La protezione delle minoranze in Italia e il mancato riconoscimento della minoranza rom: ragioni e conseguenze = "The protection of minorities in Italy and the non-recognition of the Roma minority: reasons and consequences." EDAP 03/2013

No abstract.

National Minorities, Nationalizing States, and External National Homelands in the New Europe. Notes toward a Relational Analysis. Institute of Advanced Studies Political Science Series, 11 December 1993

Nationalism remains central to politics in and among the new nation-states. Far from »solving« the region's national question, the most recent reconfiguration of political space – the replacement of the Soviet Union, Yugoslavia, and Czechoslovakia by some twenty would-be nation-states – only recast it in a new form. It is this new phase and form of the national question that I explore in this paper. I begin by outlining a particular relational configuration – the triadic relational nexus between national minorities, nationalizing states, and external national homelands – that is central to the national question in post-Soviet Eurasia. In the second, and most substantial, section of the paper, I argue that each of the »elements« in this relational nexus – minority, nationalizing state, and homeland – should itself be understood in dynamic and relational terms, not as a fixed, given, or analytically irreducible entity but as a field of differentiated positions and an arena of struggles among competing »stances.« In a brief concluding section, I return to the relational nexus as a whole, underscoring the dynamically interactive quality of the triadic interplay.

Die Europäische Union und das Rahmenübereinkommen zum Schutz nationaler Minderheiten: ignorieren, parallell “umsetzen“ oder gar beitreten? = The European Union and the Framework Convention for the Protection of National Minorities: ignore, "implement" or even join? EDAP Paper 04/2014

This paper looks at the Council of Europe Framework Convention for the Protection of National Minorities (FCNM) through the lense of European Union law. It does so by posing four major questions: does the fact that 24 of 28 Member States of the EU ratified the FCNM have any legal implications for the European Union itself? Secondly, turning to the national level, does it make a difference for the implementation of the FCNM whether or not a state that has ratified the FCNM is also a member to the European Union? Thirdly, returning to the European Union itself, can and should the EU accede to the FCNM? Or are there, finally, any means beside ratification that would allow the European Union to implement the objectives and obligations as enshrined in the FCNM? These four questions are analysed in detail before the paper concludes on the potential role of the European Union in managing diversity and protecting (persons belonging to) minorities.

Ongoing Pristina – Belgrade Talks: from Decentralization to Regional Cooperation and Future Perspectives. EDAP 04/2012, 2012

On 17 February 2008, Kosovo declared independence, ending its nine years unresolved status. The principal goal was, and remains, the need to involve different communities in the state structures. The new state, which aims to fulfil all the obligations set by the Ahtisaari plan, is trying to complete the decentralization process the implementation of which continuous to face obstacles in the two main communities: the Serbs and the Albanians. This article discusses matters related to community acceptance of the decentralization process, the functioning of the parallel structures, the situation in North Kosovo and the on - going talks between Pristina and Belgrade. The article provides evidences that while the implementation of the decentralization process is the best possibility for Kosovo, it must not follow only an ethnic line.

The French Constitutional Council as the Rottweiler of the Republican Ideal in the Language Field: Does Jurisprudence Really Reflect Reality? EDAP 03/2012, 2012

France is known for being a champion of individual rights as well as for its overt hostility to any form of group rights. Linguistic pluralism in the public sphere is rejected for fear of babelization and Balkanization of the country. Over recent decades the Conseil Constitutionnel (CC) has, together with the Conseil d’État, remained arguably the strongest defender of this Jacobin ideal in France. In this article, I will discuss the role of France’s restrictive language policy through the prism of the CC’s jurisprudence. Overall, I will argue that the CC made reference to the (Jacobin) state-nation concept, a concept that is discussed in the first part of the paper, in order to fight the revival of regional languages in France over recent decades. The clause making French the official language in 1992 was functional to this policy. The intriguing aspect is that in France the CC managed to standardise France’s policy vis-à-vis regional and minority languages through its jurisprudence; an issue discussed in the second part of the paper. But in those regions with a stronger tradition of identity, particularly in the French overseas territories, the third part of the paper argues, normative reality has increasingly become under pressure. Therefore, a discrepancy between the ‘law in courts’ and the compliance with these decisions (‘law in action’) has been emerging over recent years. Amid some signs of opening of France to minorities, this contradiction delineates a trend that might well continue in future.

Redrawing Identity Boundaries through Integration Policies: Strategies of Inclusion/Exclusion of Immigrants in Québec and South Tyrol. EDAP Paper 01/2013

Following the research agenda introduced by Will Kymlicka, this qualitative study offers an interpretation of how the sub-national elites of Québec and South Tyrol police the integration of immigrants. For these national minority groups, which are constantly undergoing a process of redefinition of their collective identities by differentiating themselves from the Others who do not belong to the in-group, immigrants have progressively become the most significant Others as they are not part of the original system of compromises. This article questions how sub-national elites are handling this relatively new kind of ethnocultural diversity brought about by large-scale permanent immigration on two levels: first, the political narrative of the ruling sub-national parties, their electoral appeals, manifestos and speeches; second, the policy arrangements for the integration of immigrants in education, language and social policy. The initial approach of the article is pessimistic, as it assumes that sub-national elites will marginalize immigrants to please core nationalist supporters. In fact, the hypotheses to be tested are whether the national minority groups of Québec and South Tyrol engage in a process of reconstruction of their ethnic identity bounded by opposition to real or imagined Others – the newcomers; and whether they adopt practical measures that force newcomers to be assimilated into the group or to be marginalized. The comparison between Québec and South Tyrol provides a basic understanding of the impact of immigration in two sub-national polities that are very different, but still adopt similar political narratives and policy strategies with regard to the integration of newcomers.

Shifting Responsibilities for EU Roma Citizens: The 2010 French affair on Roma evictions and expulsions continued. CEPS Paper in Liberty and Security in Europe No. 55, June 2013

Despite the ultimatum delivered in October 2010 to the French government by Viviane Reding, Vice-President of the European Commission, to adapt its national immigration law ‘to the letter’ of the Citizens Directive 2004/38, the country has continued to evict and expel Romanian and Bulgarian nationals of Roma origin. This paper examines the state of affairs with respect to France’s policy on eviction and expulsion of Roma and assesses the way in which the controversy has developed and can be understood from the perspective of citizenship of the EU. On the basis of an examination of the subsequent responses by the European Commission and the EU member states involved, as well as of a recent bilateral agreement concluded between France and Romania on the reintegration of families of Romanian citizens belonging to the Roma minority who have exercised their freedom to move, the paper suggests that there has been a paradigm shift in the priorities driving EU policy responses and politics. This shift has led to an ethnicisation of citizenship of the Union, where ethnicity increasingly plays a decisive role in the allocation and attribution of responsibility to secure and safeguard the union freedoms.

Russia in Serbia – soft power and hard interests. OSW COMMENTARY No. 150, 2014-10-29

Russian President Vladimir Putin’s visit to Serbia on 16 October has demonstrated Moscow’s willingness to secure its interests in the Balkans and use Belgrade in its confrontation with the West. It seems, however, that Russia does not have much to offer to Serbia’s authorities, which are reluctant to make more concessions towards Russia. However, Moscow has already gained a strong position in Serbia, which is due to the country’s dependence on Russian natural resources and, in particular, strong support for Russian policy on the part of Serbian elites and society. The traditional pro-Russian attitudes have been strengthened as a result of a series of Russia-inspired, wide-ranging soft power initiatives which have proved so successful that a large part of society has begun to believe that Russia’s interests are consistent with Serbia’s. Russia’s increasingly active policy towards Serbia and the Serbian minorities in the neighbouring countries – Bosnia and Herzegovina, Montenegro and Kosovo – has been part of a larger plan aimed at hampering the integration of the Balkan states with the Euro-Atlantic structures and maintaining an area of instability and frozen conflicts in the EU’s near neighbourhood. Russia’s policy is also becoming increasingly effective due to the EU states’ diminishing support for Balkan countries’ European integration.

Constitution for a new Hungary - the domestic and regional implications. OSW Commentary No. 60, 2011-07-29

The new constitution will come into force in Hungary on 1 January 20121. Its adoption is part of the state reform which the Fidesz party led by Prime Minister Viktor Orbán has been implementing since it won the election in April 2010. Fidesz, along with the Christian Democrats which support it, has a qualified majority of two-thirds of the votes in parliament and may introduce solutions to facilitate its rule without support from other groupings and it is taking advantage of this opportunity. One example of this has been the amendment of the constitution ten times followed by a speedy adoption of a new constitution. The next step will be passing dozens of constitutional laws which regulate essential areas of the functioning of the state over the next few months. Both the way and the scope in which the changes have been made have raised controversies both at home and abroad. The regulations reinforce the position of the ruling camp on the Hungarian political scene, assisting it in passing the test of the next elections. Slovakia, which has criticised the practice of granting Hungarian citizenship to ethnic Hungarians living in other countries, is opposing the promise of also granting them electoral rights. The constitutional reinforcement of the state’s ‘responsibility’ for the diaspora linked with the collective concept of national minority rights fostered by Hungary has already led to tensions in the region.

Ukraine - Romania: a sustained deadlock. OSW Commentary No. 68, 2011-12-29

The decision passed by the International Court of Justice in The Hague in February 2009, which finally determined the status of the Snake Island and the delimitation of the borders of Ukraine’s and Romania’s exclusive economic zones on the Black Sea’s continental shelf removed the major dispute from the agenda of relations between the two countries but it failed to reduce their mutual distrust. The sources of this distrust include the difficult history of Ukrainian-Romanian relations in the 20th century which is still adversely affecting political and economic co-operation between these two countries and preventing them from being free from resentments. Romania is the only EU member state and neighbour with which Ukraine has strained relations, which have been seriously deadlocked for years. There are a few political and economic reasons for this. Bucharest’s actions taken with regard to the Romanian and Moldovan national minorities in Ukraine are interpreted in Kyiv as a threat to Ukraine’s national security, and Romania’s political and economic activity in the Black Sea basin is perceived as contrary to Ukrainian interests in this region. In effect, although Romania supports Ukraine’s efforts to build closer relations with the Western structures in the international arena, it cannot be ruled out that Romania’s support will depend on the resolution of bilateral disputes in a way which is favourable to Romania.

The Racial Equality Directive – from law to practice. IES Policy Brief Issue 2013/07/September 2013

The transposition of the Racial Equality Directive (2000/43/EC) has immensely enhanced legal protection against discrimination on the grounds of racial and ethnic origin throughout the EU. More than 10 years after its adoption, the main challenge identified in many Member States is the enforcement of anti-discrimination laws in practice, in particular with regard to access to justice. Ultimately it is up to the domestic courts to ensure effective implementation of anti-discrimination law. Polls regularly show that the discrepancy between the levels of discrimination experienced and discrimination reported by victims must be seriously addressed. Awareness is low not only among the public but also among the members of the legal professions, leading to under-reporting of discrimination cases. In addition, data that reflect the ethnic or racial composition of the population are scarce which makes it difficult to prove discrimination before the competent authorities. Moreover, certain procedural difficulties that affect access to justice and effective enforcement also stem from the short limitation periods foreseen in legislation, lengthy procedures, evidence, high costs and failures in the provision of legal aid, ineffective sanctions, as well as barriers in the form of language and issues relating to legal standing or legitimate interest. The law remains complex and remedies often inadequate.

The Missing Piece: Empowerment of Roma Grassroots Organisations in EU Roma Integration Policies. IES Policy Brief Issue 2014/10/December 2014

Summary. The fourth edition of Roma Pride has brought Roma civic activism back in the spotlight. This Roma-rights mobilization, taking place every October in several European cities, has emphasized the centrality of an active civil society in pursuing a successful integration of the Roma in Europe. The ‘Award for Roma Integration’ and the ‘Civil Society Prize 2014’ conferred last October by the European Union (EU) to Roma and pro-Roma Civil Society Organizations (CSOs) have confirmed this approach. Nonetheless, a general discontent towards the EU Roma Integration Policies exists within the Roma Civil Society, who calls for stronger support to and the promotion of “Romaled change”. This Policy Brief investigates the reasons behind such discontent and identifies the ‘distance’ from Roma communities as the Achilles heel of EU policies. It argues for further efforts by the EU to empower Roma organisations operating at the grassroots through community capacity building, structured dialogue and simplification of the funding mechanisms.