1 / 16

Regional and/or Minority Language Politics After Enlargement: The Copenhagen Criteria and the Double Standard Issue

Regional and/or Minority Language Politics After Enlargement: The Copenhagen Criteria and the Double Standard Issue . Research Questions.

shandi
Download Presentation

Regional and/or Minority Language Politics After Enlargement: The Copenhagen Criteria and the Double Standard Issue

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Regional and/or Minority Language Politics After Enlargement: The Copenhagen Criteria and the Double Standard Issue Jean-Bernard Adrey - Centre for European Studies Research - University of Portsmouth

  2. Research Questions • Has the defence of minority language rights taken a new step forward through the process of integration of candidate countries from Central and Eastern Europe? • Are minority language rights going to be considered and treated as human rights in the future? • Towards convergence of criteria between the EU and other international organisations (e.g. UN, Council of Europe)? • The Acquis issue • Can ‘newly defined’ minority language right standards be applied to current member states in retrospect?

  3. Structure of the Paper • From the Copenhagen Criteria to the Council of Europe’s FCPNM • Monitoring Compliance in Latvia • Conclusions: Redefining Thresholds of Minority Right Protection in the EU?

  4. Vagueness and the Commission’s definition for minority protection • Collective Parliamentary Written Question (November 2000) • Does the Commission consider that a Europe of the Citizens has a duty to promote the protection and development of all languages? […] Is the Commission going to raise this issue in the accession negotiations with the applicant countries?

  5. Vagueness and the Commission’s definition for minority protection • Commission Answer (January 2001) • The Copenhagen European Council […] stipulated that applicant countries would not be able to join the EU until they were able to fulfill […] political conditions (known as the "Copenhagen criteria"). With regard to the political criteria, the Copenhagen European Council concluded that applicant countries would not be admitted until they had stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities. The December 1999 Helsinki European Council reiterated that […] compliance with all the Copenhagen criteria is the basis for accession to the Union.“

  6. Vagueness and the Commission’s definition for minority protection • Written Parliamentary Question by Nelly Maes (March 2001) • Is the Commission prepared to spell out the Copenhagen criteria's rather vague description of "respect for minorities" so that minority languages can be respected and protected? • What regulatory action can the Commission take against Member States if the languages legislation in force in such countries is used only as an additional accession guarantee and if there is absolutely no intention of affording additional guarantees for the minority in question?

  7. Vagueness and the Commission’s definition for minority protection • Commission Answer (May 2001) • The criteria for Membership laid down at the Copenhagen European Council in 1993 include "the respect for and protection of minorities". In assessing progress made by the candidate countries […] the Commission devotes particular attention to the respect for, and the implementation of, the various principles laid down in the Council of Europe Framework Convention for the Protection of National Minorities, including those related to the use of minority languages. • […] to help the candidate countries remedy the specific weaknesses and shortcomings identified in the Regular Reports, the Community has established an Accession Partnership for each country [with] short and medium-term priorities for each country to fulfill the accession criteria, [among which the] respect for minority rights and the protection of minorities, including the use of minority languages. The Commission continues its work in this direction.

  8. Content of the Framework Convention for the Protection of National Minorities (1994) (adapted) • Article 10: Right to use the minority language in administration and justice • Article 11: Right to display local names, street names and other topographical indications in the minority language • Article 12: Right to learn and receive instruction in one’s minority language

  9. Chronology of the Monitoring Process • 1995: Latvia applies for EU membership; Europe Agreement • 1997: Commission Opinion on Latvia • 1998: Europe Agreement enters into force; First Report on Latvia’s progress, then yearly reports. • 1999: Accession Partnership adopted • 2000-2002: Accession Negotiations • April 2003: Accession Treaty Signed

  10. Language Legislation in Latvia • Demographic Situation and Bilingualism • Language Legislation Before 1991 • State Language Law (1995-1999) and subsequent amendments • Language Requirements for the Public Sector and Proportionality • Political Eligibility (repealed in 2002) • Education Law (1999) and subsequent amendments • Primary and Secondary Education

  11. Monitoring Compliance in Latvia • Commission Opinion (1997): ‘[…] there is no discrimination against the Russian minorities in Latvia except for access to certain professions • Commission Reports 1998-2003 • 1999 Report: [Latvia must] ensure that the implementation of the Language Law and its implementing regulations [are] in line with the principle of proportionality, international standards and the Europe Agreement. • 2001 and 2002 Reports: Sole Official Language and Political Eligibility • 2003 Report: Latvia is expected ‘to ensure sufficient flexibility regarding transition to bilingual education in minority schools’.

  12. Minority Language Policy after May 1st 2004 • Parliamentary Question by Nelly Maes (March 2004) • The Copenhagen criteria cite the protection of minority languages as one aspect of a good minority policy. Will this no longer apply after accession? How do the European Union and the European Commission intend to monitor this in practice? • Commission Answer (April 2004) • From 1 May 2004 the Acceding Countries will become full Member States of the European Union. The framework that applies will therefore no longer be the Copenhagen Accession Criteria, but rather, the Union’s standard working arrangements […] as set out in Article 6 of the Treaty on European Union (TEU). […]

  13. Conclusion: Redefining Thresholds of Minority Right Protection in the EU? • Towards Convergence with International Standards? • The EU’s Legal Personality • New Acquis Communautaires? • Retrospect Application?

  14. Conclusion: New Acquis ? • Parliamentary Written Question by L. Caveri (April 2002) • […] assessments [of the protection of national and linguistic minorities] have never been used with regard to the present Member States and there is no evidence of any verification process on the matter. • What information does the Commission have in this regard, and is the protection of linguistic minorities an implicit element of the "acquis communautaire", despite the lack of official requirements?

  15. Conclusion: New Acquis ? • Commission Answer (June 2002) • In the Commission's view, the rights of minorities are among the principles which are common to the Member States, as listed in Article 6(1) of the Treaty on European Union (TEU). These principles […] were solemnly reaffirmed in the Charter of Fundamental Rights of the European Union. […] Article 22 requires the Union to respect cultural, religious and linguistic diversity. […] • TEU Article 6(1): • The union is founded on the values of respect for human dignity, liberty, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities [Constitution for Europe]. These values are common to the Member States […]

  16. Conclusion: Retrospect Application? • Infringement of ‘new’ Provisions on Minority Rights? • The infringement procedure laid down in Article 226 of the EC Treaty and the political procedure laid down in Article 7 of the Union Treaty ensure that Member States comply with these principles. In the former case, the Commission may bring the matter before the Court of Justice if the infringement falls within the scope of Community law. In the latter case, the Commission or one third of the Member States may refer to the Council, meeting in the composition of Heads of State or Government, a serious or persistent breach of the principles laid down in Article 6. (adapted)

More Related