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

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

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

The EU Fundamental Rights Agency: Satellite or guiding star? Raison d'être, tasks and challenges of the EU's new agency

At the beginning of March, a new agency of the European Union (EU) began its work in Vienna. The European Fundamental Rights Agency (EFRA) will replace the European Monitoring Centre on Racism and Xenophobia (EUMC), which was created in 1998. In contrast to the EUMC, the new agency will be responsible for the entire area of fundamental rights. As the EU and the Council of Europe already have a considerable amount of instruments in the field of human rights protection, the necessity of an additional one in Europe is not entirely uncontroversial. The new agency does, however, have considerable potential for improving the EU's human rights policy, for creating more synergies in an 'integrated European area of human rights' and for a focused debate on issues related to 'diversity management'.(SWP Comments / SWP

Die EU-Grundrechteagentur: Satellit oder Leitstern? Daseinsberechtigung, Aufgaben und Herausforderungen der neuen Agentur der Europäischen Union

Anfang März 2007 nimmt in Wien eine neue Agentur der Europäischen Union (EU) ihre Arbeit auf. Die Europäische Agentur für Grundrechte (European Fundamental Rights Agency, EFRA) ersetzt die 1998 gegründete Europäische Stelle zur Beobachtung von Rassismus und Fremdenfeindlichkeit (EUMC). Im Gegensatz zur EUMC ist die neue Agentur für den gesamten Grundrechtebereich zuständig. Da die EU und der Europarat bereits über ein beachtliches Instrumentarium im Bereich des Menschenrechtsschutzes verfügen, ist die Notwendigkeit einer weiteren Einrichtung in Europa nicht unumstritten. Die neue Agentur verfügt jedoch über ein beträchtliches Potential für eine verbesserte Menschenrechtspolitik der EU, für mehr Synergie in einem »Integrierten Europäischen Menschenrechtsraum« und für eine konzentrierte Auseinandersetzung mit Fragen des »Diversity Managements«.(SWP-aktuell / SWP

A Remaining Share or a New Part? The Union’s Role vis-à-vis Minorities After the Enlargement Decade

This article attempts to identify the role of the Union vis-à-vis (its) minorities after enlargement. Does the Union simply continue to take care of the remaining share of the tasks it provided during the enlargement decade or does it play a new part? In the former case theUnion would merely continue to apply the conditionality-policy vis-à-vis current and futurecandidate states. In the latter case the Union would, firstly, revamp its conditionality policy inits external relations, secondly, considerably strengthen cooperation with the other two European players in the area of minority protection and, thirdly, develop stronger internal engagement for minorities living on the EU-territory. The author argues that scenarios of fading out have so far not materialized. Rather the Union’s policy vis-á-vis the Western Balkans shows a revamped engagement for minority interests in the Union’s external relations (part 2). Moreover a new inter-organisational trialogue between the EU, the OSCE and Council of Europe is on its way and will presumably further develop in future (part 5). Last but not least the article shows that even in the internal sphere the Union is strengthening its minority momentum. In this context the author not only examines the Constitution of Europe (part 3) but focuses on new modes of governance in the areas of the EuropeanEmployment Strategy, the Social Inclusion Process and the Immigration policy (part 4). The author notes that the internalization of the minority-issue goes hand in hand with a shift of interest from old minorities to new minorities. In conclusion he says that the enlarged Union is not only taking care of a remaining share of its former minority engagement but assuming a new part in the area of minority protection.minorities; EU Charter of Fundamental Rights; subsidiarity; immigration policy