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Book The Impact of EU Law on Minority Rights

Download or read book The Impact of EU Law on Minority Rights written by Tawhida Ahmed and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Minority Rights in Central and Eastern Europe

Download or read book Minority Rights in Central and Eastern Europe written by Bernd Rechel and published by Taylor & Francis. This book was released on 2010-06 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Minority Rights in the  new  Europe

Download or read book Minority Rights in the new Europe written by Peter Cumper and published by Martinus Nijhoff Publishers. This book was released on 1999-02-04 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Human Rights and Minority Rights in the European Union

Download or read book Human Rights and Minority Rights in the European Union written by Kirsten Shoraka and published by Routledge. This book was released on 2010-06-17 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the development and the role of human rights in the European Union, arguing that human rights have become an important component of the foreign policy of the European Union. This book analyses the EU's policy on minorities, as a particular example of human rights.

Book National Minority Rights in Europe

Download or read book National Minority Rights in Europe written by Tove H. Malloy and published by Oxford University Press on Demand. This book was released on 2005 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Separatism is currently a highly topical and controversial legal and political issue. This text reviews the impact of the discourse of national minority rights on the European intergovernmental approach to national minority accommodation after 1989 and proposes an alternative framework.

Book EU Law  Minorities and Enlargement

Download or read book EU Law Minorities and Enlargement written by Kyriaki Topidi and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Human and Minority Rights Protection by Multiple Diversity Governance

Download or read book Human and Minority Rights Protection by Multiple Diversity Governance written by Joseph Marko and published by Routledge. This book was released on 2019-03-04 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Minority Rights Jurisprudence Digest

Download or read book Minority Rights Jurisprudence Digest written by Alcidia Moucheboeuf and published by Council of Europe. This book was released on 2006-01-01 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.

Book Minority Rights in Europe

    Book Details:
  • Author : Patrick Thornberry
  • Publisher : Council of Europe
  • Release : 2004-01-01
  • ISBN : 9287153663
  • Pages : 686 pages

Download or read book Minority Rights in Europe written by Patrick Thornberry and published by Council of Europe. This book was released on 2004-01-01 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication discusses the main standards and mechanisms created by the Council of Europe and other international organisations to protect the rights of minorities in Europe, including key legal instruments such as the European Convention on Human Rights, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages. It reviews the monitoring activities in various Council of Europe member and non-member states, both prior to their accession and in their post-accession phase. The publication also includes a detailed examination of the case of the Roma/Gypsies, a specific minority without a 'kin state'.

Book Mechanisms for the Implementation of Minority Rights

Download or read book Mechanisms for the Implementation of Minority Rights written by European Centre for Minority Issues and published by Council of Europe. This book was released on 2004-01-01 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.

Book Minority Issues in Europe  Rights  Concepts  Policy

Download or read book Minority Issues in Europe Rights Concepts Policy written by Tove H. Malloy and published by Frank & Timme GmbH. This book was released on 2013-10-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minorities have been part of European history and politics since the middle of the 16th Century, often seen as obstacles to state-building and later as a threat to nation-building. Traditional minorities have had to fight their own way to be able to remain in their homelands, while new arrivals have been met with rejection and were expected to return home. Minorities are still seen as a threat to peace and security and mostly as outsiders. In the early 21st Century of inter-connected societies, minorities are more than ever an issue often seen as a threat to social cohesion. This book provides the advanced student with a multi-disciplinary, informed perspective on minority history and politics as well as social and cultural issues related to minority identity and minority existence in Europe.

Book Minority Rights and Minority Protection in Europe

Download or read book Minority Rights and Minority Protection in Europe written by Timofey Agarin and published by Rowman & Littlefield. This book was released on 2016-03-24 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book The Framework Convention for the Protection of National Minorities

Download or read book The Framework Convention for the Protection of National Minorities written by Rainer Hofmann and published by BRILL. This book was released on 2018-02-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers an updated expert assessment of the implementation of the Framework Convention for the Protection of National Minorities through an article-by-article analysis and assessment of the scope of application during the first four cycles of monitoring

Book Synergies in Minority Protection

Download or read book Synergies in Minority Protection written by Kristin Henrard and published by Cambridge University Press. This book was released on 2008 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?

Book Double Standards Pertaining to Minority Protection

Download or read book Double Standards Pertaining to Minority Protection written by Kristin Henrard and published by BRILL. This book was released on 2010-10-05 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Book Minorities in International Law

Download or read book Minorities in International Law written by Gaetano Pentassuglia and published by Council of Europe. This book was released on 2002-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.

Book Monitoring the EU Accession Process

    Book Details:
  • Author : EU Accession Monitoring Program
  • Publisher : Central European University Press
  • Release :
  • ISBN : 9781891385261
  • Pages : 642 pages

Download or read book Monitoring the EU Accession Process written by EU Accession Monitoring Program and published by Central European University Press. This book was released on with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: