The complexities of minority rights in the European Union

2012 ◽  
Vol 16 (2) ◽  
pp. 321-336 ◽  
Author(s):  
Aimee Kanner Arias ◽  
Mehmet Gurses
2016 ◽  
Vol 2 (2) ◽  
pp. 103-113
Author(s):  
Cristina Hermida del Llano

The 21st century is witness to a globalization of indifference that derives from an erroneous understanding of the concepts of tolerance and solidarity, which especially affects immigrants. Here, we analyze the importance of immigrants achieving a true cultural integration within the European Union. We advocate for minority rights, and freedom to congregate, worship and to speak one’s own language. This requires a broader discourse on identifying the structure factors that underlie discrimination and creating policies to facilitate equality of opportunity and outcome. The essential task is to decide what constitutes the maximum acceptance of diversity, and what is the minimum acceptance. Tolerance should be considered as being distinct from the sentiment of indifference. One should turn to positive tolerance and the value of solidarity as a relational concept, as these two are the cornerstones for the construction of a democratic Europe that is both coherent and truly capable of resolving the issues concerning migration in the European Union.


2001 ◽  
Vol 40 (5) ◽  
pp. 1242-1253

In order to comply with its responsibilities for Hungarians living abroad and to promote the preservation and development of their manifold relations with Hungary prescribed in paragraph (3) of Article 6 of the Constitution of the Republic of Hungary;Considering the European integration endeavours of the Republic of Hungary and in-keeping with the basic principles espoused by international organisations, and in particular by the Council of Europe and by the European Union, regarding the respect of human rights and the protection of minority rights;Having regard to the generally recognised rules of international law, as well as to the obligations of the Republic of Hungary assumed under international law


2016 ◽  
Vol 13 (1) ◽  
pp. 319-347
Author(s):  
Petar Đurić

Cancellation and abolition of specially protected tenancy rights by Croatia in the 1991–1996 period severely affected the country’s ethnic Serbs, even to the point of their disappearance. Croatia’s discriminatory laws and actions during and after the war, combined with certain other factors, resulted in the vast majority of ethnic Serbs losing their tenancy rights. This has prevented many ethnic Serbs, who left Croatia during the war, from returning to their homes. Since 80% of all urban housing in prewar Croatia was under specially protected tenancy agreements, the loss of tenancy rights by ethnic Serbs has led to most dramatic demographic changes in the urban areas, with virtually all of Croatia’s towns that were majority Serbian before the war becoming majority Croatian. This has adversely impacted the exercise of a number of minority rights of ethnic Serbs. The loss of tenancy rights has thus negatively affected ethnic Serbs both individually and collectively. As such, the chapter explores the legal basis, under international human rights law, of the right to restitution of specially protected tenancy rights in Croatia as an adequate form of redress. It argues that this is a specific right derived from other rights, notably (i) the right to respect for home and the right to peaceful enjoyment of possessions; (ii) the right to non-discrimination; (iii) the right to housing and property restitution and the right to return home; and (iv) the right to preservation and development of a minority’s identity. The chapter also considers how the right to restitution of tenancy rights in Croatia could be implemented. It suggests that the current housing programme does not provide an effective redress and that several international legal and political mechanisms, along with the European Union in particular, have failed to implement this right thus far, although there may be a recently opened possibility to bring the matter before the Court of Justice of the European Union.


2012 ◽  
Vol 19 (3) ◽  
pp. 243-265 ◽  
Author(s):  
Michael Johns

This article examines the issue of social cohesion inside the European Union (EU). While the organisation is currently experiencing an economic crisis the article argues that issues surrounding minority rights are deeper and more troubling. Within the EU’s current and prospective borders there remain issues surrounding national minorities, traditional migrants and intra-EU migrants. The intra-EU migrants are of particular interest in that they bridge the gap between the other two groups as they are migrants – with EU protected rights. This article argues that the EU itself must become involved in the maintenance of social cohesion. It recommends the use of quiet diplomacy, best illustrated by the Organization for Security and Co-operation in Europe High Commissioner on National Minorities. After an examination of the use of quiet diplomacy by the various High Commissioners the article outlines the issues of social cohesion facing the EU. It concludes with the recommendation that the European Commission adopt the tenets of quiet diplomacy as a means of influencing dialogue and to promote minority protection within the union.


2010 ◽  
Vol 17 (4) ◽  
pp. 561-577
Author(s):  
Edel Hughes

AbstractThe potential accession of Turkey to the European Union is an issue that has provoked widespread debate both within and without the Union and indeed Turkey. Opinions as to whether Turkey is 'ready' for membership or if in fact the Union can 'absorb' the addition of Turkey vary but what is uncontested is the fact that the accession process has prompted wide ranging reforms in Turkey, particularly in relation to the protection of fundamental human rights. This article outlines the prevailing legislation pertaining to minority rights in Turkey and assesses the extent to which the reform process on the path to EU accession has impacted on those rights.


2019 ◽  
Vol 26 (1) ◽  
pp. 92-115
Author(s):  
A. Aslı Bilgin

The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (eu) level, because of the absence of competence given to eu institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under eu law in the light of primary, secondary and eu case-law. While determining the legal framework on minority rights in the eu, not only the impact of the case-law of the cjeu on minority protection, but also the possibility of the cjeu’s power to establish an internal minority policy and the Member States’ approaches to an internal minority policy have been taken into consideration.


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