Electoral Accountability and Substantive Representation of National Minorities

2016 ◽  
Vol 30 (4) ◽  
pp. 703-724 ◽  
Author(s):  
Jelena Lončar
Keyword(s):  
Political Party ◽  
Sufficient Conditions ◽  
National Minority ◽  
Substantive Representation ◽  
Electoral Accountability ◽  
National Assembly ◽  
Parliamentary Debates ◽  
National Minorities ◽  
The Republic ◽  
Minority Ethnic

This article examines under what conditions descriptive representatives of national minorities can also act as substantive representatives. It provides an empirical analysis of the behaviour of the representatives with ethnic minority backgrounds in the eighth National Assembly of the Republic of Serbia. Specifically, the article builds upon a content analysis of all interventions in the plenary parliamentary debates of the thirty-one minority MPs in the period between June 2008 and March 2012. The analysis suggests that having a minority ethnic background or political party registered as a political party of national minority are not sufficient conditions for substantive minority representation. The findings show that minority representatives elected on minority electoral lists engage more in substantive representation of minorities than descriptive representatives elected to parliament either as members of mainstream parties or through pre-electoral arrangements of minority parties with mainstream political parties.

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.

Legal regulation of the status of the Ukrainian national minority in the Republic of Poland

2020 ◽  
pp. 70-82
Author(s):  
Ihor Onyshchuk
Keyword(s):  
Practical Importance ◽  
Well Being ◽  
Legal Regulation ◽  
Strategic Partnership ◽  
National Minority ◽  
Theoretical Understanding ◽  
National Minorities ◽  
The Status ◽  
The Republic ◽  
The Impact

Purpose. The purpose of the study is to develop issues of legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to show the impact of foreign policy orientations of the Republic of Poland on the implementation of international law on national minorities. Methodology. Among the philosophical, general scientific and special scientific methods, the following were used: dialectical methods – comparative method – to clarify the general and specific patterns of functioning and development of legal regulation of the status of the Ukrainian national minority in the Republic of Poland. The axiological method was used to find the value of the legal regulation of the status of the Ukrainian national minority in the Republic of Poland and to reveal its theoretical and applied significance; activity method – for the formation of recommendations to improve the mechanism of protection of the rights of Ukrainian workers and meet the cultural, educational and spiritual and religious needs of the Ukrainian national minority in the Republic of Poland. Originality. The scientific novelty lies in the theoretical understanding and delineation of ways to improve the well-being of the Ukrainian community in Poland and gain better prospects, which is extremely important given the territorial dispersion of Ukrainians, and will be an essential element in filling the strategic partnership between Ukraine and Poland. Results. The study found that in view of the revival of Ukraine's interaction with the Ukrainian community in Poland and in order to preserve the ethno-national identity of Polish Ukrainians, it seems appropriate for public authorities in Ukraine to address issues such as the use of practical influence of the Council of Europe. The rights of national minorities and the rule of law in the Member States, etc. Practical importance. The results of the study can be used in law-making activities in order to legally regulate the protection of the rights of the Ukrainian national minority in the Republic of Poland.

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 Institutional and Legal Mechanisms for Protection of the Rights of Ukrainian Minority in the Warmia and Mazury Region

2021 ◽  
pp. 393-416
Author(s):  
Teresa Astramowicz-Leyk ◽  
Yaryna Turchyn
Keyword(s):  
Ethnic Minorities ◽  
Institutional Environment ◽  
Equal Treatment ◽  
National Minority ◽  
Main Research ◽  
Research Hypothesis ◽  
National Minorities ◽  
Research Problems ◽  
The Republic ◽  
State And Local

The research aims at presenting and exploring the mechanisms for protection of the rights of national minorities (based on the example of Ukrainian minority) in the Warmia and Mazury Region of the Republic of Poland. The research hypothesis is based on the statement that in fact the protection of rights of national minorities at the level of the Warmia and Mazury Region could be treated as a model, and thus implemented in other regions in Poland, or even in other countries facing the problems related to the protection of national and ethnic minorities. The main research problems are addressed within the questions: how is Ukrainian minority distributed in the studied region?; What are the state and local government institutions working for national minorities in the studied region of Poland?; What activities do these institutions undertake to ensure equal treatment of national minorities and provision for their rights?; How are these activities assessed by organizations/representatives of the Ukrainian national minority? The leading research method was the institutional and legal one. The research also contained the interviewing method as well as the focus group interview. Obtained results of the study confirmed the research hypothesis. It turned out that the Warmia and Mazury Region has created an effective institutional environment for the development of national minorities, including the Ukrainian one. It was possible thanks to the activity of the only Polish Plenipotentiary of the Marshal for national minorities and also the only National and Ethnic Minorities Committee of the Regional Council in Poland.

scholarly journals THE ARCHITECTURE OF THE UKRAINIAN NATIONAL MINORITY IN THE REPUBLIC OF SRPSKA

AГГ+ ◽  
2019 ◽  
Vol 1 (6) ◽  
Author(s):  
Milijana Okilj ◽  
Ljubiša Preradović ◽  
Miroslav Malinović
Keyword(s):  
Bosnia And Herzegovina ◽  
Historical Context ◽  
Historical Research ◽  
National Minority ◽  
Dominant Group ◽  
Sacred Architecture ◽  
National Minorities ◽  
Architectural Evaluation ◽  
The Republic

The territory of the Republic of Srpska is well-known for a large number of foreign colonies formed after 1878. Foreigners from all over the Austro-Hungarian Empire were settled in the northern parts of Bosnia and Herzegovina, today covering the municipalities in the Republic of Srpska. The most dominant group among all national minorities was the Ukrainian. This paper deals with their sacred architecture, which significantly contributes to the image of architecture in the Republic of Srpska. Common properties, the historical context and background ideas are shown, along with selected examples of representative pieces of architecture, followed by a historical and architectural evaluation. Moreover, a note on the number of demolished sacred buildings is given, completing this paper that originally contributes to the historical research and analysis of architecture in this region.

“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.

scholarly journals Franjo Tuđman in the Sources of the Rebel Serbs at the beginning of the 1990s

2021 ◽  
Vol 17 (1) ◽  
pp. 73-101
Author(s):  
Ante Nazor
Keyword(s):  
Armed Conflict ◽  
Careful Planning ◽  
Archival Material ◽  
National Minorities ◽  
The Republic

This work presents some legal acts passed and initiatives launched by the Croatian government the aim of which was to protect the rights of the national minorities in Croatia and reach an agreement with the representatives of the Serbs in Croatia so as to avoid armed conflict. The facts presented in this work are important in the context of any given analysis about the issue of whether the Serbs were marginalized with the change of government in Croatia in 1990 and whether their armed rebellion was caused by actions made by the Croatian government and President Tuđman or came as a result of careful planning by proponents of the idea of Greater Serbia. We used a number of documents from the archival material of the Republic of Serbian Krajina to show what had been said and written about President Tuđman in the first half of the 1990s by political and military representatives of those Croatian Serbs that rebelled against the Croatian government and participated in the armed aggression against the Republic of Croatia. We describe how the Serb leadership in the temporarily occupied areas of Croatia accused the Croatian government and Franjo Tuđman of conducting criminal and “national-Fascist” policies against the Serbs and present the facts that completely debunk the accusations. These facts include official documents issued and decisions reached by the Croatian government about protecting the national minorities in Croatia during the mandate of President Tuđman. The work ends with the conclusion that the mentioned accusations were launched for the purpose of creating a greater Serbian state by homogenizing the Serbs.

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.

scholarly journals AMENDMENTS TO THE CONSTITUTIONS OF THE REPUBLIC OF BULGARIA AND THE REPUBLIC OF KAZAKHSTAN: REGULATORY REQUIREMENTS AND ISSUES (COMPARATIVE ASPECTS)

2020 ◽  
pp. 80-88
Author(s):  
Y. Stoilov
Keyword(s):  
Legal Theory ◽  
Theory And Practice ◽  
Solid Core ◽  
Regulatory Requirements ◽  
National Assembly ◽  
The Republic ◽  
The Way

The article compares conditions and procedures for the adoption of Constitution and amendments to thecurrent constitution between the Republic of Bulgaria and the Republic of Kazakhstan. The criteria used inthe legal theory for the classification of the constitutions according to the way of their change are used. Bothconstitutions refer to the category of the hard. Bulgaria has a solid core of the constitution, which can onlybe changed by a specially elected institution — a Great (Grand) National Assembly. In Kazakhstan there areeven texts that are not subject to change. The experience of several changes to the two basic laws has beenconsidered. Whit them some of the questions have been answered by juridical theory and practice, whileothers remain open. At the end, conclusions are drawn from the parallel between the changes to the bothconstitutions, some of which are of universal significance.

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