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.

The Fundamental Rights Agency and Civil Society: Reminding the Gardeners of their Plants' Roots. EDAP 02/2012, 2012

The European Union Agency for Fundamental Rights (FRA), the EU body responsible for advising EU institutions on fundamental rights, is equipped with a Fundamental Rights Platform (FRP) to ensure an on-going and structured exchange of information and feedback between the FRA and Civil Society. When the FRA was founded in 2007, there was little pre-existing knowledge on how to design such a Platform; hence, the development of the relationship between the FRA and Civil Society over the first five years proved an interesting experiment. Although the Platform was never intended as a mechanism of democratic co-decision making, it is far more than a loose marketplace where Civil Society actors across the spectrum of fundamental rights themes gather. The Platform offers channels of consultation and exchange not only among the participants but also with the FRA. It allows for cross-pollination, ensuring informed grassroots input into FRA work and FRA expertise flow to Civil Society actors. This synergetic relationship builds upon both the self-organising forces of Civil Society and the terms of references of the FRP as defined by the FRA. The Platform allows to find a certain unity in the remarkable diversity of fundamental rights voices. To what degree, however, the Platform’s dynamics allow the transformation of sometimes ‘compartmentalised’ single human rights discussions into wider trans-sectoral and transnational debates within the Human Rights Community depends on the motivation and the interest(s) of the different Civil Society players.

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.

Making or Breaking the Republic of Moldova? The Autonomy of Gagauzia. EDAP 02/2013

This article describes the process of self-determination and the creation of a territorial autonomy of the Gagauz people in the Republic of Moldova. It also analyses the situation in the autonomy after the change of government in Chisinau in 2009 and evaluates the current status of accommodation of the Gagauz’ interests in the country. Aspects of state-building and the influence of external actors are explored as well. Gagauzia (Gagauz Yeri) is one of the first post-Soviet autonomies. Since its establishment in 1994, no violent conflict has taken place there. However, the Gagauz language and culture remain relatively unprotected, and incentives as well as support for the integration of the Gagauz are low. The article outlines the potential for future disputes between the central government and local authorities, due to continuous attempts to limit Gagauzia’s self-governance and conflicting interpretations of how the autonomy should work. Furthermore, struggles between Gagauz political leaders and other local realities hamper the successful realization of Gagauz Yeri. With respect to Moldova’s efforts to resolve the Transnistrian conflict and to integrate with the European Union, compromises and cooperation through an ongoing dialogue between the centre and autonomy are clearly due. Resolving the remaining stumbling blocks could make Gagauzia a living, rather than symbolic autonomy.

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.

EU Conditionality on Nationality-Sensitive Matters in Bosnia and Herzegovina: Promoting Democracy or Maintaining the Status Quo? EDAP 05/2013

This paper will analyse the impact of the EU conditionality in Bosnia and Herzegovina (BiH) and its efficacy in promoting democratic changes in this country. It will be argued that as BiH is a unique case, its constitutional constraints must be taken into account because every reform that affects the difficult balance between the three main ethno-religious groups of BiH is perceived as a nationality-sensitive issue and is therefore vulnerable to political pressure. With reference to two specific situations where EU has demanded the BiH political elites to adopt EU-compatible reforms, namely the police reform process and the implementation of the Sejdić and Finci ruling, it will be argued that the use of the conditionality tool has increased inter-ethnic polarization among the political parties, thus preventing Bosnia and Herzegovina from moving forward in the EU integration process.

Could European Governance Ideas Improve Federal-provincial Relations in Canada? EDAP 6/2013

Over the past seventeen years Canada has decentralized many social programmes, moving responsibility from the federal government to 13 provinces and territories through bilateral federal-provincial agreements. In contrast, the European Union (EU) has moved in the opposite direction, building pan-European approaches and establishing new processes to facilitate multilateral collaboration among the 28 EU member states. This has been done through a new governance approach called the Open Method of Coordination (OMC). Using a detailed case study − employment policy − this paper explores whether Canada could learn from OMC governance ideas to re-build a pan-Canadian dimension to employment policy and improve the performance of its intergovernmental relations system. Concrete lessons for Canada to improve decentralized governance are suggested: consolidating the different bilateral agreements; using benchmarking instead of controls in fiscal transfers; undertaking research, analysis, and comparisons in order to facilitate mutual learning; revitalizing intergovernmental structures in light of devolution; and engaging social partners, civil society and other stakeholders. Post-devolution Canada is not doing badly in managing employment policy, but could do better. Looking to the EU for ideas on new ways to collaborate provides a chance for setting a forward looking agenda that could ultimately result not only in better labour market outcomes, but also improvements to one small part of Canada’s often fractious federation.

A Critique of Kosovo’s Internationalized Constitutional Court. EDAP 2014/02

The quality and the sustainability of the democratic institutions established in post-independence Kosovo under the guidance of the international community depend to a large extent on the performance of its constitutional court. The considerable international investment in that court reflects this assessment. One of the reasons why Kosovo’s international supervision has recently been terminated is that such court has been deemed to be functioning well. But its performance has not yet adequately been scrutinized. This essay reviews its most significant judgments, including decisions that deposed a president, annulled a presidential election, prevented a general election, and abolished the inviolability of parliament. The analysis of the reasons and effects of such rulings leads to the conclusion that the court gravely lacks independence and is subject to heavy political interference, which also the international judges do not seem immune from. The performance of the court is both a manifestation and a cause of Kosovo’s acute governance problems, which its international supervision has failed to remedy. The international community’s approach towards the court is also an illustration of the reasons why statebuilding in Kosovo led to unsatisfactory results, despite unprecedented investment.

"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of “lawfare” in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

Making Autonomies Matter: Sub-State Actor Accommodation in the Nordic Council and the Nordic Council of Ministers - An Analysis of the Institutional Framework for Accommodating the Faroe Islands, Greenland and Åland within ‘Norden’. EDAP Paper 03/2014

Sovereign powers are not absolute but exercised in varying areas and to varying degrees by sub-state, state and supra-state entities. The upward dispersion of power to international organisations carries implications for the sub-state level, while sub-state governance poses demands as to the conduct of governance at the international level. It is well recognised that sub-state entities, such as federal states and autonomies, may have the (restricted) capacity to enter into international relations. But what capacities do international organisations have to accommodate autonomies in their institutional frameworks? This paper shall present a case study of one such framework, namely Nordic co-operation and the accommodation of the Nordic autonomies, the Faroe Islands, Greenland and Åland, within its institutional framework. Within ‘Norden’, the position of autonomies has been scrutinised and adapted on several occasions, in the late 1960s, early 1980s and in the mid-2000s. The accommodation of the autonomies has been discussed in light of evident implications of statehood and international legal personality and the institutional arrangements eventually carved serve well to illustrate the challenges and opportunities international organisations face in the attempt to accommodate multi-level systems.