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.
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Biographical Note

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.

Table of contents

Preface
Abbreviations in the Commentaries

Part 1: General Articles


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

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 fcnm Commentary

Readership

Academics, professionals and practitioners as well as students interested in state compliance with human rights and minority protection in Europe.