The Framework Convention for the Protection of National Minorities
A Commentary
The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.
Prof. Dr. Dr. Rainer Hofmann is Professor of Public Law, Public International Law and European Law at Goethe University, Frankfurt, and President of German Branch of the International Law Association. He was member in respect of Germany of the Advisory Committee on the Framework Convention for the Protection of National Minorities from 1998-2004 and from 2008-2012, serving as its President from 1998-2004 and from 2010-2012. He sits on the Executive and the Management Board of the EU Fundamental Rights Agency.
Prof. Dr. Tove H. Malloy is Director at the European Centre for Minority Issues in Flensburg, Germany, Adjunct Professor at the Europa-Universität-Flensburg and member in respect of Denmark of the Advisory Committee on the Framework Convention for the Protection of National Minorities, where she also serves as Gender Equality Rapporteur.
Dr. Detlev Rein is an independent researcher in the field of minority protection and member in respect of Germany of the Advisory Committee on the Framework Convention for the Protection of National Minorities. He served as Head of Division for national minorities and regional languages in Germany and European policy on minorities at the German Federal Ministry of the Interior.
Prof. Dr. Tove H. Malloy is Director at the European Centre for Minority Issues in Flensburg, Germany, Adjunct Professor at the Europa-Universität-Flensburg and member in respect of Denmark of the Advisory Committee on the Framework Convention for the Protection of National Minorities, where she also serves as Gender Equality Rapporteur.
Dr. Detlev Rein is an independent researcher in the field of minority protection and member in respect of Germany of the Advisory Committee on the Framework Convention for the Protection of National Minorities. He served as Head of Division for national minorities and regional languages in Germany and European policy on minorities at the German Federal Ministry of the Interior.
"The volume is a valuable snapshot of the monitoring work of the ACFC and a respectful analysis of the FCNM through the prism of the interpretations given by the ACFC throughout twenty years of practice. (...) The aim of the editors “to support all stakeholders and beneficiaries in their work with the FCNM” (p. XI) has been certainly fulfilled, with the remark that the volume addresses rather advanced readers, who already have background knowledge about the FCNM and the ACFC approach to minority protection." Ljubica Djordjević,
European Yearbook of Minority Issues, Volume 18 (2019).
Preface
Abbreviations in the Commentaries
Introduction
Rainer Hofmann, Tove H. Malloy and Detlev Rein
1 Beyond
Adhocism
– Advancing Minority Rights through the United Nations
Antti Korkeakivi
2 The protection of minority rights by the European Union: the European Citizens’ Initiative as a test case
Gabriel N. Toggenburg
3 Commentary of the Preamble of the Framework Convention for the Protection of National Minorities
Alan Phillips
4 Commentary of Article 1 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
5 Commentary of Article 2 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
6 Commentary of Article 3 of the Framework Convention for the Protection of National Minorities
Stéphanie Marsal and Francesco Palermo
7 Commentary of Article 4 of the Framework Convention for the Protection of National Minorities
Barbara Wilson
8 Commentary of Article 5 of the Framework Convention for the Protection of National Minorities
Petra Roter
9 Commentary of Article 6 of the Framework Convention for the Protection of National Minorities
Doris Angst
10 Commentary of Article 7 of the Framework Convention for the Protection of National Minorities
Anna Fontaine
11 Commentary of Article 8 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
12 Commentary of Article 9 of the Framework Convention for the Protection of National Minorities
Günther Rautz and Mahulena Hofmann
13 Commentary of Article 10 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
14 Commentary of Article 11 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
15 Commentary of Article 12 of the Framework Convention for the Protection of National Minorities
Sia Spiliopoulou Åkermark
16 Commentary of Article 13 of the Framework Convention for the Protection of National Minorities
Detlev Rein
17 Commentary of Article 14 of the Framework Convention for the Protection of National Minorities
Brigitta Busch
18 Commentary of Article 15 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
19 Commentary of Article 16 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
20 Commentary of Articles 17 and 18 of the Framework Convention for the Protection of National Minorities
Emma Lantschner
21 Commentary of Article 19 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
22 Commentary of Articles 20, 21, 22 and 23 of the Framework Convention for the Protection of National Minorities
Hans-Joachim Heintze
23 Commentary of Articles 24–26 of the Framework Convention for the Protection of National Minorities
Detlev Rein
24 Commentary of Article 27 of the Framework Convention for the Protection of National Minorities
Detlev Rein
25 Commentary of Article 28 of the Framework Convention for the Protection of National Minorities
Detlev Rein
26 Commentary of Article 29 of the Framework Convention for the Protection of National Minorities
Detlev Rein
27 Commentary of Article 30 of the Framework Convention for the Protection of National Minorities
Detlev Rein
28 Commentary of Article 31 of the Framework Convention for the Protection of National Minorities
Detlev Rein
29 Commentary of Article 32 of the Framework Convention for the Protection of National Minorities
Detlev Rein
Bibliography
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Commentary
Abbreviations in the Commentaries
Part 1: General Articles
Introduction
Rainer Hofmann, Tove H. Malloy and Detlev Rein
1 Beyond
Antti Korkeakivi
2 The protection of minority rights by the European Union: the European Citizens’ Initiative as a test case
Gabriel N. Toggenburg
Part 2: Commentaries article-by-article
3 Commentary of the Preamble of the Framework Convention for the Protection of National Minorities
Alan Phillips
4 Commentary of Article 1 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
5 Commentary of Article 2 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
6 Commentary of Article 3 of the Framework Convention for the Protection of National Minorities
Stéphanie Marsal and Francesco Palermo
7 Commentary of Article 4 of the Framework Convention for the Protection of National Minorities
Barbara Wilson
8 Commentary of Article 5 of the Framework Convention for the Protection of National Minorities
Petra Roter
9 Commentary of Article 6 of the Framework Convention for the Protection of National Minorities
Doris Angst
10 Commentary of Article 7 of the Framework Convention for the Protection of National Minorities
Anna Fontaine
11 Commentary of Article 8 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
12 Commentary of Article 9 of the Framework Convention for the Protection of National Minorities
Günther Rautz and Mahulena Hofmann
13 Commentary of Article 10 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
14 Commentary of Article 11 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
15 Commentary of Article 12 of the Framework Convention for the Protection of National Minorities
Sia Spiliopoulou Åkermark
16 Commentary of Article 13 of the Framework Convention for the Protection of National Minorities
Detlev Rein
17 Commentary of Article 14 of the Framework Convention for the Protection of National Minorities
Brigitta Busch
18 Commentary of Article 15 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
19 Commentary of Article 16 of the Framework Convention for the Protection of National Minorities
Tove H. Malloy
20 Commentary of Articles 17 and 18 of the Framework Convention for the Protection of National Minorities
Emma Lantschner
21 Commentary of Article 19 of the Framework Convention for the Protection of National Minorities
Rainer Hofmann
22 Commentary of Articles 20, 21, 22 and 23 of the Framework Convention for the Protection of National Minorities
Hans-Joachim Heintze
23 Commentary of Articles 24–26 of the Framework Convention for the Protection of National Minorities
Detlev Rein
24 Commentary of Article 27 of the Framework Convention for the Protection of National Minorities
Detlev Rein
25 Commentary of Article 28 of the Framework Convention for the Protection of National Minorities
Detlev Rein
26 Commentary of Article 29 of the Framework Convention for the Protection of National Minorities
Detlev Rein
27 Commentary of Article 30 of the Framework Convention for the Protection of National Minorities
Detlev Rein
28 Commentary of Article 31 of the Framework Convention for the Protection of National Minorities
Detlev Rein
29 Commentary of Article 32 of the Framework Convention for the Protection of National Minorities
Detlev Rein
Bibliography
Academics, professionals and practitioners as well as students interested in state compliance with human rights and minority protection in Europe.