Legal Rules Of European Countries In Minority Protection – Tracing The Double Standard

Vučić, Mihajlo and Jončić, Miloš (2013) Legal Rules Of European Countries In Minority Protection – Tracing The Double Standard. The Review of International Affairs, LXIV (1151). pp. 119-144. ISSN 0486-6096

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Abstract

The article explores the contentional notion of ‘double standard’ in minority protection in the original European Union (EU) member states and those that have joined it later, or are still wishing to join it. It starts by citing the authors that speak about the double standard, and it shows that no matter what the ideological position of the author is (whether he defends it or attacks) they all agree that the double standard exists. Then, the article concentrates on some exemplary practices of states towards their minorities and asymmetric reactions of the main actors such as the EU and the Organization for Security and Cooperation in Europe (OSCE) towards those practices. It is shown that the reactions tended to be criticism for ones, and indulgence for the others. The article goes on showing that with some notable exceptions, which in the opinion of the authors just enforce the argument that there exist no unified criteria for minorities protection across Europe, minorities legislation in the countries that acceded later in time, or are still awaiting the accession, are much more in-depth and extensive in view of the types of rights they include in their provisions than the original members. In addition to it, they tend to cover those communities that do not enjoy the status of national minorities in original member states. This state of affairs puts minorities across what should be a common standard European legal system in a rather fragmented and disbalanced situation. This situation can, however, lead to very similar social problems, such as the social discontent of the unprotected minorities in original members and disintegration of unstable and young societies in newer members or candidates for membership.

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