without deducting the duties or the liabilities of the heritage ( art 105 NCPC); The legally empowered court will have jurisdiction to hear the claim even if changes appear in the initially established values after the empowerment. Of course, the initial changes of the values should not be purely protesting methods of the claimer. Thus, for example, if the claimer initially declares a low/high value of the subject of his claim only to fall under the jurisdiction of a specific court and then, noting that he would be disadvantaged by the declared value, he would change the value by his own will, we believe that it will not be necessary to apply the above mentioned principle, and the court will decline jurisdiction3, nemo auditur propriam turpitudine allegans.

The general rule is that according to which the writ is lodged at the court of the defendant's domicile. Notwithstanding, it can also be submitted on the address of the claimant. Exceptionally, none of the discussed courts could have jurisdiction, as, also exceptionally, either of them could have it. Furthermore, the parties may agree, under certain conditions, to choose the court themselves.

Territorial Jurisdiction Relevant Provisions. General Issues The New Civil Procedure Code assigns a separate chapter to the territorial jurisdiction, Chapter 2, art. 107-121, within Title 3 – Court Jurisdiction. Also, Chapter 3 of the same Title, called ”Special Provisions”- art. 122-128, mainly contains norms regarding the institution of the territorial jurisdiction (and not only, a.n.). As we have already stated, for a cause to be given to a particular court for trial, that court must have relevant jurisdiction. The relevant jurisdiction - which takes into account the vertical delineation of courts, according to the

3 In the above-stated purpose, by way of example: I Deleanu, Treaty of Civil Procedure....p512 - opinion we share. The exception of lack of jurisdiction must be raised within the period prescribed by the law, namely the first hearing at which the parties are legally summoned;

Starting from the rule we have referred to, we distinguish between the following territorial jurisdictions: general, concurrent, exclusive, optional, and conventional. General Territorial Jurisdiction (or Common Law) According to art 107 NCPC: “The writ of summons is lodged with the court in whose jurisdiction the respondent resides or has his domicile, unless the law provides otherwise. The court maintains jurisdiction to hear the case even if, following the notification, the respondent changes his residence or registered office”. The notion of “domicile” is explained in art. 87 of N.C.P.C., providing that it is the place where the individual claims he has his main dwelling. If the respondent does not live where it is stated in his ID and the claimer does not know this, the summoning procedure is accomplished by citing the respondent at the address in the ID. It follows that the respondent is the one running the risk, as long as he does not carry out the procedures to change the address, respectively, unless he correlates the facts - the actual place where he dwells – with the state of law or mentioning his new domicile in the ID. The provisions to which we referred are valid also considering the registered office, the Trade Register keeping records of the

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companies’ offices, according to Law no. 26/1990. According to art 91 of 3 NCC, the above provisions shall not apply if the claimant knew the new domicile or residence of the respondent. However, the proof needs to be used by the respondent, who is required to demonstrate - by any evidence - that the claimant knew his new address. We mention that the rules of general jurisdiction are enacting in nature, so that the parties may derogate from them, in case of a consensus, an agreement between them. If the dwelling or, where appropriate, the registered office of the respondent is unknown, the writ is lodged with the court in whose jurisdiction his residence or representation is, and if he has no known residence or representation, with the court in whose jurisdiction the claimant has his registered office, dwelling or representation, as appropriate (art. 108 NCPC). In this case, the claimant must prove his actions on finding the address of the respondent. Later on, after submitting the writ to the court from his domicile/registered office, after proving he had done everything possible to find the address of the respondent, he may request the court to summon the respondent through the media, according to art. 167 NCPC. Concurrent Territorial Jurisdiction The law provides for situations in which the place for lodging the writ of summons is left up to the claimant. Sometimes this is in the interest of both the claimant and the respondent, at least for economic reasons4 or for a better management of evidence. The writ of summons of private legal persons can be also lodged with the court of the place where the person has a subsidiary with no legal personality, for obligations which are to be performed in that place or that arise from

4 Claims against the State – through the Ministry of Finance- can be lodged with the court at the claimant’s or respondent’s domicile. It would be irrational, totally uneconomical and it would be a denial of access to justice (a.n.) for a claimant from Timișoara to lodge his claim in Bucharest, as long as the Ministry of Finance is represented locally in each department;

acts signed through the representative of the subsidiary, or from acts committed by him (art. 109 NCPC). Law no. 31/1990 on trading companies exemplifies such entities: branches, agencies, offices. The writ of summons of an association with no legal personality can be lodged with the court of the domicile of the person entrusted with the management of the association. In the absence of such a person, the jurisdiction falls with the court in the domicile of any of the members of that entity (art. 110 NCPC). In addition to these cases, alternatively with the respondent’s domicile, NCPC also mentions in art. 111-116 other cases where multiple courts have territorial jurisdiction at the same time: - claims against legal entities of public law: at the domicile/registered office of the claimant or of the respondent5; - in case there are more than one respondent: at the court of jurisdiction of any of them; - claims regarding the establishment of parentage: the respondent’s/claimant’s domicile; - maintenance obligations, state allowances: the respondent’s/claimant’s domicile; - claims for the execution, cancellation, rescission or termination of a contract: the place stipulated in the contract for its execution, even partly; - lease agreements: the location of the real estate; - actions in tabular benefit, tabular justification or tabular correction: the location of the real estate; - transport contract: the place of departure or the place of arrival; - obligations arising from bills of exchange, checks, promissory notes: the court of the place of payment; - mending damages caused to consumers: the court of the consumer's domicile;

5 The stipulation of art.111 NCPC is the rule; by special laws, which derogate from the general, an exclusive territorial jurisdiction is established, mandatory norms indicating as the court of jurisdiction that at the domicile of the claimant. Ex: claims against the National House of Pensions shall be lodged with court at the claimant’s domicile- art. 156 of L. 19/2000 regarding the public pension system;

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- obligations arising from illegal acts: the place of the deed; - the court of the place where the respondent carries on an activity- for obligations appeared or about to appear in that place; - in terms of insurances6, the place where there is: the domicile or the registered office of the insured party; the insured goods; the place where the insured risk occurred. In all situations, it is up to the claimant to choose between the courts which concurrently have jurisdiction. Exclusive Territorial Jurisdiction Certain claims cannot be lodged but with the court assigned by law, under penalty of the nullity of the judgment which would be given by a court which has no territorial jurisdiction. We refer to claims regarding: guardianship, estate, inheritance, companies, and divorce. Examples: - in terms of guardianship and family, the claims shall be settled by the court in whose territorial jurisdiction the protected person lives or resides; - the claims regarding the actual rights, shares, party wall rights and remedies, judicial partition rights - if the severalty does not result from inheritance- are lodged only with the court in whose jurisdiction the real estate is situated; -in terms of inheritance: the validity or the enforcement of wills, inheritance tasks, claims among heirs, creditors' claims to the heirs- fall under the jurisdiction of the court of the deceased’s last domicile. If the claims above concern more inheritances successively submitted, they are within the exclusive jurisdiction of the court of the last domicile of any of the deceased; -referring to companies, the claims are the exclusive competence of the court in whose jurisdiction the company has its head office; -in the field of insolvency or arrangement with creditors: the jurisdiction belongs exclusively to the court in whose district the debtor is domiciled;

6 Except sea, river or air insurance- see art 115 of 4 NCPC;

- the claims made by professionals against consumers- the court from the consumer's domicile; - regarding the divorce7: the court in whose jurisdiction is the last common domicile of the spouses. In case they did not share a common domicile or neither of them lives in the jurisdiction of that court where the dwelling is, it will be considered competent the court from the respondent’s domicile; if the respondent does not reside in the country, the jurisdiction belongs to the court from the claimant’s place of residence. When neither the claimant, nor the respondent resides in the country, the parties may agree to lodge the divorce claim with any court in Romania. In the absence of such an agreement, the jurisdiction belongs to the District 5 Court in Bucharest (art. 914 NCPC). The examples, taken both from NCPC and from special laws, may continue: in arbitration, in amending civil status documents, in contravention, and so on. Conventional Jurisdiction and Elective Jurisdiction The legal doctrine, namely the NCPC, also makes the difference between the conventional jurisdiction and the elective jurisdiction. For the first form, we have just analyzed the situation of the divorce- art. 914 of 2 thesis 1 (the parties may agree what court in the

7 Part of the juridical literature considers that, in the case of the divorce, the legal norms refer to an exclusive territorial jurisdiction ( V.M.Ciobanu, T.Briciu, C.C. Dinu, Drept procesual civil. Drept Execuțional Civil. Arbitraj. Drept Notarial, Național Publishing House, Bucharest, 2013, .p.204) ; other doctrinaires (Ghe.Piperea et all, Noul Cod de procedură civilă, Note, Corelații, Explicații, C.H.Beck Publishing House, Bucharest, 2012, .p.893) believe there is the case of a relative territorial jurisdiction. The difference would be that, in the first case, the rule of the court lacking jurisdiction would be null; in the second case, we would be in the situation of a relative nullity. The lack of jurisdiction being private, we believe that article 914 NCPC contains both mandatory norms (the majority), and enacting norms (where the parties may jointly determine which court will hear their case. In this situation, the courts will rule with special care in care they would invoke grounds of lack of jurisdiction, ruling according to the writings in Article 914 NCPC mentioned before;

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country will hear their claim). Furthermore, art 126 NCPC allows the parties in a trial to be heard by other courts than that with the territorial jurisdiction. There are two requirements which need to be met: the claims must not fall under the exclusive jurisdiction norms and the subject of the trial should be goods which the parties own. Concerning the second form of jurisdiction, the example is provided in art. 127 NCPC- marginally called exactly “elective jurisdiction”. It concerns the situation where a judge is the claimant and the jurisdiction belongs exactly to the court where he works. In this situation, he must lodge his claim with one of the courts of the same level in the district of any courts of appeal that the neighboring the one where he carries on his activity. There is another situation: if the claim is submitted against a judge who works at the court which has the territorial jurisdiction to hear the claim, the claimant may refer to a court of the same level, located in the circumscription of any of the courts of appeal which are adjacent to the appellate court in whose circumscription is the court that would have jurisdiction to hear the claim. Certainly, the understandable collegial relationships are taken into account, relationships that could lead to an unbiased resolution. The provisions also apply8 to prosecutors, judicial assistants and clerks. Establishing Territorial Jurisdiction in Other Situations According to art 123 NCPC: “The ancillary, additional and incidental claims are heard by the court which has jurisdiction over the main claim, even if the material or territorial jurisdictions belonged to another court”. This is a case with legal prorogated jurisdiction. Article 123 of NCPC is of

8 We assert that, since the Constitutional Court considered it was constitutional for the lawyer to be able to plead to the court where the judge is his/her spouse, article 127 should apply to lawyers in both variants of art. 127 NCPC, especially in case of small courts, with 2-3 judges, where the spouses are barristers in the same court.

particular importance, especially since the old code did not include details about the jurisdiction in case of ancillary claims, the doctrine and the jurisprudence not being unitary. For example, in case of a divorce trial (main claim), it is natural that the same court will also solve the claims concerning the court expenses (ancillary claim), increasing the amount of alimony, as a result of the respondent’s income increase during the trial (additional claim), but also the defendant’s counterclaim, which could regard the partition of the real estate – common property (incidental claim). NCPC also stipulates an exception: claims relating to voluntary agreements or insolvency have a derogatory regime, being judged only by the court ordered by law, namely, the court in whose jurisdiction the debtor has his registered office- Article 120 in conjunction with art. 123 line 1 in the final thesis. The court which has jurisdiction to hear the main claim will decide on the defenses and exceptions, outside the prejudicial matters which fall within the jurisdiction of other courts – stipulated in art. 124 NCPC. The traditional and modern doctrine and jurisprudence are unanimous in this respect, “the trial judge is also the plea judge”. For example: in a law suit of acquisitive prescription, it is natural to judge the exception of res judicata raised by the respondent. If, however, in the above mentioned example, the respondent also claims the adjournment of the trial until the settlement of his criminal complaint concerning the possession disorder done by the claimant in terms of the real estate which is the subject of the acquisitive prescription, the latter being a prejudicial issue; the judge of the civil action will suspend the civil trial until the prejudicial issue is solved by the criminal court. We can also show that in the case of declaratory claims, the same jurisdiction norms apply as for the injunction claims. Following the HCCJ decision no 32/2008, NCPC especially inserted this provision in art 125.

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References Leș I. 1999. Principii și Instituții de Drept Procesual Civil, Editura Lumina Lex, Bucureşti. Arsene I.V. 2014. Posesia, Editura Hamangiu,

Bucureşti. Leș I. 2011. Noul Cod de procedură civilă. Comentariu pe articole. Editura C.H.Beck, Bucureşti. Boroi G., Stanciu M. 2015 Drept procesual civil,

Hamangiu Publishing House, Bucureşti. Piperea Ghe., Antonache C., Piperea P., Dimitriu A., Piperea M., Rățoi A, Atanasiu A. 2012. Noul Cod de procedură civilă. Note. Corelații. Explicații. Editura C.H.Beck, Bucureşti.

Ciurea A. 2013. Fișe de procedură civilă, Universul Juridic Publishing House, Bucureşti.

Ciobanu V.M., Boroi G., Briciu T.C. 2011. Drept procesual civil. Curs selectiv. Teste grilă, ed. a V-a, Editura C.H.Beck, Bucureşti.

Tabacu A.2013. Drept procesual civil, Editura Universul Juridic, Bucureşti.

Tăbârcă M. 2013. Drept procesual civil. Teoria generală. Editura Universul Juridic, Bucureşti.

Ciobanu V.M., Briciu T., Dinu C.C. 2013. Drept Procesual Civil. Drept Execuțional Civil. Arbitraj. Drept Notarial, Editura Național, Bucureşti. Ursuța M. 2014. Noul Cod de procedură civilă

modificat. Prezentare comparativă, sinteza noutăților și reglementărilor anterioare. Editura Universul Juridic, Bucureşti.

Deleanu I.. 2010. Tratat de procedură civilă, Voltes Kluwer Publishing House, Bucureşti.

Hanga V. 1998. Adagii juridice latinești, Editura Lumina Lex, Bucureşti.

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Andreea DUMITRU – Eginald Schlattner’s Multicultural Transylvania. A Model of Intercultural Communication

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Eginald Schlattner’s Multicultural Transylvania. A Model of InterculturalCommunication

Three Novels – One World

Andreea DUMITRUSibiu Alma Mater University, Someşului 57, 550003 Sibiu, Romania

Phone/Fax: +40 269 250008E-mail: [email protected]

AbstractThe following article presents the Transylvanian world as it is described in Eginald Schlattner’s three novels. Timeand space are very important in this type of literature because they shape the whole context and influence therelationships between human beings. The Beheaded Rooster, Red Gloves and The Piano in the Mist are a chronicleof a dying world, a page of contemporary history.Key words: Transylvania, Schlattner, chronicleRezumatUrmătorul articol prezintă Transilvania așa cum este descrisă în cele trei romane ale lui Eginald Schlattner. Timpulși spațiul sunt foarte importante în acest tip de literatură deoarece ele definesc întregul context și totodatăinfluențează relațiile dintre oameni. Cocoșul decapitat, Mănuși roșii și Clavir în ceață sunt cronica unei lumimuribunde, o pagină de istorie contemporană.Cuvinte cheie: Transilvania, Schlattner, cronică

The short version of a success story can bepresented in one sentence: What was initiallyintended to be a 30-page novella, introduced tothe German Fischer publishing house,developed into a more than 1,500-pagetypescript, which was successfully publishedin Vienna by the Zsolnay publishing house.The Beheaded Rooster appears in 1998, RedGloves in 2000 and five years later The Pianoin the Mist. These three novels are known inthe history of literature as the Sunken-Faces-Trilogy.

The geographical frame for these worksfocuses on Transylvania, even if the Banat andthe Southern part of Romania also represent acomparison point.The time frame refers to theperiod between 1942 to 1960 – the narrator’sfamily story is interconnected with historicalevents. Still the appearance of the novels is notchronological: Red Gloves, which is presentedon the market as the second novel, actuallyrepresents the closure of the trilogy.

Eginald Schlattner’s epical works bring trueevents from his own biography or from thelives of people known by him into publicinterest, so that the reader has to reflect whilereading the books on ”the truth and not aboutreality”1of the presented happenings2.

The author’s biography also represents forTransylvania a sort of a monument againstoblivion, as the history of the TransylvanianSaxons, who lived in this area for over 850years, is slowly coming to an end. InRothberg/Roșia, where Schlattner lives, peoplespeak ironically about “the race for the samelast coffin”. These are available for free for thelast Saxon inhabitants of the village. They willbe carried on their last way to eternity byRomanians and Gypsies. This image isrepresentative for other village communities,

1 Book presentation in Sibiu, 30.01.2012.2 Interview with Eginald Schlattner, 15.09.2004 in

Siebenbürgische Zeitung.


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even for the fate of the whole TransylvanianSaxon community. This is the reason why thethree novels are considered to be the chronicleof a dying world, a chronicle of contemporaryhistory, where the existing balance betweenRomanians, Hungarians, Saxons and others isfragile3.

The trilogy can also be understood in a largercontext. Schlattner has added another chapterto the European history, but also to theuniversal literature4.

Realities of everyday life in the 1990s inRomania can be found in the discussed books,an aspect that is recalled by all parties withmelancholy. The decision of the TransylvanianSaxons to leave the country they shared withRomanians, Hungarians and other nations forcenturies, instigated Schlattner to write downhis memories regarding his origin. This wasalso a method of dealing with his ownthoughts, to let them run wild. The result ofthis approach was that, what he rememberedand imagined will be a door for all those whoare interested in the lost world of theTransylvanian Saxons5.

Transylvania acts in Schlattner’s work as amodel of a multi-ethnic and multi-confessionalworld, with a special history, which affectedboth the majority and the minority population.The development of the Transylvanian Saxonand the Transylvanian Romanian is to beunderstood in mutual interaction. An isolationfrom one another is impossible because theself-image of one ethnical group is determined

3 Langer, Jens: Entdeckungen des Bleibenden. EginaldSchlattner feiert morgen 75. Geburtstag, 12.09.2008, inAllgemeine Deutsche Zeitung.4 Langer, Jens: Entdeckungen des Bleibenden. EginaldSchlattner feiert morgen 75. Geburtstag, 12.09.2008, inAllgemeine Deutsche Zeitung.5 Schneider, Wolfgang: Nirgendwo ist Gnadenflor. EinPanorama aus Miniaturen: Eginald Schlattner bewahrtSiebenbürgen, 19. 10. 2005 in Frankfurter AllgemeineZeitung. „Eginald Schlattners Trilogie ist ein Archiv,das die Lebenskultur einer Welt aufbewahrt; ihreMischung von Schönem und Schrecklichem istbisweilen atemberaubend. Die Poetik des Autors läßtsich auf einen Satz bringen: 'Geschichte trennt, aberGeschichten, die schaffen Nähe'.“

by the external image of the other. This cross-cultural shaping and the feeling oftogetherness can be seen as a model in anEurope of prejudice. An example about theformation of the Transilvanian Spirit betweenthe two world wars can underline this idea(König, 1994)6. This region was considered tobe the „Switzerland” of the East.

The representatives of both nations becamewhat they are today because of their closeinhabitation, which left specific marks in theircollective consciousness. The group identityresults from ethnicity, culture, values andnorms, language and religion. The interplaybetween ”us” and ”them” is due to bothdifferences and similarities. It is important toperceive and handle these differences andsimilarities, because every inhabitant ofTransylvania is directly affected by the realityof the immediate vicinity. This proximity canbe accepted and seen as a positive challenge,but it can also be rejected and turned into adisadvantage. Two other terms can be broughtinto discussion namely identity and alterity.These dialectal terms both complement andexlude one another. The one concept cannot bedefined in the absence of the other, because aself-definition requires features of othercategories. Only the experience of alterity candefine one’s own identity. This process isbased on inclusion and exclusion. The Selfbelongs to us only through the Other7.

Without Transylvania the world literaturewould have been three novels poorer. Thewriter Schlattner draws from a deep well,which is really endless. There are enough

6 König, Walter (Hrsg.), 1994: Siebenbürgen zwischenden beiden Weltkriegen, Band 28, Böhlau Verlag, KölnWeimar Wien, p. 220.7 Langer, Jens: Das Gelächter der Deklassierten,06.08.2009. „Eginald Schlattner enthüllt in seinersiebenbürgischen Provinz wie auf einemPanoramagemälde die Provinz Europa, die dort immerschon lag, vital, beschädigt, marginalisiert von deneuropäischen Zentren. Was anderswo längstauseinandersortiert worden ist, liegt hier dichtbeieinander. Dieses Europa in Siebenbürgen istpolyglott, multikonfessionell, reich an komplementärenKulturen. Schlattner steht ganz in dieser Geschichte undist ihr fairer Anwalt ohne Folklore.”


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stories in Transylvania, so that this diversitycan be perceived as a divine gift, which livesbecause of its presence in literary works. Thepriest and author Schlattner has the capacity torecall characters, happenings, situations, thereminds the readers of past times, which cannot only be seen as a rescue, but also as athreat. 8

The trilogy Sunken Faces can be considered anepilogue on Transylvania, as world’s historydemands its price. There are political andhistorical decisions as well as individual andcollective decisions that contributed to the fallof the Transylvanian Saxons as a nation.

The success of the three novels is due to therealistic way of presenting the facts. Theyappeal to the memories and to the emotions ofthe audience, whose literary taste was trainedand influenced with the help of newspapersand magazines in the German speakingcountries. Nevertheless, the insight is giveninto an unique, lost world. Among the bestknown newspapers that review thisphenomenon are Frankfurter AllgemeineZeitung, Frankfurter Rundschau, NeueZüricher Zeitung, Süddeutsche Zeitung,Spiegel, but also the literary journalLiteraturen published by the famous literarycritic Sigrid Löffler9.

The Beheaded Rooster, Red Gloves and ThePiano in the Mist bring for a certain period oftime Transylvania in the centre of Europe, so itcan strip off its marginal existence. The goodmixture results from the interaction ofcultures. Schlattner’s knowledge of history but

8 Koneffke, Jan: Liebe in Zeiten von Tito und Stalin .Eginald Schlattners neuer Roman „Das Klavier imNebel“, 21.11.2005.9 Kosler, Hans Christian: Bunt wie ein Kirchenfenster.Eginald Schlattner wird siebzig. 13. September 2003 inNeue Züricher Zeitung. „Schlattners grosser Epilog aufSiebenbürgen und den Exodus seiner Leute ist bunt wieein Kirchenfenster – ein breites Panorama an Menschenund Begebenheiten, prall an Sinnlichkeit, mit Wehmut,aber auch mit Temperament, Lust an der Sprache undEsprit geschrieben.”

also of the identity value of literature proves tobe a successful recipe10.

The first novel presents the TransylvanianSaxons, which live secluded with few and onlynecessary connections to other nations.

The second novel allows intercultural relationswithin a given framework. In the cell at theSecuritate there exists a society in miniature,in which the narrator acts as a reflector-character.

The third book, which shows the life undercommunism, explores the relationshipsbetween people, especially between aRomanian girl and a Transylvanian Saxon boy.Their relationship builds a bridge between thetwo cultures, which are realisticallydescribed11.

These three novels show a changing world inthe larger context of universal history. Themulticultural world of Transylvania that lastedfor centuries increasingly changes after 1918and its inhabitants are forced to seek thecontact to one another, to maintain and nurturethese relations. This development is describedthoroughly in Schlattner’s work.

The Beheaded Rooster is built around the dateof August 23 1944, the date, when Europeanhistory changed, when Romania startedfighting against Germany. The reason forwriting this novel has to do with the exodus ofthe Transylvanian Saxons after 1989, whochose the freedom of Western Europe12.

This book is a cry of despair because within afew months priest Schlattner remains withouthis community in his parish. This experience isbeing processed subjectively, the sad presence

10 Brantsch, Ingmar: Die Wahrheit ist eine Tochter derZeit. Zu Eginald Schlattners Roman „Der geköpfteHahn”, 15.01.1999, in Deutscher Ortdienst.11 Schneider, Wolfgang: Nirgendwo ist Gnadenflor. EinPanorama aus Miniaturen: Eginald Schlattner bewahrtSiebenbürgen, 19. 10.2005 in Frankfurter AllgemeineZeitung.12 *** Ein Rebell findet zu Gott, Nr.77/4/2002,Hermannstädter Heimat-Bote. „Mit dem Roman 'Dergeköpfte Hahn' habe ich die Reste meiner Seele gerettet,den Rest haben meine Kirchenkinder mitgenommen.“


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is switched with the happy past of his youth,so that personal and collective destinies comealive. The author manages to create a visually-metaphorical world in more than 500 pages13.

The Quarta of the German School in Făgărașcelebrates Exitus, actually the farewell ofchildhood, a kind of thé dansant. All classmembers are invited, regardless of race,religion or culture. This class simbolicallypictures the entire Transylvanian society:tolerance and understanding on the one hand,conflicts and lack of communication on theother hand. The storyline is supported byvarious people coming from different socialclasses, where ethnicity plays a decisive role.

The Piano in the Mist describes the year 1948,the year of expropiations. As stated in severalinterviews, it is Schlattner’s favourite novel.The great theme of love, which drives ourdestinies, can move mountains and decide onups and downs. The relationship between theRomanian woman Rodica and theTransylvanian Saxon man Clemens is thebridge between the two cultures. They eachembody the culture from which they arederived and are ”children” of their nation.Their conscious and unconscious actionscoincide with the nation`s values andnorms.The theme of ethnic identity shapes thisrelationship, it is crucial for its development,for its rise and fall. This meeting is the”peaceful confrontation” between the twoworlds, but it fails because of the differences.Although the relationship between Clemensand Rodica can be considered as the thread ofthe novel, subplots and secondary charactersare not to be ignored. The description of themulticultural Transylvanian world iscompleted with the description of the Banat.The Orthodox spirituality is described herefrom the perspective of a LutheranTransylvanian Saxon. A crucial role inTransylvania is played also by thecommunism. The goal of it is to create thesocialist human being, where nationality,

13 Brantsch, Ingmar: Die Wahrheit ist eine Tochter derZeit. Zu Eginald Schlattners Roman „Der geköpfteHahn”, 15.01.1999, in Deutscher Ortdienst.

language and religion are canceled, wherethere is no need for intercultural competence.

Red Gloves is centred on the years 1957-1959,the years of arrest. This novel is highlyautobiographical. The life and sufferings incommunist Romania are presented from apersonal perspective. Eginald Schlattner dealsin an individual way with his own past and theRomanian Securitate and writes about hisexperience as he lived it14.

The cell at the Securitate in Stalin city alsodraws a picture of the Romanian society. Thedetainees belong to many different worlds, themulticultural face of Transylvania is shownhere in detail. Anton Rosmarin fromTimișoara, the communist Romanian hunterfrom Mediaș who is married to aTransylvanian Saxon woman, the legal advisordr. Ghiosdan, the Hungarian peasant BelaNagy, the Orthodoxe monk Atanasiu are someof the figures that enliven the cell. Their lives,their attitudes and values are the results oftheir lives in freedom. The different cultures,races, religions and social classes arehighlighted in this novel.

Conclusion

The priest and writer Eginald Schlattnerrememorates aspects of contemporary history,that for some of us are still present. It isimportant to read such novels open minded, inorder to understand that the world is in a

14 Henkel, Jürgen: Prosa gegen das Vergessen. EginaldSchlattner bewältigt in seinem zweiten großen Roman„Rote Handschuhe“ seine Jahre im kommunistischenKerker, Nr.1707/15.12.2000 in Hermannstädter Zeitung.„Das im Februar2001 erscheinende Werk handelt vomLeben und Leiden im kommunistischen Kerker. Auchdieser Roman erweist sich als ganz persönliche Formder Vergangenheitsbewältigung. Geschichte wird dabeidem Erzähler zur Deutung anvertraut. AuthentischeGefühle, prägende Erfahrungen und unmittelbareBetroffenheit werden in Prosa gekleidet, um das Grauenim Gewand der Literatur zu schildern. […] Auch das in'Rote Handschuhe' mit aufrüttelnder DramatikGeschilderte ist im Umkreis des Autors persönlicherlebt worden. Doch dabei entsteht weder eineAutobiographie innerer Emigration, noch ein Tagebuchdes Terrors, sondern packende Prosa gegen dasVergessen und Verdrängen. “


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process of changing, that principles and valuesare changing. Concepts like interculturalty andmulticulturality also belong to the future. Themap of Europe teaches us how it is going to bein several years. Intercultural competence in amulticultural Europe is the most importantfeature we have to deal with. Even thoughthese novels are refering to past times, theirthemes are still valuable.

ReferencesInterview with Eginald Schlattner, 15.09.2004 in

Siebenbürgische Zeitung*** Ein Rebell findet zu Gott, Nr.77/4/2002,

Hermannstädter Heimat-BoteBrantsch, Ingmar: Die Wahrheit ist eine Tochter der

Zeit. Zu Eginald Schlattners Roman „Der geköpfteHahn”, 15.01.1999, in Deutscher Ortdienst

Henkel, Jürgen: Prosa gegen das Vergessen.Eginald Schlattner bewältigt in seinem zweiten großen

Roman „Rote Handschuhe“ seine Jahre imkommunistischen Kerker, Nr.1707/15.12.2000 inHermannstädter Zeitung

Koneffke, Jan: Liebe in Zeiten von Tito und Stalin .Eginald Schlattners neuer Roman „Das Klavier imNebel“, 21.11.2005

Kosler, Hans Christian: Bunt wie einKirchenfenster. Eginald Schlattner wird siebzig. 13.September 2003 in Neue Züricher Zeitung

König, Walter (Hrsg.), 1994: Siebenbürgenzwischen den beiden Weltkriegen, Band 28, BöhlauVerlag, Köln Weimar Wien, page 220

Langer, Jens: Entdeckungen des Bleibenden.Eginald Schlattner feiert morgen 75. Geburtstag,12.09.2008, in Allgemeine Deutsche Zeitung

Langer, Jens: Das Gelächter der Deklassierten,06.08.2009

Schneider, Wolfgang: Nirgendwo ist Gnadenflor.Ein Panorama aus Miniaturen: Eginald Schlattnerbewahrt Siebenbürgen, 19. 10. 2005 in FrankfurterAllgemeine Zeitung.


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Interkulturelle Kontakte zwischen den Siebenbürger Sachsen und denRumänen in Eginald Schlattners Roman Das Klavier im Nebel

Die Siebenbürger Sachsen und das rumänische Umfeld

Andreea DUMITRUSibiu Alma Mater University, Someşului 57, 550003 Sibiu, Romania

Phone/Fax: +40 269 250008E-mail: [email protected]

ZusammenfassungDer folgende Beitrag untersucht die Entwicklung der Stadt Schäßburg, so wie sie im Roman Das Klavier im Nebeldargestellt wird. Im Mittelpunkt stehen aber die Beziehungen zwischen den Rumänen und den SiebenbürgerSachsen, die sich nach der Machtübernahme der Kommunisten stark verändern. Die Nivellierungspolitik der neuenRegierung greift in alle Bereiche des täglichen Lebens ein.Schlüsselwörter: Interkulturalität, Kontakte, Siebenbürger Sachsen, Rumänen, KommunismusRezumatUrmătorul articol analizează dezvoltarea orașului Sighișoara, așa cum este prezentată în romanul Clavir în ceață. Încentrul atenției sunt legăturile dintre români și sașii transilvăneni, legături care după preluarea puterii de cătrecomuniști s-au schimbat foarte mult. Politica de nivelare a conducerii de partid intervine în toate aspectele viețiicotidiene.Cuvinte cheie: interculturalitate, contacte, sași transilvăneni, români, comunism

Um 1200 wird die Stadt Schäßburg vondeutschen Siedlern gegründet, 1298 erfolgtdie „erste urkundliche Erwähnung des Ortesmit der Bezeichnung 'Schespurch'“.(Brandsch & Heltmann & Lingner, 1998)Wie groß die Anzahl der ersten Siedler war,entzieht sich unserer Kenntnis. Sie dürfteaber, nach dem Ausmaß der erstenSiedlungsanlage zu schließen, rechtbescheiden gewesen sein. Die ersteBevölkerungszählung von Schäßburg ist unsaus dem Jahre 1489 bekannt. Es werden 600Wirte, 20 Siedler (Einwohner ohne eigenenHausbesitz) 3 Stadtdiener, 2 Mühlen(?), 9Arme und 4 Hirten genannt. (Brandsch &Heltmann & Lingner, 1998)Bis Anfang des 20. Jahrhunderts stellen dieSiebenbürger Sachsen die Mehrheit derBevölkerung dar, doch die Anzahl derrumänischen Bewohner steigt konstant, sodass sie nach 1918 die Majorität ausmachen.Als Stadtgründer sind die SiebenbürgerSachsen besonders stolz auf ihre Stadt und

schützen diese vor den Rumänen oder voranderen Minderheiten, indem sie diesen dasBaurecht innerhalb der Wehrmauernverbieten. Im 18. Jahrhundert erhalten dieSiebenbürger Rumänen dank desjosephinischen Toleranzediktes (1781) dieMöglichkeit innerhalb der StadtmauernHäuser zu bauen, sehr zur Unzufriedenheitder Sachsen, die sich dadurch bedroht fühlen.Diese neuen Umstände führen das Konzeptdes Miteinanders ein, das aber nicht vonbeiden Seiten akzeptiert wird.Der Großvater von Rodica Neagoie ist dererste Siebenbürger Rumäne, der sich einHaus in der Stadtmitte baut. Das Hausunterscheidet sich wenig von denen derSiebenbürger Sachsen1, nur das orthodoxeKreuz auf dem Giebel klärt die Menschen

1 „Ein einstöckiges Haus mit ernsthafter Fassade,diese nicht anders als die der Nachbarn, mit sparsamerVerzierung. Ein herrschaftliches Haus, das sich ruhigmit dem Albertinischen Haus hätte messen können.Oder mit dem Rosenthalischen.” KN 301-302.

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über die Abstammung des Hausbesitzers auf.Die junge Frau Rodica kennt dieFamiliengeschichte und erklärt Clemens,welche Schwierigkeiten es für ihrenrumänischen Großvater in der 'Sachsenstadt'gegeben hat. Die ganze sächsischeGemeinschaft hat lautstark gegen dasjosephinische Gesetz protestiert2 und dasEcho des Protests bleibt sogar im 20.Jahrhundert erhalten. Im Gespräch mitRodica kommt diese Meinung durch dieStimme von Clemens deutlich zumVorschein. Er ist irritiert, kritisiert dasrumänische Volk und bekräftigt seineAussagen, indem er auf die Ansichten derGroßmutter Ottilie Rescher zurückgreift, diewegen ihrer Lebenserfahrung glaubwürdigererscheinen3. Der Siebenbürger Sachseidentifiziert das geliebte Mädchen mit demStadthaus, mit dem Doppelkreuz „ausverzinktem Blech“ (KN 302), das ihm durchdie „strotzende Zurschaustellung christlicherSymbolik nicht nur aufgefallen war, sondernihn auch gestört hatte“ (KN 302), mit denSiebenbürger Rumänen im Allgemeinen.Dieselbe Haltung vertritt auch Rodica, dieClemens zu dem siebenbürgisch-sächsischenVolk4 zählt. Sie wirft ihrem Freund dieEinstellung seiner Landsleute gegenüberihrem Vorfahren vor, denn sie haben ihm ausRache nicht erlaubt, sich an dieWasserleitung der Stadt anzuschließen. Dochweil das Brunnenwasser des „Walachen“(KN 303) besser schmeckt, schicken dieSachsen ihre Mägde abends, um frischesWasser zu holen. Es entwickelt sich eine Artwirtschaftliche Beziehung, die aber darüberhinaus nicht geht. Auf den Dörfern gibt essogar getrennte Siedlungen „mit zweiKirchen, zweimal Pfarrhaus, zweimalSchule: sächsisch, rumänisch“ (KN 325), dieder junge Mann als eine

2 „Die Stadt sei kopfgestanden, als ihr Großvatermitten auf dem Marktplatz in die Freie KöniglicheSächsische Stadt Schäßburg ein Haus gebaut habe[…].“ KN 302.3 „»Damals haben sich eure Leute in unseren Städtenbreitgemacht«, er verbesserte sich, »das heißtniedergelassen. Das sei der Anfang vom Endegewesen, meint meine Großmutter.«“ KN 302.4 „eure Sachsen“ KN 302.

Selbstverständlichkeit betrachtet, wobei fürdie junge Frau diese Art der KoexistenzTrennung und Missverständnisse mitbringt.Das Zusammenleben besteht in dieser Etappenur in der gemeinsamen Nutzung desselbenRaumes und ist multikulturell geprägt.Nach der Eingliederung Siebenbürgens 1918intensivieren sich die Kontakte zwischen denbeiden Bevölkerungsgruppen, so dass dieBeziehung 'Minderheit – Mehrheit' anGewicht gewinnt. Die siebenbürgisch-sächsischen Einrichtungen bleiben bis nachdem Zweiten Weltkrieg erhalten, nach derkommunistischen Machtübernahme5 werdendiese aufgelöst und durch staatliche oderstaatlich gelenkte Institutionen ersetzt6.Im schulischen Bereich sind die Änderungeninstitutioneller Art. Die Lehrbücher werdenvom „Ministerium für Unterricht undVolkserziehung in der VolksrepublikRumänien“ (KN 435) herausgegeben nichtmehr vom „Ministerium der Kulte undNationalen Erziehung im KönigreichRumänien für Schulen mit deutscherUnterrichtssprache der Evangelischen KircheAugsburger Bekenntnisses“ (KN 435), sodass man daraus schließen kann, dass sichauch die Inhalte verändert haben. Der Coetusdes Chlamydaten7, der seit dem Mittelalterdurch Johannes Honterus in alledeutschsprachigen Schulen eingeführtworden ist, wird verboten und dertraditionelle Aufzug am 1. Mai findet nichtmehr statt. Die deutschen Gymnasien werdenaufgelöst und „alle kirchlichen Lehranstaltenverstaatlicht“ (KN 64). Trotz allerÄnderungen erlaubt der rumänische Staat dieBeibehaltung der deutschenUnterrichtssprache und das Erlernen derrumänischen Landessprache alsFremdsprache (KN 41; KN 65), ein Aspekt,der von der jungen Siebenbürger Sächsin

5 „Frühjahr 1948. Eben war die Vereinigung vonrumänischer KP und SPD in Szene gesetzt worden,und die Rumänische Arbeiterpartei spie Feuer ausallen Nüstern.” KN 63.6 „Allein kommunistische Jugendorganisationen seien

gestattet.“ KN 63.7http://www.siebenbuerger.de/zeitung/artikel/kultur/89

14-der-coetus-an-siebenbuergisch.html,02.05.2012.


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Isabella Reinhardt aus politischer Sicht nichtverstanden wird. Eben diese anfänglicheMinderheitenpolitik rettet diedeutschstämmige GemeinschaftSiebenbürgens, denn durch die Erhaltung derSprache auf einem hohen Niveau kann auchdas kulturelle Leben aufblühen. DieAusbildung der Lehrerinnen geschieht nichtmehr im Seminar sondern im PädagogischenLyzeum und anstatt Religion alsUnterrichtsfach lehrt man Russisch undParteigeschichte. Die Siebenbürger Sachsengehen ausschließlich in deutschsprachigeSchulen und meiden die rumänischenSchulen aus mehreren Gründen: Erstensbeherrschen die Kinder, deren MutterspracheDeutsch ist, kein Rumänisch, zweitens sinddie rumänischen Lehrer nicht so gutvorbereitet, drittens wird die siebenbürgisch-sächsische Schule mit bestimmtenWeltanschauungen, die dort vermitteltwerden, verbunden, und viertens ist diePflichtalphabetisierung in der eigenen Kultureine jahrhundertealte Tradition.Im kirchlichen Bereich heben sich dieSiebenbürger Sachsen von den Rumänen ab.Die evangelische Kirche A.B. der Deutschenin Rumänien gehört neben der Schule zu denkulturtragenden Institutionen und kann mitdem siebenbürgisch-sächsischen Volkgleichgesetzt werden. Es handelt sich dabeium ein geschlossenes System, das seineMitglieder von Geburt an bis zum Todesowohl unterstützt als auch sanktioniert. DieMitgliedschaft in der lutherischen KircheSiebenbürgens wird von der Abstammung8

und der Sprache konditioniert, so dass dieRumänen, die des Deutschen mächtig sind,zu den Gottesdiensten gehen können, ohnejedoch als vollständige Mitglieder anerkanntzu werden. Die protestantische Kirche hat imLaufe der Jahrhunderte eine großeAutonomie genossen, die aber im 20.Jahrhundert eingebüßt wird. Der StadtpfarrerSeraphin, der oberste kirchlicheWürdenträger der Stadt Schäßburg, genießtdas volle Vertrauen seiner Kirchenkinder, sodass er sich sogar freiwillig zur Deportation

8 „»[…] Kirche und Volk sind bei uns immer ein unddasselbe gewesen«, sagte der Bischof.“ KN 227.

1945 (KN 292-293) meldet und alsGeistlicher mit gutem Beispiel vorangeht.Diese Opferbereitschaft des evangelischenPfarrers und der tiefgründige Glaube an Gottpassen nicht zu dem Bild, das sich dieRumänen über die nüchternensiebenbürgisch-sächsischen Gottesmännergemacht haben. So zum Beispiel hat dieRumänin Rodica als Außenstehende keinenEinblick in die Tiefenstruktur derevangelischen Kirche, so dass ihre Meinungaus einer einseitigen Perspektive subjektivund oberflächlich9 ist. Er beweist durch seinVerhalten genau das Gegenteil. Nach seinerRückkehr nimmt der Staatpfarrer seinenDienst erneut auf. Er wird von derStaatsmacht angehalten, demkommunistischen System die Treue zubeweisen, doch die Anpassung verläuftschrittweise und ziemlich schwierig, dennman hält an alten Mustern fest. In derSchäßburger Pfarrerkanzlei wird Sächsischoder Deutsch gesprochen, sogar wenn dieParteileute anrufen, wird die Sekretärinaufgefordert diese Sprache (KN 219) zubenützen. Im Unterschied zu ihren Pfarrern,die trotz sozialer Änderungen ihre Stellungbehalten können, befindet sich diesiebenbürgisch-sächsische Bevölkerung.Obwohl die Mehrheit davon ihre ehemaligePosition in der Gesellschaft unfreiwilligaufgegeben hat, bleibt der sonntäglicheKirchengang eine Möglichkeit unbewusstihre Überlegenheit10 zu zeigen. Die „ererbtenKirchenpelze“ (KN 280), die Umhänge mitStickereien, die Marderfellmützen derMänner und die Bauerntracht der Frauen,„die trotzig der ungarischen Adelskleidungdes Mittelalters nachempfunden war“ (KN280) erinnern an vergangene Zeiten, dieSitzordnung in den alten Kirchen deutet aufeine gottgegebene Ordnung hin, die unterallen Umständen eingehalten wird11. Die

9 „»Ich dachte, eure Pfarrer seien sehr gescheit undgebildet, studierte Leute, elegant gekleidet und vollerManieren, aber daß sie auch gläubig sind, habe ichnicht gewußt.«” KN 293.10 „Nur am Sonntag verwandelten sie sich in die

Herren von ehedem.“ KN 280.11 „Denn im Altargebet gedachte der Pfarrer dervielen, die fehlten und deren Plätze wie heilig gehütet

Andreea DUMITRU – Interkulturelle Kontakte zwischen den Siebenbürger Sachsen und den Rumänen in ...

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Siebenbürger Sachsen halten an ihrenTraditionen fest, wobei die Kirche alsZufluchtsort angesehen wird. Die lutherischeKirche behält weiterhin die seelsorgerlicheund kulturelle Funktion, wenn auch etwaseingeschränkter.Im beruflichen Bereich ist diesiebenbürgisch-sächsische Minderheit immerstärker vertreten und gut sichtbar. Da derrumänische Staat eine Nivellierungspolitik,sowohl auf vertikaler als auch aufhorizontaler Ebene, verfolgt, verschwindendie Unterschiede zwischen Stadt und Dorfallmählich12. Jede/r Staatsbürger/in muss imkommunistischen Staat in dem vorgegebenenRahmen arbeiten, unabhängig von Ethnieund Konfession. Die Bauern, deren Viehenteignet worden ist, arbeiten mit ihren„rumänischen Berufsgenossen“ (KN 280) aufden staatlichen Farmen zusammen undunterscheiden sich äußerlich von diesen nurwenig. Der größte Unterschied besteht aberin der Einstellung zur Arbeit, die nach altenGewohnheiten und Bestimmungen vollzogenwird. Das Säubern der Kuhweide geschiehtzum Beispiel freiwillig (KN 286), obwohldiese im staatlichen Besitz ist. Die neueArbeitssprache ist rumänisch, so dass dieMuttersprache verdrängt und auf dasFamilien- und Gemeindeleben beschränktwird.In den Städten ist die Situation ähnlich, dadie Mehrheit der Fabrikarbeiter mit denen dieSiebenbürger Sachsen interagieren undinterkulturelle Kontakte knüpfen müssen,Rumänen sind. In diesem Umfeld haben aberdie Vertreter der Minderheit immer nochunter der Kollektivschuldthese zu leiden (KN185; KN 211). Clemens Rescher, der nachder Enteignung seiner Familie eine Stelle inder verstaatlichten Porzellanfabrik Aurorapurpurie bekommt, arbeitet als Tagelöhner,ohne Rechte oder die Möglichkeit einerfesten Anstellung. Der junge Siebenbürger

wurden.“ KN 282.12 „Somit war der Unterschied voll gegenseitigenRespekts zwischen Stadt und Land, Bürger und Bauergewalttätig verwischt worden. Vielleicht war es beidenTeilen peinlich, daß sie das sein sollten, was sie seinmußten.“ KN 288.

Sachse redet dort ausschließlich rumänischund nimmt die Umgebung aus einer ihmfremden Perspektive wahr. Seine „Erziehungzu Pflicht und Schuldigkeit“ (KN 22) stehtim Gegensatz zur Einstellung seinerrumänischen Arbeitskollegen13, die dieArbeit locker nehmen. Clemens steigt trotzseines bürgerlichen Hintergrunds14 zumVorarbeiter auf, denn seine Innovationverbessert die Produktivität der Fabrik. AlsBelohnung für die Steigerung der Produktionwird er von den kommunistischenVorgesetzten versetzt (KN 185) und arbeitetin einem für ihn noch fremderen Umfeldzusammen mit Zigeunerinnen. Hier lernt erdie Prinzipien der Toleranz kennen undentwickelt interkulturelle Kompetenzen.Seine Gehilfin Carmencita eröffnet Clemenseine vorurteilslose Welt vollerLebensweisheiten, die er wegen der Sprachenicht immer versteht. Aus diesem Grundübersetzt der Siebenbürger Sachse15 dasGesagte, um es besser nachvollziehen zukönnen. Die Verbindung zwischen denbeiden Gestalten vertieft sich mit der Zeitund findet ihren Höhepunkt, als Clemensseinen Vorgesetzten Sivu Savu ohrfeigt (KN213), weil dieser Carmencita geschlagen hat.Dieser Konflikt wird unerwartet und schnellbeendet, wobei daran erinnert wird, wie eintypischer Sachse in Grenzsituationen16

handelt. Eigenschaften wie Ausgeglichenheitund Korrektheit werden der siebenbürgisch-sächsischen Minderheit zugesprochen undvon der Mehrheitsbevölkerung bewundert.Als Folge der Zusammenarbeit in staatlichenFarmen oder Fabriken kommt es zu

13 „ […] »das wichtigste Gebot bei der Nachtarbeitheißt: Schlafen! Schlafen! Schlafen!«” KN 177.

14 „Denkbar einfach war deren Plan: Arbeiter sollteClemens werden, in der Porzellanfabrik AuroraPurpurie, bis vor kurzem Laetz und Schmidl. »Damitdu ausschwitzt dein reaktionäres Blut!«“ KN 164.15 „ […] oder er versuchte in seine Muttersprache zuübersetzen, was er von ihr gehört hatte, was ihmnahegegangen war.“ KN 188.16 „»Weißt du, weshalb ich dir diese Watschenverabreicht habe?« »Nein«, sagte der andere. »Mirgenügt es jedoch, wenn du es weißt. Denn du bist einSachse, und die Sachsen tun nie etwas Unbedachtes,tun nie etwas, ohne zu überlegen.«” KN 213.


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vermehrten Kontakten zwischen denKulturen, die sich von Vorteil erweisen, weildie Nähe Auskunft über den Anderen gibtund zum besseren Verständnis zwischenihren Vertretern führt.Die siebenbürgisch-sächsische Minderheitwird vom kommunistischen Regime bewusstmit der rumänischen Mehrheitsbevölkerungvermischt, mit dem Ziel den sozialistischenMenschen zu schaffen, der sich von seinerEthnie und Konfession lossagt. DiesesModell ist jedoch mit der Wirklichkeit nichtvereinbar, denn das kulturelle Gut, die Sittenund Bräuche, die Mentalitäten und dieVerhaltensmuster können mit dem Einführeneiner neuen Ideologie nicht verwischtwerden.

Quellenverzeichnis***Studii de istorie a naționalității germane și a

înfrățirii ei cu națiunea română. Naționalitateagermană. Volum 1, Centrul de științe sociale dinSibiu, Editura Politică, București, 1976

Schlattner, Eginald: Das Klavier im Nebel,Deutscher Taschenbuch Verlag GmbH & Co. KG,München, November 2007 (als KN im Text)

Brandsch, Heinz & Heltmann, Heinz & Lingner,Walter (Hrsg.): Schäßburg. Bild einersiebenbürgischen Stadt, Rautenwerk Verlag, Leer,1998

Karnoouh, Claude: Românii. Tipologii șimentalități, Editura Humanitas, 1994

Klaube, Manfred: Das sächsischeMinderheitensiedlungsgebiet in Südsiebenbürgen,Verlag Hans Meschendörfer, München, 1971

McArthur, Marylin: Zum Identitätswandel derSiebenbürger Sachsen. Nassehi, Armin und Weber,Georg: Identität, Ethnizität und Gesellschaft, BöhlauVerlag, Köln Wien, 1990

http://www.siebenbuerger.de/zeitung/artikel/kultur/8914-der-coetus-an-siebenbuergisch.html,02.05.2012.


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Index of authors

Index of authors

ARSENE Ilie - Viorel, 25, 32

CIOBANU Ion, 17

COSMA Mircea, 3

DUMITRU Andreea, 39, 44

NICULESCU Brânduşa-Oana, 3

OBILIŞTEANU Georgeta, 3

VLĂDESCU Ionuţ, 12, 20

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Index of keywords

Index of keywords A B C career 12 career education 12 career counseling 12 certificate 25 Chamber of Notaries Public 25 consent 25 court 32 chronicle 39 culture 17 cultural industry 17 D domicile 32 E education 17 educational competence 20 educational technologies 20 educational system 20 empathy 20 F G H higher education 3

higher education teaching 3 I ideology 17 inheritance 25 Interkulturalität 44 J K Kontakte 44 Kommunismus 44 L learning situations 20 M mass media 17 media culture 17 N New Civil Procedure Code 32 O P pedagogical situation 20 psychology career 12 psycho-pedagogical counseling 20 planning careers 12 professional career management 12

public service for people registration 25 Q quality 3 R Rumänen 44 S school curriculum 20 student 3 sinecty 12 Siebenbürger Sachsen 44 Schlattner 39 T teaching style 3 territorial jurisdiction 32 Transylvania 39 U usucapio 25 V vocational guidance 12 W writ of summons 32

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Sibiu Alma Mater University Journals C - Social Sciences/Vol7no2 2014... · Leila BARDAŞUC Assistant, PhD ... de cerinţele societale ale primelor decenii ale secolului al XXI-lea