Joining Forces or Reinventing the Wheel? The EU and the Protection of National Minorities

Abstract

Th is article explores a model of minority protection that the European Union (EU) could adopt. Th e discussion fi rst assesses the possibility for the EU to join forces with the Council of Europe through internalising, or even acceding to, the Framework Convention for the Protection of National Minorities (FCNM). Th is would provide numerous benefi ts, such as provision of consistent benchmarks of minority protection when applied to candidate States in the accession process to the EU, availability of mechanisms to resolve remaining issues relating to minorities within the EU post-accession and elimination of double standards between 'new' and 'old' Member States. Yet these developments are politically sensitive and prone to create procedural diffi culties. Th e alternative option of an EU regime of minority protection is discussed next, focusing on the impact EU law may have on minority rights in Member States. Based on this analysis, the article concludes that an attempt by the EU to develop a coherent system of minority protection may result in reinventing the wheel. Th erefore, it is suggested that the EU may be better placed to encourage candidate countries and Member States' implementation of the FCNM.

Democratization Prospects and Challenges in Central and Eastern Europe after the Cold War: A Focus on the Visegrad Group in the Context of European Integration

“…These measures served as benchmarks for Central and Eastern European candidate countries, prompting them to adopt similar laws and align their domestic legal frameworks with EU standards. [27] For instance, in 2001, Slovakia introduced a "Comprehensive Anti-Discrimination Law," a significant step towards addressing discrimination and promoting equal rights for minority populations. This was followed by the adoption of Slovakia's New Labor Code in 2002, effectively incorporating EU anti-discrimination legislation into Slovak legal norms.…”

Minority Inclusion in Central and Eastern Europe

“…Although the EU lacks explicit competence in promoting minority rights protection within the Union, scholars find it plausible that the FCNM, as part of the European human rights regime, may become an external reference for EU institutions when interpreting minority rights within the context of EU law and policies (Guliyeva, 2010;Hillion, 2008). Galbreath and McEvoy (2012) argue that the powerful political involvement of the European Union in extending existing international minority rights norms during the accession process has increased the effectiveness of the emerging European minority rights regime.…”

Education, Languages and Linguistic Minorities in the EU: Challenges and Perspectives

“…Arguably, it is only a matter of time before the FCNM is recognised as a part of the general principles, considering that it has already become a significant part of EU enlargement law. 95 Whether there is a State obligation to offer teaching of, or instruction in, a minority language in state schools is not entirely clear even under the FCNM. Where access to education without a linguistic component is concerned, Article 12(3) obliges States to promote 'equal opportunities for access to education at all levels to persons belonging to national minorities.'…”