Die Europäische Union und das Rahmenübereinkommen zum Schutz nationaler Minderheiten: ignorieren, parallell “umsetzen“ oder gar beitreten? = The European Union and the Framework Convention for the Protection of National Minorities: ignore, "implement" or even join? EDAP 4/2014

This paper looks at the Council of Europe Framework Convention for the Protection of National Minorities (FCNM) through the lense of European Union law. It does so by posing four major questions: does the fact that 24 of 28 Member States of the EU ratified the FCNM have any legal implications for the European Union itself? Secondly, turning to the national level, does it make a difference for the implementation of the FCNM whether or not a state that has ratified the FCNM is also a member to the European Union? Thirdly, returning to the European Union itself, can and should the EU accede to the FCNM? Or are there, finally, any means beside ratification that would allow the European Union to implement the objectives and obligations as enshrined in the FCNM? These four questions are analysed in detail before the paper concludes on the potential role of the European Union in managing diversity and protecting (persons belonging to) minorities

Die Schweizer Asylpolitik und ihre Entwicklung bis zum Asylgesetz 2006

Ich versuche, in den einzelnen Kapiteln dem Leser einen Überblick zu verschaffen über die geschichtliche Entwicklung der schweizerischen Asylpolitik bis hin zum heutigen Stand des Asylgesetzes. Die einzelnen geschichtlichen Entwicklungsschritte der Asylpolitik und der Asylgesetzgebung sollen dem Leser verdeutlichen wie es zu dem allseits umstrittenen Asylgesetz 2006 kommen konnte. Einzelne Kapitel werden auch das Asylverfahren an sich behandeln. Um den Leser immer wieder auf die „Einzelstellung“ der Schweiz innerhalb Europas aufmerksam zu machen werde ich immer wieder Vergleiche und Verbindungen zum internationalen Umfeld und vor allem zu Europa ziehen

The Debate on European Values and the Case of Cultural Diversity. EDAP 1/2004

‘Values’ have become a topic of discussion at the European level. This article tries to briefly track the reasons for this phenomenon as well as to detangle the foggy notion of ‘values’ in this context. The author differentiates between founding values, European ideas and common legal principles. All these different forms of European values differ in their respective legal and political character. Most importantly, they require a different level of European conformity. Special emphasis is given to the value of cultural diversity which can be considered, at most, a ‘self-restrictive’ value since it can be perceived from an inclusive perspective (including diversity within the states) or from an exclusive perspective (diversity amongst the states). Placing too much emphasis on the inclusive reading endangers the exclusive reading, and vice versa. In this context, the author refers to the new constitutional motto of the European Union as proposed by the constitutional treaty. Unlike the situation in Indonesia and South Africa (which both use the same motto) it does not seem to address subnational diversity. Instead, "united in diversity" aims at protecting national identities against excessive integration,and thus seems the very opposite of the US constitutional motto of "E pluribus unum"

The Fundamental Rights Agency and Civil Society: Reminding the Gardeners of their Plants' Roots. EDAP 2/2012

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

Die Sprache und der Binnenmarkt im Europa der EU: Eine kleine Beziehungsaufstellung in 10 Punkten = Language and Internal Market in the Europe of the EU: How they relate to each other in 10 short Points. EDAP 1/2005

“Language and Markets” is the topic of this article, which examines their relationship in ten short points. Specifically, it addresses the interrelationship between res publica (the state), lingua (the language) and forum (the market). The establishment of both the res publica and the forum has often led to a decrease in linguistic diversity. At least, this is true if one considers the building of nation states. However, the same does not apply to European reality, despite the fact that the EU has succeeded in establishing an efficient forum and a common res publica. The article goes on to explore the general state of the phenomena of linguae, both in the European res publicae and in the European forum. It then explores the legal implications for national language policies when confronted with the four market freedoms in the European forum in detail. It concludes that the European forum does not seriously threaten European linguistic diversity, since a considerable degree of flexibility exists. In this respect the European res publica can learn from the European forum since the the former includes 20 official languages and preaches a rigid language system which will need some adaptation without putting linguistic diversity at risk. The author ends by stating that in the context of the very specific European “demoicracy” (a intertwined set of many democracies), market forces will not bring about the end of Europe’s linguistic diversity. Rather Europe will continue to offer a combination of a rather unique degree of economic unity with a rather unique degree of linguistic diversity

Fundamental Rights and the European Union : how does and how should the EU Agency for Fundamental Rights relate to the EU Charter of Fundamental Rights?

This paper looks at the mandate of the European Union Agency for Fundamental Rights (FRA), established in 2007, from the perspective of the Charter of Fundamental Rights of the European Union, which entered into force in 2009. It explores the relationship between FRA and the Charter by looking at the agency’s institutional practice, its founding regulation and its Multiannual Framework, on which the Council of the European Union agrees every five years. The Florence-based European University Institute (EUI) proposed some 15 years ago an European Union (EU) human rights agenda for the new millennium. Many of the agenda’s policy proposals have materialised ever since, including the establishment of a ‘European Human Rights Monitoring Agency’. The Charter was not part of this set of proposals. However, this prominent bill of rights and the new Agency in Vienna are obviously closely related to each other. The author concludes that the agency, despite certain limitations in its mandate, is a ‘full-Charter-body’ which could unfold its potential better following a revision of its founding regulation. Such a revision should reflect that the EU Charter for Fundamental Rights has entered into force in the meantime. The author identifies two additional key elements for the need of revision: FRA’s mandate should include the possibility for the agency to deliver opinions on proposed EU legislation on its own motion, and the agency should autonomously adopt its multiannual priorities

Das Recht der europäischen Union und die minderheiten Europas : Spielräume und Schranken in einem neuen Gestaltungsrahmen

Defence date: 13 January 2006Examining Board: Prof. Bruno De Witte, Doktorvater, Europäisches Hochschulinstitut Florenz ; Prof. Dr. Stefan Griller, Wirtschaftuniversität Wien ; Prof. Dr. Joseph Marko, Leopold-Franzens-Universität Graz ; Prof. Jacques Ziller, Europäisches Hochschulinstitut FlorenzFirst made available online on 19 December 201