Fluid Borders of National-Cultural Autonomy: The Legal Status of National Minority Councils in Serbia

2019 ◽  
Vol 48 (2) ◽  
pp. 273-288
Author(s):  
Katinka Beretka
Keyword(s):  
Legal Status ◽  
Governance Structure ◽  
National Minority ◽  
Constitutional Court ◽  
Public Agencies ◽  
Cultural Autonomy ◽  
National Minorities ◽  
Social Scientific ◽  
Legal Character ◽  
Real Self

AbstractThis article gives an overview of the current position of minority self-governance within the Serbian legal order and its multilevel governance structure, with a particular focus on issues deriving from the missing legal determination of national minority councils. Although Serbia’s 2009 Law on National Minority Councils was welcomed by the international community, both national minority councils and public agencies have from the very beginning of its operation expressed serious concerns relating inter alia to the unspecified legal status of the councils. This has resulted in frequent misunderstandings in practice and, rather than being real self-governments of national minorities under public law, the councils are usually treated as nongovernmental organizations (NGOs) or organizations under the influence of political parties. Instead of presenting (international) political and social scientific approaches to the legal character of non-territorial autonomy in general, the article focuses on concrete legislative solutions and Constitutional Court practice regarding issues relevant to the de jure status of national minority councils in Serbia, such as election rules, competences, and funding.

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

scholarly journals ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ ХРВАТСКЕ У ОБЛАСТИ ПРАВА НАЦИОНАЛНИХ МАЊИНА, СА ПОСЕБНИМ ОСВРТОМ НА ЈЕЗИЧКА ПРАВА СРПСКЕ ЗАЈЕДНИЦЕ У ХРВАТСКОЈ

2021 ◽  
Vol 26 (1) ◽  
pp. 71-97
Author(s):  
Катинка Беретка
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Language Rights ◽  
Minority Communities ◽  
The Public ◽  
Cultural Autonomy ◽  
National Minorities ◽  
Sensitive Topics ◽  
Nation States ◽  
The Republic

In the period from 2000 to the present day, the Constitutional Court of the Republic of Croatia has often faced the challenge of deciding on politically sensitive topics, especially when it comes to the need to protect the rights of both traditional and so-called “new” minority communities (which emerged from the constituent nations of the former Yugoslavia by the formation of new independent nation-states). The cases that occur in court practice are diverse, but mainly refer to cultural autonomy, representation of persons belonging to national minorities in local or regional representative bodies and equal representation in the public sector, as well as (official) use of language and script. The submitters of constitutional complaints, and the initiators of the procedures for assessing the constitutionality and legality of general legal acts, were guided by various motives; and the question is whether these motives influenced the work of the constitutional court, or in other words, whether the court remained faithful to its original role of protecting the basic, timeless values of the constitutional order of Croatia or was guided by current party policy programs. In addition to the general presentation of the legal regulation of minority rights, and the jurisdiction of the Constitutional Court in Croatia, the paper analyzes cases related to the language rights of “new” minority communities, focusing on the arguments of both “parties” in the procedure and the constitutional court, as well. The goal of this paper is to present the practice of the Constitutional Court of Croatia in the field of language rights of national minorities through specific constitutional court cases, with special reference to the consistency of the court’s argumentation.

scholarly journals RELIGION AND NATIONAL MINORITIES IN THE LEGAL AND POLITICAL SYSTEM OF THE REPUBLIC OF SERBIA

2012 ◽  
Vol 6 (1) ◽  
pp. 133-159
Author(s):  
Vladimir Đurić
Keyword(s):  
Political Participation ◽  
Political System ◽  
Public Affairs ◽  
National Minority ◽  
Specific Method ◽  
Cultural Autonomy ◽  
Minority Identity ◽  
Minority Participation ◽  
National Minorities ◽  
The Republic

This article analyzes the normative regulation of the relation between religion and national minorities in the legal and political system of Serbia. The analysis of religion and national minorities in the legal and political system of Serbia includes four, mutually linked, groups of issues. The first includes issues of normative regulation of the very notion of national minorities and religion, as well as religion as an element of national minority identity. This article’s second field of interest is made up of issues of normative regulation of religion in the political participation of national minorities. The third group of issues are those pertaining to religion and the cultural autonomy of national minorities, as a specific method of national minority participation in the public affairs of the Republic of Serbia. The issue of the range of application of minority rights in the regulation of the establishment and functioning of churches and religious communities is the fourth group of issues observed. It will be noticed that religion is considered, among other characteristics, in the legal and political system of Serbia, the very essence of what makes a social group a national minority and can be the sole element of differentiation and determination of a national minority. The influence and importance of religion as an element of national minority identity is more pronounced and direct in the sphere of national minority cultural autonomy, then in view of their political participation.

scholarly journals Position of Serbian minorities in neighboring countries in the light of European integration and geopolitical processes

Vojno delo ◽  
2020 ◽  
Vol 72 (2) ◽  
pp. 37-55
Author(s):  
Nada Raduški
Keyword(s):  
Legal Status ◽  
National Minority ◽  
The European Union ◽  
Ethnic Conflicts ◽  
International Regulation ◽  
National Minorities ◽  
The Status ◽  
New States ◽  
European Standards ◽  
In The Beginning

Within contemporary geopolitical processes, respect for the rights of national minorities is no longer the discretion of a state, but rather is an indirect or direct international regulation of the minority issue. In the beginning of the 1990s, the political economical crisis and disintegration of the former SFRY opened the national question, that was considered to be permanently and successfully solved, in the most dramatic way, and ethnic conflicts and clashes followed the desintegration of the country. With the formation of a new states on the territory of the former Yugoslavia, the existence of numerous and different national minorities ("old" and "new") required a different approach to their protection and integration in complex political circumstances. Thus, the position of the so called new minorities drastically changed since they formed constituent nations in the former SFRY, while after secession they remained separated from their home nations and became national minorities almost overnight. Out of Serbia, in former Yugoslav republics live nearly half a million persons belonging to Serbian nationality as new national minority. The paper discusses the position and rights of the Serbian minority in the post Yugoslav states (Slovenia, Croatia, Northern Macedonia, Montenegro) as well as in some neighboring member states of the European Union (Hungary, Romania, Bulgaria). In addition to the analysis of basic demographic indicators (number and spatial distribution) that determine the realization of the rights and freedoms of each minority, the paper examines the issue of protecting the national, cultural and linguistic identity of Serbs, as well as the ways of its preservation and improvement. Although the social and legal status of the Serbian minority is determined by European standards, the analysis points to their undefined status, since they still do not recognize the status of a national minority in some countries, and that they are in practice faced with more or less assimilation. In order to fully realize minority rights and improve the position of the Serb minority, ratified international documents, bilateral agreements, national laws, as well as well-designed policies and assistance from the home state are of great importance.Respecting basic human rights and freedom, as well as national minority protection, represent the basic factors of stability, security and democratic and socio-economic development of every country.

National Minority Rights and Democratic Political Community: Experience and Perspective of the OSCE High Commissioner on National Minorities

2019 ◽  
Vol 48 (2) ◽  
pp. 267-272
Author(s):  
Stéphanie Marsal
Keyword(s):  
Ethnic Diversity ◽  
Minority Groups ◽  
Good Governance ◽  
Political Community ◽  
National Minority ◽  
Potential Contribution ◽  
Cultural Autonomy ◽  
National Minorities ◽  
High Commissioner ◽  
Inclusive Approach

AbstractThis article examines the OSCE HCNM experience with regard to situations where cultural autonomy arrangements exist and discusses the potential contribution of such arrangements to managing ethnic diversity. It reviews some of the salient issues that have arisen with regard to the legal and political framework of these arrangements. This article highlights the importance for bodies of cultural autonomy to comply with good governance principles, including respect for diversity within minority groups and insists on a more inclusive approach to autonomy.

“Serbs” in Bela krajina: a (deliberately) forgotten minority?

2015 ◽  
Vol 43 (1) ◽  
pp. 178-194
Author(s):  
Romana Bešter ◽  
Miran Komac ◽  
Mojca Medvešek ◽  
Janez Pirc
Keyword(s):  
Ethnic Groups ◽  
Ethnic Minorities ◽  
Field Research ◽  
Border Region ◽  
National Minority ◽  
Minority Status ◽  
Small Community ◽  
Minority Protection ◽  
National Minorities

There are three constitutionally recognized national/ethnic minorities in Slovenia: the Italians, the Hungarians and the Roma. In addition, there are other ethnic groups that could perhaps be considered as “autochthonous” national minorities in line with Slovenia's understanding of this concept. Among them is a small community of “Serbs” – the successors of the Uskoks living in Bela krajina, a border region of Slovenia. In this article we present results of a field research that focused on the following question: Can the “Serb” community in Bela krajina be considered a national minority? On the basis of the objective facts, it could be said that the “Serbs” in four Bela krajina villages are a potential national minority, but with regard to their modest social vitality and the fact that they do not express their desire for minority status, the realization of special minority protection is questionable.

Effective Participation of National Minorities in Public Affairs in Light of National Case Law

2009 ◽  
Vol 16 (4) ◽  
pp. 621-642 ◽  
Author(s):  
Joseph Marko
Keyword(s):  
Ethnic Diversity ◽  
Legal Status ◽  
Minority Groups ◽  
Case Law ◽  
Public Affairs ◽  
Constitutional Courts ◽  
National Courts ◽  
National Minorities ◽  
Nation States ◽  
Protection Mechanisms

Based on different concepts of nation-states, the article tries to demonstrate through the analysis of decisions of national courts that despite the same wording of the constitutional text, supreme and constitutional courts may come to totally differing conclusions in light of the constitutional history and doctrine of the respective country. The first part of the article gives an overview on case-law denying effective participation through non-recognition of ethnic diversity as a legal category, for instance through the ban of the formation of political parties along ethnic lines or through interpretative preemption of the legal status of minority groups. The second part of the article gives an overview of various legal mechanisms in order to enable, support, or even guarantee the representation and process-oriented effective participation of minorities in elected bodies, such as exemptions from threshold requirements in elections or reserved seats in parliament, and through cultural and territorial self-government regimes in those constitutional systems which legally recognize ethnic diversity. Nevertheless, the case-law demonstrates how difficult it remains to reconcile the notion of "effectiveness" with a positivistic and formal-reductionist understanding of terms such as equality, sovereignty, people or nation. The Lund Recommendations have served as an important guideline for a new, "communitarian" understanding of "effective" participation so that the author argues in conclusion that it requires more intra- and inter-disciplinary dialogue between law, politics and (legal) philosophy as well as between national and international minority protection mechanisms to "constitutionalize" this philosophy.

scholarly journals The number, status and organizational aspects of Serbs in Zagreb

Stanovnistvo ◽  
2013 ◽  
Vol 51 (1) ◽  
pp. 43-68
Author(s):  
Drago Zuparic-Iljic
Keyword(s):  
Descriptive Analysis ◽  
Functional Integration ◽  
Ethnic Composition ◽  
National Minority ◽  
Socialist Republic ◽  
Continuous Increase ◽  
National Minorities ◽  
Majority Population ◽  
The Status ◽  
Legislative Framework

This paper provides an overview of the basic characteristics regarding number, as well as normative and functional status, i.e. legal and institutional status of Serbs in Zagreb. Furthermore, the paper describes some distinctions among organizational levels of Serbian minority in Zagreb, concerning the most important aspects of socio-cultural, educational and religious integration. Serbian minority members? number in Croatia and Zagreb is analyzed using an official demographic statistics, focusing primarily on major socio-demographic indicators, on population density and ethnic composition data for the population of Zagreb municipality for the period of 1981-2011. Legal position of the Serbian minority in Zagreb is described using analysis of official documents, including legislative framework provisions, which are related to issues of national minorities? status and rights. Institutional and organizational status is elucidated by using descriptive analysis of cultural, educational, media and religious aspects of minority?s life. The number of Serbs in Croatia decreased drastically in last twenty years, affecting their number being reduced to approximately one-third of the prewar number. In the period 1981 to 2011 there was a continuous increase of number and proportion of Croatian majority population, and continuous reduction of national minorities in Zagreb. The biggest percentile decreasing in the municipality of Zagreb (during period 1991-2001) have undergone members of the Serbian (57.7%), Slovenian (48.9%), and Montenegrin (43.7%) minority. In the case of Serbs, this is primarily and predominantly a consequence of forced emigration (displacement) induced by the war in the 1990s. Moreover, negative demographic trends together with a possibility of ?false? national declaration in census, as well as the relentless process of assimilation are counted as specific factors in reducing the number of national minorities? members. Status of Serbs as the former "constituent people/ethnicity" in Socialist Republic of Croatia was modified in the status of "national minority" in (Democratic) Republic of Croatia, due to constitutional changes in 1990. Today, in accordance with the provisions of the Constitutional Law on National Minorities in 2002 national minorities in Croatia enjoy the rights in the area of cultural (linguistic, educational and religious) autonomy. Implementation of these rights still faces many problems in everyday praxis, which is reflected in organizational aspects and levels of Serbs in Zagreb. Cultural, artistic, and educational associations and initiatives among Serbian minority organize activities that contribute to promotion, preservation and expressing specific national minority?s identity. Although satisfactory level of normative (legal) integration does not guarantee functional integration of minorities into wider socio-economic, cultural and political matrix, that normative integration, along with political will and favorable social climate, sets an essential precondition for the willingness to implement laws and regulations in order to improve Serbian minority status.

scholarly journals Constitutional and legal status of the Constitutional Council of France

2020 ◽  
pp. 138-141
Author(s):  
Andrey Irkliienko
Keyword(s):  
Legal Status ◽  
The State ◽  
Constitutional Court ◽  
Dual Nature ◽  
National Assembly ◽  
Binding Force ◽  
The Republic ◽  
Made In

he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council is not nominated by a court, its decisions, by their essence, are judicial acts and,likewise the decisions of the Constitutional Court of Ukraine, are endowed with the property of binding force. They are obligatory forall administrative and judicial bodies and are not subjected to revision (the Paragraph 3 of the Article 62 of the French Constitution).However, it should be taken into account that in addition to binding decisions, the Constitutional Council “expresses opinions” that areadvisory in their nature.In addition to carrying out constitutional control, the Constitutional Council has a number of other functions, such as political,advisory and acts as a court to assess the results of elections of deputies to the National Assembly and the Senate, and elections of thePresident of the Republic. Perhaps that is why the Constitutional Council classifies its decisions due to the types of its own powers.Herewith, the noted specific peculiarities are denoted by the Constitutional Council with the help of fixed letter combinations, which are included in the numbers of decision: REF, enacted on referendum issues; ORGA, enacted on issues of the organization of the Cons -titutional Council, etc.Since, despite all the diversity of functions of the Constitutional Council of France, therefore, its main purpose remains the cons -titutional control. Therefore, using the criterion of powers, under which decisions are made, in terms of initial graduation one shouldpoint out the decisions on issues, which are connected with providing compliance of the Constitution with regulatory acts (assuring thepriority of the Constitution), and decisions passed while carrying out other powers.Decisions of the Constitutional Council outstand with being formal and brief. A decision can take literally a few paragraphs. Themost frequently, the Constitutional Council merely refers to a constitutional norm or is limited to the phrase “these provisions do notcontradict the Constitution”, giving guidance and justifying its position in the least.

La fine del concetto di “pre-embrione” nella Convenzione di Oviedo / The end of the concept of “pre-embryo” in the Oviedo Convention

2018 ◽  
Vol 66 (6) ◽  
pp. 735-745
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Human Embryo ◽  
Legal Status ◽  
Human Embryos ◽  
Specific Reference ◽  
Constitutional Court ◽  
The European Union ◽  
Council Of Europe ◽  
European Court ◽  
The Moment

Il contributo si sofferma sulla questione riguardante la ricerca scientifica sugli embrioni generati in vitro. L’articolo 18 della Convenzione riguarda specificamente la sperimentazione sull’embrione in vitro e per questo esso è sottoposto ad una riflessione particolarmente approfondita. L’obiettivo è quello di capire se dalla Convenzione emergono linee idonee a definire lo statuto giuridico dell’embrione umano. Gli Autori concludono nel senso che nonostante il concetto di pre-embrione (formulato proprio per teorizzare l’insignificanza dell’embrione umano nei primi 14 giorni dalla fecondazione) sia stato accolto in alcune leggi e abbia implicitamente guidato l’interpretazione di alcuni aspetti relativi alla valutazione del valore dell’embrione, la Convenzione di bioetica lo ha definitivamente respinto con il massimo di autorevolezza. La conclusione è raggiunta attraverso l’esame dell’art. 18 considerandone anche la precedente formulazione contenuta in una bozza; mediante una interpretazione sistematica della Convenzione che esige il riconoscimento del concepito, fin dalla fecondazione, come un “essere umano”; esaminando i contributi preparatori elaborati dalla Assemblea Parlamentare del Consiglio d’Europa e del Parlamento Europeo; prendendo in considerazione gli sviluppi della Convenzione di Oviedo con specifico riferimento al tema del pre-embrione. L’indagine si avvale poi anche di ampi riferimenti alla giurisprudenza della Corte europea dei diritti dell’uomo del Consiglio d’Europa, alla giurisprudenza della Corte di Giustizia dell’Unione Europea, ad alcune recenti decisioni della Corte Costituzionale italiana. ---------- The paper focuses on the question concerning scientific research on human embryos generated in vitro. Article 18 of the Oviedo Convention specifically concerns the experimentation on the in vitro embryos and for this reason it is subject to a particularly in-depth reflection. The goal is to understand if the Convention shows suitable lines to define the legal status of the human embryo. The authors conclude that despite the concept of pre-embryo (formulated to theorize the insignificance of the human embryo in the first 14 days of fertilization) has been accepted in some laws and has implicitly guided the interpretation of some aspects related to the evaluation of the value of the embryo, the Bioethics Convention definitively rejected it with the utmost authority. The conclusion is reached through the examination of the art. 18 also considering the previous formulation contained in a draft; through a systematic interpretation of the Convention which requires the recognition of the conceived, from the moment of fertilization, as a “human being”; examining the preparatory contributions prepared by the Parliamentary Assembly of the Council of Europe and the European Parliament; taking into consideration the developments of the Oviedo Convention with specific reference to the theme of the pre-embryo. The investigation also makes use of extensive references to the jurisprudence of the European Court of Human Rights of the Council of Europe, to the jurisprudence of the Court of Justice of the European Union, to some recent decisions of the Italian Constitutional Court.

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