Minority Rights And Minority Protection In Europe
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The Impact Of Eu Law On Minority Rights
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Author : Tawhida Ahmed
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-01-12
The Impact Of Eu Law On Minority Rights written by Tawhida Ahmed and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-12 with Law categories.
This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
Minority Rights And Minority Protection In Europe
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Author : Timofey Agarin
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-03-24
Minority Rights And Minority Protection In Europe written by Timofey Agarin and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-24 with Political Science categories.
In order to gain access to the EU, nations must be seen to implement formal instruments that protect the rights of minorities. This book examines the ways in which these tools have worked in a number of post-communist states, and explores the interaction of domestic and international structures that determine the application of these policies. Using empirical examples and comparative cases, the text explores three levels of policy-making: within sub-state and national politics, and within international agreements, laws and policy blueprints. This enables the authors to establish how domestic policymakers negotiate various structural factors in order to interpret rights norms and implement them long enough to gain EU accession. Showing that it is necessary to focus upon the states of post-communist Europe as autonomous actors, and not as mere recipients of directives and initiatives from ‘the West’, the book shows how underlying structural conditions allow domestic policy actors to talk the talk of rights protection without walking the walk of implementing minority rights legislation on their territories.
Minority Rights In The New Europe
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Author : Peter Cumper
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-02-04
Minority Rights In The New Europe written by Peter Cumper and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-02-04 with Law categories.
This collection of essays examines the legal regime in the post-Cold War era which has developed in response to the demands of ethnic, racial & religious groups in Europe. In essence this volume seeks to examine the 'old' problem of national minorities in the 'new' Europe. The essays examine the response of the main institutions within Europe (i.e. the Council of Europe, OSCE & European Union), the increasing recourse of states to bilateral arrangements, the developing content of minority rights, the challenges posed by state-building & the resolution of conflicts involving national minorities. Particular issues considered include the minorities situation in the Former Yugoslavia, the situation in Ukraine (in particular in Crimea), the position of the minority Catholic population in Northern Ireland, as well as developments in the context of autonomous regimes & power-sharing arrangements. At the end of the book, a collection of documents, which supplement these chapters & are relevant to minority rights in the 'New' Europe, can be found. Whilst the book's editors are both legal academics from the United Kingdom, the contributors' backgrounds are diverse & varied, originating from a number of different countries, with expertise in a wide variety of areas.
The Protection Of Minorities In The Wider Europe
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Author : M. Weller
language : en
Publisher: Springer
Release Date : 2008-09-30
The Protection Of Minorities In The Wider Europe written by M. Weller and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Political Science categories.
This book examines whether we are moving towards an integrated regional system of legal provision for minorities. It illustrates the tension between newer member states, many of which have an interest in seeing minority issues addressed, and established members, which remain hesitant in committing themselves fully to a minority rights regime.
Synergies In Minority Protection
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Author : Kristin Henrard
language : en
Publisher: Cambridge University Press
Release Date : 2008
Synergies In Minority Protection written by Kristin Henrard and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Human Rights And Minority Rights In The European Union
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Author : Kirsten Shoraka
language : en
Publisher: Routledge
Release Date : 2010-06-17
Human Rights And Minority Rights In The European Union written by Kirsten Shoraka and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-17 with Law categories.
The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.
Human And Minority Rights Protection By Multiple Diversity Governance
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Author : Joseph Marko
language : en
Publisher: Routledge
Release Date : 2019-03-04
Human And Minority Rights Protection By Multiple Diversity Governance written by Joseph Marko and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-04 with Political Science categories.
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Double Standards Pertaining To Minority Protection
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Author : Kristin Henrard
language : en
Publisher: BRILL
Release Date : 2010-10-05
Double Standards Pertaining To Minority Protection written by Kristin Henrard and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-05 with Law categories.
This edited volume offers a rich compilation of perspectives on (perceived) differential standards of international organisations concerning minority protection. It also addresses the ongoing controversial question of the status of ‘new’ minorities, without neglecting the protection of minorities within minorities.
Cultural Governance And The European Union
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Author : Evangelia Psychogiopoulou
language : en
Publisher: Springer
Release Date : 2016-04-29
Cultural Governance And The European Union written by Evangelia Psychogiopoulou and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Political Science categories.
This edited collection brings together distinguished scholars across a range of academic disciplines to explore how the European Union engages with culture. The book examines the ways in which cultural issues have been framed at the EU level and the policies and instruments to which they have given vent.
Minorities Minority Rights And Internal Self Determination
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Author : Ulrike Barten
language : en
Publisher: Springer
Release Date : 2014-09-23
Minorities Minority Rights And Internal Self Determination written by Ulrike Barten and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-23 with Law categories.
The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.