Legal Aspects Of Minority Rights Protection In The European Union Within The Perspective Of Enlargement To Central And Eastern Europe
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Author | : United Nations |
Publisher | : |
Total Pages | : 188 |
Release | : 2012 |
Genre | : Business & Economics |
ISBN | : |
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
Author | : Tawhida Ahmed |
Publisher | : Bloomsbury Publishing |
Total Pages | : 246 |
Release | : 2011-01-12 |
Genre | : Law |
ISBN | : 1847316174 |
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.
Author | : Bernd Rechel |
Publisher | : Taylor & Francis |
Total Pages | : 261 |
Release | : 2010-06 |
Genre | : Europe, Central |
ISBN | : 0415590310 |
This book provides a comprehensive assessment of minority rights in Central and Eastern Europe, covering all the countries of the region that have joined the EU since 2004, including Poland, Czech Republic, Hungary, Slovenia, Estonia, Lithuania, Latvia, Slovakia, Romania and Bulgaria.
Author | : EU Accession Monitoring Program |
Publisher | : Monitoring the EU Accession Press |
Total Pages | : 452 |
Release | : 2002 |
Genre | : Political Science |
ISBN | : |
Eumpa has published monitoring reports highlighting specific areas in which state performance conforms to, or fails short of, broadly accepted international standards. These two volumes monitor access to education and employment for people with intellectual disabilities in 15 European countries and make recommendations on how people with intellectual disabilities can be more fully integrated into community life. The summary report is a condense version of the two full volumes.
Author | : Tove H. Malloy |
Publisher | : Edward Elgar Publishing |
Total Pages | : 451 |
Release | : 2022-11-25 |
Genre | : Political Science |
ISBN | : 180037593X |
This timely Research Handbook provides a multidisciplinary overview of research on ethno-cultural minority issues at the supranational level of the EU. It delivers a state-of-the-art review of the EU’s approaches to development and institutional implementation of minority policies from the Treaty of Rome until today.
Author | : George A. Bermann |
Publisher | : Bloomsbury Publishing |
Total Pages | : 530 |
Release | : 2004-11-10 |
Genre | : Law |
ISBN | : 1847310176 |
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.
Author | : Gianluigi Palombella |
Publisher | : Bloomsbury Publishing |
Total Pages | : 244 |
Release | : 2008-12-18 |
Genre | : Law |
ISBN | : 1847314724 |
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Author | : Alexander H.E. Morawa |
Publisher | : Routledge |
Total Pages | : 296 |
Release | : 2016-12-14 |
Genre | : Law |
ISBN | : 131716170X |
This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Author | : Timofey Agarin |
Publisher | : Rodopi |
Total Pages | : 359 |
Release | : 2009 |
Genre | : History |
ISBN | : 9042027339 |
The book presents a timely examination on a range of issues present in the discussions on the integration of ethnic minorities in Central Eastern Europe: norm setting, equality promotion, multiculturalism, nation-building, social cohesion, and ethnic diversity. It insightfully illustrates these debates by assessing them diachronically rather than cross-nationally from the legal, political and anthropological perspective. The contributors unpack concepts related to minority integration, discuss progress in policy-implementation and scrutinize the outcomes of minority integration in seven countries from the region. The volume is divided into three sections taking a multi-variant perspective on minority integration and equality. The volume starts with an analysis of international organizations setting standards and promoting minority rights norms on ethnic diversity and equal treatment. The second and third sections address state policies that provide fora for minority groups to participate in policy-making as well as the role of society and its various actors their development and enactment of integration concepts. The volume aims to assess the future of ethnic diversity and equality in societies across Central Eastern European states.
Author | : Dimitry Kochenov |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 402 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041126961 |
Among the criteria for accession to the European Union are democracy and the Rule of Law. In the insightful analysis offered by the author of this book, these concepts - while admirable and even necessary criteria in principle - are almost impossible to measure, and any judgement grounded in them will always be difficult to justify. In his words, 'by including analysis of democracy and the Rule of Law within the field of the EU enlargement law, the Union entered an unstable terrain of vague causal connections and blurred definitions.' Dr Kochenov addresses this problem by proceeding as follows: 1. Outlining EU enlargement law in general, including the principle of conditionality and the role played by the analysis of democracy and the Rule of Law in enlargement preparation; 2. Focusing on the role actually played by the monitoring of democracy and the Rule of Law in ten candidate countries, scrutinizing the way the EU used the legal tools and competences outlined in its enlargement law. The book adopts the EU's own understanding of democracy and the Rule of Law, as derived directly from the substance of the numerous legal and political instruments issued by the Community Institutions and especially the Commission in the course of the pre-accession process. In this way it demonstrates the actual - as opposed to the officially announced - role played by the assessment of democracy and the Rule of Law in the candidate countries in the regulation of enlargement. Many formidable inconsistencies in the application of the conditionality principle are thus laid bare. This leads the author to a series of recommendations on policy and procedure that he demonstrates could be profitably applied to the regulation of current and future accessions, using the Commission's own structure of monitoring pre-accession reforms in the three areas of the legislature, executive, and judiciary in candidate countries. The probity and soundness of these recommendations, firmly grounded as they are in the actual pre-accession monitoring and its consequences for the pre-accession progress of ten Eastern European countries admitted to the EU in 2004 and 2007, will greatly interest policymakers and scholars concerned with the future of European integration.