EU Law, Minorities and Enlargement

EU Law, Minorities and Enlargement
Author: Kyriaki Topidi
Publisher:
Total Pages: 0
Release: 2010
Genre: European Union
ISBN: 9789400000100

The European Union, as it was perceived by its founders, was an economic organisation. The completion of the ambitious task of enlargement to Central and Eastern Europe in 2004 and 2007 surfaced, however, new legal and policy challenges for the Union. One of the most contested areas of action, connected to enlargement, has been minority rights monitoring. The new task created a lack of clarity on the standards and criteria of assessment of the performance of current and perspective Member States. The book explains and analyses questions on the dominant trends on minority rights protection at EU level, their effects on Member States and their future perspectives through the prism of the recent enlargements. It begins by considering the role of the EU in minority protection and then moves on to provide a balanced approach of different possible methods to protect ethnic minorities using legal tools and principles available in EU law. It also includes case studies that test the theoretical approaches previously described. Finally, the book concludes with an assessment of the future avenues for minority rights protection within the EU. The book's distinct perspective aims at linking the complex legal framework of accession negotiations to the more political process of conditionality. It does so by tackling a subject area that has not often been treated from a human rights perspective. Book jacket.

Human Rights and Minority Rights in the European Union

Human Rights and Minority Rights in the European Union
Author: Kirsten Shoraka
Publisher: Routledge
Total Pages: 452
Release: 2010-06-17
Genre: Law
ISBN: 113695399X

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.

Cultural Governance and the European Union

Cultural Governance and the European Union
Author: Evangelia Psychogiopoulou
Publisher: Springer
Total Pages: 381
Release: 2016-04-29
Genre: Political Science
ISBN: 1137453753

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.

The Protection of Minorities in the Wider Europe

The Protection of Minorities in the Wider Europe
Author: M. Weller
Publisher: Springer
Total Pages: 300
Release: 2008-09-30
Genre: Political Science
ISBN: 023058229X

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.

Enlargement of the European Union

Enlargement of the European Union
Author: Allan F. Tatham
Publisher: Kluwer Law International B.V.
Total Pages: 594
Release: 2009-01-01
Genre: Political Science
ISBN: 9041124632

The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty. A significant upshot of these issues is that the concept of European identity - defined in terms of such factors as culture, history and economics - has supplanted the long-dominant theme of 'widening and deepening, ' particularly since the Union's expansion has become primarily eastward. The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view, focusing on the concerns of stakeholders and the 'identity' conflicts and uncertainties incurred by enlargement initiatives. In the course of its presentation, it details the actual pre-accession Europeanization process and its complex history. Among the key elements discussed are the following: the conflict between 'widening' and 'deepening' and the effect on EU institutional reform; institutional requirements on candidate countries; pre-accession criteria and negotiations; administrative capacity, judicial capacity, and legal approximation in accession states; capacity of the EU to absorb new Member States; and EC law as part of European identity. Also covered are specific historical details of particular pre-accession negotiations (e.g., Greece, Spain, Portugal, Malta, and Cyprus), the still inconclusive negotiations with Turkey and the Western Balkan states, and political factors involved in the non-accession of Norway, Iceland and Switzerland. Assembling powerful evidence and applying incisive analysis, the author's conclusion shows that, absent further (and major) EU institutional reform, it will be difficult for an enlarging Union to continue to 'deliver the goods.' A watershed in the continuing great debate on the fulfilment of the EC Treaty's determination to foster and promote 'an ever closer union of the peoples of Europe, ' this book will prove invaluable to anybody interested in the European integration project, particularly lawyers, academics, officials and policymakers in the EU Member States.

Minority Rights in Central and Eastern Europe

Minority Rights in Central and Eastern Europe
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.

The Impact of EU Law on Minority Rights

The Impact of EU Law on Minority Rights
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.

Constitutionalism and the Enlargement of Europe

Constitutionalism and the Enlargement of Europe
Author: Wojciech Sadurski
Publisher: OUP Oxford
Total Pages: 403
Release: 2012-07-26
Genre: Law
ISBN: 0191631086

After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.