Transposition of European Standards on Minority Protection into National Legal Orders
Since the early 1990s, an acquis has been developing for the protection of national minority rights both in international and domestic law in Europe. At the international level, the leading institution has been the Council of Europe, under the auspices of which the only two international legal documents on national minorities have been adopted. It goes without saying that the Framework Convention for the Protection of National Minorities is a central part of the acquis, which has significantly influenced legal developments in national minority protection in numerous European states. In this respect, the opinions and thematic commentaries issued by its monitoring body, the Advisory Committee, have provided useful guidelines for the improvement of national minority protection. The European Charter for Regional or Minority Languages, despite its primary focus on languages and not speakers, has still contributed to states’ sensibilization to minority languages and their usage in different contexts. Against this background, and in line with the core feature of the Framework Convention and the European Charter as being “living instruments”, the Justice and Governance cluster is following and exploring the main developments within the two legal instruments and the dynamics within the state parties in implementing the standards on minority protection. The cluster is especially interested in the methodology and the impact of the respective monitoring processes.
Events:
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Ljubica Djordjević participated in the ASN Convention, online, 4-7 May 2022:
- presented the paper “Implementation of the Framework Convention for the Protection of National Minorities in Serbia: The Impact of the Advisory Committee Monitoring” in scope of the Panel BK 16 “Minority Politics, Protection and Rights”;
Programme and the recordings can be found here.
- participated in the Panel CE 19 “Bilateral State Relations and Minority Issues” as a discussant.
Programme and recordings can be found here. - Ljubica Djordjević presented at “Framework Convention for the Protection of National Minorities: Taking Stock after 20 Years”, Goethe University Frankfurt, 13-14 March 2018 (Article 4, Access to Justice)
- Programme can be found here.
- Ljubica Djordjević presentated “Drafting Domestic Legislation Provisioning National Minority Rights: The Dos and Don’ts According to the Council of Europe” at the Conference “Legal regulation on national minorities-theory and practice, EFHR, Vilnius, Lithuania, 29 October 2018.
- Ljubica Djordjević's address before the European Committee of the Schleswig-Holstein Parliament on the implementation of the European Charter of Regional or Minority Languages in Schleswig-Holstein, Kiel, 30 September 2020
Publications:
- Djordjević, L., Malloy, T.H. (with Černega, S.) (2017). Drafting Domestic Legislation Provisioning National Minority Rights: The Dos and Don’ts According to the Council of Europe, ECMI Research Paper #104
- Molos, D. (2018). The Mixed Tale of Croatia’s Implementation of the FCNM: Successful Legislative and Institutional Implementation marred by Local Administrative Resistance and Misapplication, ECMI Research Paper #113
- Djordjević, L. (2019). Administrative-Territorial Reform through Municipal Amalgamation and the Protection of National Minorities: European Standards and a Few Examples, ECMI Research Paper #115
- Djordjević, L. (with Zaimi, Z.) (2019). Commentary: The Law on Protection of National Minorities in the Republic of Albania, Journal on Ethnopolitics and Minority Issues in Europe (JEMIE), 18(1), 53-69,
- Djordjević, L. (2018). The FCNM at 20: Is There Indeed a Crisis?, ECMI Issue Brief #42
- Djordjević, L. (2021). The Framework Convention for the Protection of National Minorities: A Commentary by Rainer Hofmann, Tove H. Malloy, and Detlev Rein (eds.). European Yearbook of Minority Issues, Vol. 18 (2019), 266-271. (book review)
