Tolerance through Law

Self Governance and Group Rights in South Tyrol

The autonomous province of South Tyrol in Northern Italy is generally considered to be one of the most successful examples for the solution of ethnic conflicts. The autonomy arrangement is characterized by detailed legal safeguards and strong guarantees creating a special and unique position within the Italian legal system and in a comparative perspective. This book gives an analysis of the evolution of the legal instruments and institutions of self-government and minority protection through power-sharing as well as of the experience gathered during decades of the implementation of a "working autonomy". It thus provides insights regarding the state and the evolution of this specific case as well as for the general tendencies in the development of territorial autonomy and minority protection.

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Joseph Marko, Director of the "Institute for Minority Rights" at the European Academy of Bolzano/Bozen, is Professor of Comparative Public Law and Political Science at the University of Graz (Austria). He is a former Judge of the Constitutional Court of Bosnia and Herzegovina and Member of the Advisory Committee of the Framework Convention for the Protection of National Minorities. He published widely on minority protection and constitutional developments in South Eastern Europe.
Francesco Palermo, Director of the "Institute for Studies on Federalism and Regionalism" at the European Academy of Bolzano/Bozen, is Professor of Comparative Public Law at the Faculty of Law at the University of Verona (Italy) and Member of the Advisory Committee of the Council of Europe's Framework Convention for the Protection of National Minorities. His research and publications mainly focus on comparative federal and regional studies and minority issues.
Jens Woelk, is Senior Researcher at the European Academy of Bolzano/Bozen (Institute for Studies on Federalism and Regionalism) and Lecturer and Researcher for Comparative Constitutional Law at the Law Faculty of the University of Trento (Italy). His research focus is on federalism, regionalism, minority-group issues and constitutional transformation in South-Eastern Europe.
Editors’ preface; Part I:Framework: Chapter 1: History of the South Tyrol Conflict and its Settlement Emma Lantschner; Chapter 2: Protection of Minorities under International Law and the Case of South Tyrol Roberta Medda-Windischer; Chapter 3: South Tyrol’s Special Status within the Italian Constitution Francesco Palermo ; Part II: Self-Governance: Chapter 4: Institutions of Self-Government Giuseppe Avolio; Chapter 5: Legislative and Administrative Autonomy Leonhard Voltmer and Sara Parolari; Chapter 6:The Financial System of the Autonomous Province of Bolzano/Bozen Thomas Benedikter; Chapter 7: What it Means to be Special in Relations with the Central State: Institutions and Procedures Jens Woelk ;
Chapter 8: Implementation and Amendment of the Autonomy Statute Francesco Palermo;
Chapter 9: Cross-border Cooperation between Historical Legacies and New Horizons Alice Engl and Carolin Zwilling; Chapter 10: Regional Autonomies Providing Minority Rights and the Law of European Integration: Experiences from South Tyrol Gabriel N. Toggenburg; Part III: Minority Rights: Chapter 11: Individual and Group Rights in South Tyrol: Article 2 as Grundnorm of the Autonomy Statute Jens Woelk; Chapter 12: Quota System, Census and Declaration of Affiliation to a Linguistic Group Emma Lantschner and Giovanni Poggeschi; Chapter 13: The Educational System in South Tyrol Siegfried Baur and Roberta Medda-Windischer; Chapter 14: Linguistic Rights and the Use of Language Cristina Fraenkel-Haeberle;
Chapter 15: A ‘Minority within a Minority’: the Special Status of the Ladin Valleys Günther Rautz; Chapter 16: South Tyrol’s Special Status in Civil Law: the ‘Entailed Farm’ and the ‘Grundbuch’ Systems Giovanni Poggeschi;
Part IV: Lessons to be Learned: Chapter 17: South Tyrol’s Consociational Democracy: Between Political Claim and Social Reality Günther Pallaver; Chapter 18: Complex Power Sharing as Conflict Resolution: South Tyrol in Comparative Perspective Stefan Wolff;
Chapter 19: Is there a South Tyrolean ‘Model’ of Conflict Resolution to be Exported? Joseph Marko; Appendix Alice Engl and Alexandra Tomaselli; Editors;The authors.
The book is particularly interesting for students at MA level, practitioners, NGO's (especially working in the field of human rights, minority rights and democratization), civil servants as well as academics from legal, political and social sciences.