International Developments 2016: Economic, Social, and Cultural Life, Including Education and the Media, in the Context of European Minorities and from the Perspective of International Law

2018 ◽  
Vol 15 (01) ◽  
pp. 51-89
Author(s):  
Mariya Riekkinen
Keyword(s):  
International Law ◽  
Social Life ◽  
Minority Rights ◽  
Minority Languages ◽  
Council Of Europe ◽  
National Minorities ◽  
Cultural Life ◽  
Scope Of Application ◽  
The Media ◽  
The Eu

From the perspective of the rights of minorities in Europe, this section overviews international developments concerning economic and socio-cultural entitlements, including those related to education and the media. It is thematically structured around two clusters related to the minority rights: (a) cultural activities and facilities, including the media; and (b) economic and social life, including education, which are covered by the provisions of the European Charter for Regional and Minority Languages (ETS. No. 148). This review starts with an analysis of the 2016 developments at the UN level, and continues with an overview of advancements at the levels of the OSCE, the EU, and the Council of Europe. The adoption of the Thematic Commentary No. 4 “The Scope of Application of the Framework Convention for the Protection of National Minorities” by the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) is among the most important highlights.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

The Right of the Minorities to Participate in the Public Life on Local Level: The Case of Republic of Macedonia in the Framework of the EU Policy of ‘Regional Approach’

2015 ◽  
Vol 13 (3) ◽  
pp. 879-895
Author(s):  
Melina Grizo ◽  
Jovan Ananiev ◽  
Zaneta Poposka
Keyword(s):  
Local Level ◽  
Public Life ◽  
Minority Rights ◽  
Eu Enlargement ◽  
The Body ◽  
Framework Analysis ◽  
Council Of Europe ◽  
Regional Approach ◽  
National Minorities ◽  
The Eu

The paper aims to contribute to the clarification of several aspects of the minorities’ right to participate in public life on local level. It considers the following elements: analysis of the Macedonian legal and constitutional framework; analysis of relevant provision of the Framework Convention for the Protection of National Minorities and the European Union’s treatment of the issue in the framework of its foreign policy of ‘Regional Approach’ (1996-1999). The analysis relies on two comparisons. Firstly, it contrasts the content of the EU conditionality in the field of minority rights developed during the 1990’s in the framework of the eastern enlargement with the content of conditionality in the same field developed in the framework of the ‘Regional Approach’. Secondly, the study encompasses a brief comparison with the later development of the relevant standards within the framework of the subsequently developed EU enlargement policy of Stabilisation and Association Process (SAP). Considering that the EU relies on the standards developed in the system of Council of Europe in the field of minority rights, the analysis in particular attempts to contribute to the understanding of the dynamics of this ‘’borrowing’’, during which the Council and the Commission rely on certain aspects of the body of rules of the Council of Europe, while omitting others.

International Developments 2015: Cultural Activities and Facilities, Including the Media

2017 ◽  
Vol 14 (1) ◽  
pp. 90-119
Author(s):  
Mariya Riekkinen
Keyword(s):  
Freedom Of Expression ◽  
Minority Rights ◽  
Minority Languages ◽  
Council Of Europe ◽  
Cultural Activities ◽  
Cultural Rights ◽  
Legal Context ◽  
The Media ◽  
Regional Or Minority Languages ◽  
Point Of Departure

This section gives an overview of international developments from the perspective of minority rights concerning cultural activities and cultural facilities, as well as the issues of the media and, more broadly, freedom of expression. In dealing with cultural activities and facilities, it departs from the provisions of Article 12 of the European Charter for Regional and Minority Languages (ETS No. 148). Although the provisions of the European Charter for Regional or Minority Languages provide the conceptual point of departure, this section does not limit its analysis to only language issues but addresses a wider framework of cultural rights of persons belonging to minorities. International developments in the said fields are tracked not only at the European level of minority rights regulation but also at the level of the United Nations. By examining the UN praxis in the area of minority rights, we remain focused on minority issues, including indigenous issues, within the European legal context. This section starts with the analysis of the 2015 developments inside the un, and continues to address those of the OSCE, the EU, and the Council of Europe.

Cultural Activities/Facilities and the Media

2021 ◽  
Vol 18 (1) ◽  
pp. 141-162
Author(s):  
Liudmila Ragozina ◽  
Gennady Chebotarev ◽  
Elena Titova
Keyword(s):  
Indigenous Peoples ◽  
Teaching And Learning ◽  
Minority Languages ◽  
Cultural Activities ◽  
Cultural Autonomy ◽  
Multilingual Education ◽  
National Minorities ◽  
The Media ◽  
Regional Or Minority Languages ◽  
The Eu

This article reviews the 2019 international developments related to cultural activities and facilities as well as issues concerning media in the context of European minorities. Among the highlights are the preliminary views delivered by the UN Human Rights Committee concerning the cultural autonomy of the Sami indigenous peoples in Finland in Sanila-Aikio v. Finland and Käkkäläjärvi et al. v. Finland, the 2019 International Year of Indigenous Languages, and the EU Council Recommendation on a comprehensive approach to the teaching and learning of languages. The theme of biand multilingual education is enhanced within UNESCO, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, and the EU.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

Cooperation Between The Council Of Europe And The European Union And Modern International Law

2021 ◽  
Vol 38 (4) ◽  
Author(s):  
Volodymyr Kopanchuk ◽  
Tetiana Zanfirova ◽  
Tetiana Novalska ◽  
Dmytro Zabzaliuk ◽  
Kateryna Stasiukova
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Aspect ◽  
Eu Enlargement ◽  
Legal Aspects ◽  
International Agreements ◽  
The European Union ◽  
Council Of Europe ◽  
The Impact ◽  
The Eu

Cooperation between the Council of Europe and the European Union is of great interest to Ukraine, which defines the entry into the European legal field as one of the main vectors of its development. The study is devoted to the study of the peculiarities of the impact of cooperation between the Council of Europe and the European Union on the development of modern international law. The authors studied the formation and development of collaboration between the Council of Europe and the EU; emphasized the legal aspects of cooperation between the European Council and the EU in the EU enlargement process; analyzed in detail the types of international agreements through the legal aspect and clarified the impact of cooperation between the Council of Europe and the EU on the development of modern international law and describe the forms of international legal cooperation between the Council of Europe and the EU.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Contribution of the Council of Europe Framework Convention for the Protection of National Minorities and its Advisory Committee to the Effective Participation Rights of National Minorities

2009 ◽  
Vol 16 (4) ◽  
pp. 527-537 ◽  
Author(s):  
Alan Phillips
Keyword(s):  
Advisory Committee ◽  
Social Life ◽  
Practical Experience ◽  
Public Affairs ◽  
Council Of Europe ◽  
Personal View ◽  
Minority Communities ◽  
The Past ◽  
National Minorities ◽  
High Commissioner

This article presents a personal view on the contribution of the Framework Convention to the effective participation of persons belonging to national minorities. It demonstrates the participatory rights of national minorities that have been safeguarded drawing on the practical experience of monitoring the Framework Convention between 1999 and 2007 and the recent Commentary on Article 15 of the Framework Convention. It covers participation in economic and social life, in public affairs, in the implementation and monitoring of the Framework Convention itself, participation in inter governmental organisations and within minority communities themselves. The article explores some of the outstanding participatory issues and identifies possible remedies. The conclusions emphasise the past synergies and possible future cooperation between the Advisory Committee and the High Commissioner on National Minorities on this issue.

Linguistic Minority Rights in the Danish-German Border Region: Reciprocity and Public Administration Policies

2016 ◽  
Vol 23 (4) ◽  
pp. 485-504 ◽  
Author(s):  
Tove H. Malloy ◽  
Sonja Wolf
Keyword(s):  
Public Administration ◽  
Minority Rights ◽  
International Standards ◽  
Border Region ◽  
Minority Languages ◽  
Policy Reforms ◽  
Linguistic Minority ◽  
National Minorities ◽  
The Government ◽  
Regional Or Minority Languages

Language equality is not public policy in Denmark or Germany, and neither country has adopted an official state language constitutionally. Both countries protect minority languages through regional and local statutes on culture and education and have signed relevant international standards on linguistic rights for minorities and protection of regional or minority languages. Neither system is very transparent, nor comprehensive. This has created consternation and dissatisfaction among the national minorities residing in the Danish-German border region resulting in recent tensions in the municipalities in Southern Denmark, whereas the government of Schleswig-Holstein decided in 2015 to address the issue with policy reforms for public administration. This article focuses on linguistic minority rights in the Danish-German border region with specific attention to minority languages in public administration and specifically to the on-going reforms in Schleswig-Holstein.

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

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