This article approaches an aspect of "consular jurisdiction" that conti¬nued to be implemented in Romania even after the recognition of its independence (1880), although ambiguously with regards to Greece.
"Consular jurisdiction", also known as "extraterritoriality", was a privilege that the Ottoman sultans conceded from time to time to powerful Christian rulers. The objective of these Christian rulers was to protect their subjects in an empire organized on religious discrimination where Islam was predominant. Originally extraterritoriality was granted in exceptional situations. But due to the decline of the military and political power of the Ottoman Empire, it became in the 19th century a commonplace, right not only of the powerful European states but also of smaller ones, like Greece. Consular jurisdiction essentially conferred the right to the foreign consuls to the Ottoman Empire to implement the laws of the country they represented over its subjects in "Turkey".
Moldavia and Walachia, which were united in 1859 and later were recognized as "Romania", had entered under the domination of the Ottoman Empire since the 15th century. This relation with the Ottoman Empire was also reflected in the implementation of consular jurisdiction. However, the Romanian authorities deployed all their efforts to neutralize this privilege of foreign states in Romania.
The "Dourouttis case" is a typical example of the implementation of foreign laws in independent Romania. An inhabitant in Romania of Greek nationality, Saros, died in 1887 and left behind him a small fortune. The Romanian authorities rushed to implement the local inheritance laws towards the fortune. Greek consular authorities interfered, recognizing only Romanian civil procedure in the affairs of Greek subjects. The Romanians ignored the Greek protests and proceeded in the implementation of their own laws. In response, the Greek government recalled its diplomatic
254
Gabriela Florea
representative, Dourouttis, back to Athens. According to the Athenian press, Greece was considering assigning the protection of its interests in Romania to one of the Great Powers. This perspective eventually influenced Romanians to adopt a more conciliatory attitude towards the Greek claims.
The concern of the Romanian government to avoid the eventuality of a Great Power assuming protection of Greek interests in Romania may be considered evidence that Romania had not officially recognized the principle of extraterritoriality towards Greece but felt bound to respect it towards the Great Powers
(EN)
Ελλάδα--Διπλωματικές σχέσεις--Ρουμανία
(EL)
Ρουμανική ιστοριογραφία
(EL)
Δωδώνη: Τεύχος Πρώτο: επιστημονική επετηρίδα του Τμήματος Ιστορίας και Αρχαιολογίας της Φιλοσοφικής Σχολής του Πανεπιστημίου Ιωαννίνων; Τόμ. 36-37 (2007-2008)
(EL)
Greek
Πανεπιστήμιο Ιωαννίνων. Φιλοσοφική Σχολή. Τμήμα Ιστορίας και Αρχαιολογίας
(EN)
Πανεπιστήμιο Ιωαννίνων. Βιβλιοθήκη και Κέντρο Πληροφόρησης
(EL)
University of Ioannina
