Internazionalizzanione del diritto costituzionale e costituzionalizzazione del diritto internazionale delle differenze

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Il trattamento giuridico delle differenze ha assistito, negli ultimi anni, alla convergenza di due fenomeni epocali: da un lato la proliferazione degli strumenti internazionali per la protezione delle minoranze etno-nazionali, dall’altro la sfida del pluralismo e le sue ripercussioni giuridiche. Il concomitante effetto di questi due fenomeni ha dato vita a ciò che potrebbe definirsi il nuovo diritto delle differenze, che presenta aspetti per molti versi innovativi rispetto al passato, sia sotto il profilo delle fonti, sia rispetto al modo di operare degli strumenti da queste prodotti. Si tratta di una sfida fondamentale per il giurista, che costringe a confrontarsi con problemi e strumenti parzialmente nuovi. Il presente contributo prova a toccare alcuni degli elementi principali di questa nuova sfida.

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Globalisation is constantly redefining the processes of individual and collective identity construction. What we are witnessing is a “transition period” whose consequences are unclear and may be totally unexpected. What seems more comprehensible is the disintegration of a world that is built on the modern concept of Nation-State. Actually the state takes hits from all directions, however, maintaining its power and reacting, in part because there is no clear conceptualization, in institutional terms, of what may be the new effective centers of power. Identity and sense of belonging are gradually building around to an increasing glocal dimension, that sums up the tensions in the direction of local and global at the same time. The work is the result of a long period of research studying a vast literature on the subject and comparing newspapers, as well as traveling in different cultural contexts.
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La globalizzazione sta ridefinendo incessantemente i processi di costruzione identitaria individuale e collettiva. Quello che stiamo vivendo è un passaggio d’epoca le cui conseguenze non sono chiare e potranno essere del tutto inaspettate. Ciò che appare con maggior nitidezza è la destrutturazione di un mondo, quello che si è costruito nella modernità sugli Stati-nazioni, che nel corso degli ultimi tre secoli ha dato senso a qualsiasi forma di appartenenza. Se lo Stato subisce colpi da ogni direzione, tuttavia reggendo e reagendo, anche perché non esiste una chiara concettualizzazione, in termini istituzionali, di quali possano esseri i nuovi efficaci centri del potere, l’identità e il senso dell’appartenenza vanno via via costruendosi intorno ad una dimensione sempre più glocale, che riassume le tensioni nella direzione del locale e nel medesimo tempo del globale.
This article discusses why recent discriminatory incidents against the Roma community, one of the biggest minorities in Europe, rise in racism and anti-Roma hate speech in public discourse concerns international organizations. The first part of this article briefly outlines human rights bodies’ definition and regulation on the principle of equality and non-discrimination generally and in particular with regard to Roma education. The second part compares recent international human rights’ conclusions on Croatia, the Czech Republic, the Former Yugoslav Republic of Macedonia, and Slovakia with regard to the human rights developments of the Roma minority, and to the implementation of their national anti-discrimination legislation. In addition, the latter traces the debate on the access of Roma children to education in those countries, as well as reviews the European Court of Human Rights' case law, in particular with regard to two cases of Roma segregated education in Croatia and the Czech Republic. Finally, some conclusions are drawn as to how overcome the vicious circle of poverty and discrimination faced by the Roma population, in particular in the field of Roma education.
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Although minority protection was one of the Copenhagen political criteria and thus was at the core of the conditionality principle presupposing a fair assessment of the candidate countries' progress towards accession to the European Union on the merits, the Commission simultaneously promoted two contradicting approaches to the issue throughout the whole duration of the pre-accession process. They included, on the one hand, de facto assimilation and, on the other hand, cultural autonomy, thus being entirely contradictory. This paper is dedicated to outlining the main differences between the two key approaches to minority protection espoused by the Commission in the course of the latest enlargements' preparation. It also outlines the harmful effects of such an unbalanced approach to minority protection in the course of enlargement preparation on the future functioning of the EU enlargement law and, in particular, on the likely application of the conditionality principle in the future enlargement rounds.
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Asymmetry is characteristic of federal systems of government in the world, although the nature and extent of the asymmetry differs from one system to another. A distinction could be made between political asymmetry and constitutional asymmetry, which could be structured in different ways. The notion of asymmetry featured in the constitutional negotiation process in the nineties in South Africa. During the final stage of negotiations a political compromise was reached to have a more inclusive process, which opened the door for some form of constitutional asymmetry. The accommodation of cultural and regional diversity influenced the particular form and scope of asymmetry created by the Constitution. Two examples of how the constitutional asymmetry is utilised in practice is the adoption of the Western Cape Constitution, which also created own institutions particular to the Western Cape; and the recognition of the Zulu Monarch by the KwaZulu–Natal Provincial Government. This is done by way of legislation, specific budget allocations and special functions such as the opening of the KwaZulu–Natal Provincial Legislature. In a country with much diversity, such as South Africa, it is appropriate to accommodate diversity by way of some form of constitutional asymmetry.
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Cultural Diversity is an important topos in the European Union. It is part of the Union’s self–portrayal, can be found in diverse legal instruments, is the rationale behind numerous legal provisions. At the same time, the concern for cultural diversity gives reason for grave reservations towards the Union. This article intends to assist, on the basis of international law, in distinguishing appearance and reality. The Union will be analysed firstly as a situation of application of the international law of cultural diversity, secondly as regional executive of this international law, and thirdly as its global promoter. It shows that international law and Union law reinforce each other. The former conveys to the Union instruments to pursue European unification which at the same time serve its own implementation. Furthermore, it does not set limits to the European unity since it only protects cultural pluralism but not state–supporting identity, distinctiveness. A prerequisite for this consonance is that the Union’s constitutional law allows for political unity without cultural unity and that international law remains mute about important questions on European unification. From an international law perspective, the motto of the Union thus is more illusion than reality; however, the international law perspective does not fully exhaust the problem. The conformity with international law alone cannot dissipate the concern for the future of cultural diversity in the Union.
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The concept of diversity has become increasingly salient in equality discourse. In the EU and in many of its member states, the term ‘diversity’ is now often used in place of ‘equality’ by advocates of voluntarist antidiscrimination policies. This trend echoes a phenomenon observable in the United States, where the notion of diversity has acquired a major place in discussions over affirmative action. Interestingly, the US Supreme Court has played an important role in this evolution: ‘promotion of diversity’ has progressively become almost the sole justification admitted for affirmative action programmes in higher education. This paper critically explores the use of diversity argument in US legal discourse on antidiscrimination. It argues that while the notion of diversity may valuably contribute to the promotion of equal opportunities, it is not without ambiguities. A first ambiguity results from the vagueness of the term “diversity.” Considered in the abstract, it may encompass all kind of differences and particularities. Absent further explanation, it is not self-evident that “achieving diversity” requires a special focus on disadvantaged racial or ethnic minorities. The second ambiguity lies with the fact that the diversity argument, as constructed in the US case law, tends to justify efforts to promote the inclusion of disadvantaged groups on the basis of its utility for the dominant majority. This line of argument may obfuscate more principled justifications and makes equality discourse more vulnerable to attacks based on claims that combating discrimination is in fact not “efficient” and thus not in the interest of the dominant majority.
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The enlargement of the European Union has led to an increase of diversity within the European area. While the project of enlargement can be understood as one in which the European Union has sought to defend an exclusive understanding of European identity (a ‘Fortress Europe’), the combined process of enlargement and constitutionalisation can be seen to have ultimately contributed to an opening up as well as a rendering more contingent of the European project. The theoretical argument of the paper holds that the tendency towards this diversity and contingency is not reflected and difficult to deal with in some of the major theories on European integration. The argument is flanked by a substantive account which analyses the actual transformation of the European project. I conclude that the post-enlargement situation can indeed be more adequately described as one of diversity and openness rather than homogeneity and increasing unity. Nevertheless, the incorporation of diversity still leaves much to be desired, not in the least because of a ‘procedural’ interpretation of the deliberative mode. In order to effectively take difference into account, deliberation should include the recognition of difference and an emphasis on mutual understanding, rather than being focused on consensus-building.
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The paper describes the important contribution Council Directive 2000/43/EC of29 June 2000 implementing the principle of equal treatment between personsirrespective of racial or ethnic origin has made to improve the situation of theRoma in the Union. It also highlights, however, the insufficiencies of thatinstrument, when confronted to the specific needs of the Roma and to theirsituation in the Union. The paper therefore suggests that Article 13(1) EC couldbe relied upon by the European legislator either to improve further on thatDirective, for instance in order to extend its scope of application to the deliveryof administrative documents, in order to explicitly include segregation as a formof prohibited discrimination, or in order to adopt another instrument,complementary to the Racial Equality Directive, addressing in a more focusedmanner the specific needs of the Roma, while remaining attentive to thepreservation of their traditional lifestyle for those wishing not to renounce it,and ensuring that such a measure is based on a consultation of the Romathemselves. Article 13(2) EC could be relied upon to encourage the MemberStates to share the best practices they are developing in order to accelerate theintegration of the Roma, and to monitor, better and more systematically thanthey do at present, the situation of the Roma in fields such as housing,education, employment, or health care, where the Roma are not specificallyconsidered in the national action plans or the social inclusion plans of mostMember States at present.
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The Roma are often the victims of systemic discrimination which is closely related to the prejudices against them and their particular way of life, their own minority identity. When studying to what extent the Roma and their own way of life are protected on the basis of individual human rights in the European Convention on Human Rights, it becomes clear that slowly but surely the European Court of Human Rights acknowledges the vulnerable position of the Roma and their concomitant need of special protection. While significant developments have taken place concerning the preliminary issues of non-discrimination and the protection of physical integrity, the actual protection concerning language rights or educational rights is still rather meagre. Nevertheless, the gradual emergence of a right to an own way of life for Roma and the ensuing positive state obligations might very well enhance the latter incipient protection. The overall tendency of the latest judgements of the Court is to increasingly restrict the margin of appreciation of states, also in the sensitive domain of minority protection.
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'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”.
This article assesses the possibilities for applying the concept of desecuritization to the area of minority rights. The major conclusion is that a Jef Huysmans-type deconstructivist strategy, while perhaps conducive to the desecuritization of the individual migrant, is not possible in the case of the collective minority; indeed, the desecuritization of minority rights may well be ‘logically impossible’ in certain cases. The article seeks to show how, in seeking to maintain their collective identity, minorities are necessarily imbued with a certain ‘societal security-ness’, which, if removed, results in the death of the minority as a distinctive group. The article therefore suggests that ‘managing’ securitized issues might be more profitable than trying to ‘transform’ them.
Human Rights Quarterly 24.3 (2002) 736-780 This article will examine the jurisprudence of the European Court of Human Rights (Court), as it relates to, and possibly impinges on, minority groups. The European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) contains no minority rights provision akin to Article 27 of the International Covenant on Civil and Political Rights (ICCPR). Therefore, there is no direct way for members of minority groups to claim minority rights at the Court, although the Court has held that member states are under an obligation to uphold "international standards in the field of the protection of human and minority rights." In 1993, the Parliamentary Assembly of the Council of Europe, in Recommendation 1201, did propose a new protocol to the European Convention providing for minority rights. Recommendation 1201 was rejected by the Heads of State and Government meeting of the Council of Europe at its Vienna Summit in October 1993. The Council of Europe did pioneer the Framework Convention for the Protection of National Minorities in 1995, but it contains no complaint mechanism for individuals or groups. Nevertheless, there is a burgeoning minority rights jurisprudence of the Court based on interpretation and application of the European Convention. At present, the only reference to minorities can be found in Article 14 of the European Convention: National minority is undefined in Article 14, as is the case with every other international instrument dealing with minority rights. In Gorzelik and Others v. Poland, however, the Court held that while "the formulation of . . . a definition [of a national minority] would have presented a most difficult task, given that no international treaty—not even the Council of Europe's Framework Convention for the Protection of National Minorities—defines the notion of 'national minority,'" it was prepared to review the legal process by which the state had denied national minority status to a minority group. According to the Court, it is contrary to the European Convention to treat "any person, nongovernmental organization or group of individuals" in a discriminatory fashion with respect to one of the listed grounds without reasonable and objective justification, although the applicant has to prove that case beyond reasonable doubt. It also needs to be recognized, though, that the Court does not exercise as an appellate court. If a decision in a domestic court upholds the relevant European Convention obligations, even if the applicant is not satisfied with the outcome, the Court will not examine the case. Nevertheless, while there is no minority rights provision in the European Convention, minority groups can qualify as victims of violations of European Convention obligations and bring applications to the Court qua group. Article 34 states: Although it was eventually resolved by friendly settlement, the Court deemed admissible a claim concerning reindeer herding licences by Muonio Saami Village (sameby). The village, not the indigenous Saami villagers, was the applicant. In Metropolitan Church of Bessarabia and Others v. Moldova, the Church was recognized as an applicant. On the other hand, applicants were not recognized in Noack v. Germany, which concerned the relocation of a Sorb village in Germany so as to permit mining for lignite. The applicants consisted of thirteen villagers, the evangelical community and DOMOWINA, an organization defending Sorb interests. DOMOWINA was held to have no standing to bring a complaint "contesting a measure that affects its members." Groups and organizations can bring claims, but they must be victims in their own right. That a community might have standing opens up various possibilities for...
Conditionality has deeply affected European integration, particularly in what concerns EU human rights external policy on the one hand, and the enlargement process on the other hand. This paper affords a picture of the problems which conditionality has raised, not only on legal grounds, but also for the shaping and the understanding of the European identity. Moreover, the paper investigates how recent EU developments, such as the further stages of the enlargement process and the 'Treaty establishing a European Constitution', might change the course of, and might be affected by, conditionality.
This article compares the electoral law for the Carinthian Assembly with electoral laws of other European realities. The focus is on the impact of these laws on the representation of minorities in the respectively elected bodies. The author looks into the question of whether measures for the effective participation of minorities in public and political life are requested not only because of democratic but also legal considerations regarding the principle of equality. The article ends with suggestions on how the Carinthian legislator could reform the electoral law in order to allow for the representation of the Slovene minority.
The paper analyses a potential relationship between religion and politics in the context of the EU’s motto, unity in diversity. It’s aimed at verifying the thesis that claims the European Union’s identity motto has its roots in the ecclesial model of identity. The following analysis is a two–stage one. First, it considers whether the Church’s and the EU’s respective “unities in diversity” mean a similar thing; secondly, it elaborates the channels (cultural, ecclesial and political) through which the ecclesial model has been transferred into European politics. In the last part of the contribution, the author considers the significance of the ecclesial experience for the current European integration debates.
The aim of this paper is to describe, analyze and compare the recent legal developments regarding territorial cooperation that can be observed on the international and supranational level in Europe: the EC Regulation on a European Grouping of Territorial Cooperation adopted in 2006, on the one hand, and the planned Third Protocol to the European Outline Convention on Transfrontier Co–operation between Territorial Communities and Authorities concerning Euroregional Co–operation Groupings of the Council of Europe, on the other hand. Which future perspectives for territorial cooperation in Europe do these two new tools open and what could be the added value of having two (rather similar) instruments? These are just two of the questions standing behind this paper, entitled “Future Perspectives for Territorial Cooperation in Europe”, which–towards its end–will eventually come back to one of the most crucial determinants for the future development of territorial cooperation in Europe, i.e. the attitude of the national states towards CBC and their respective constitutional provisions.
Beside devolution to Scotland, Wales and Northern Ireland, regionalism has been the New Labour’s preferred option for England. Currently, the core of the government’s approach for the English regions is formed by the Regional Development Agencies. These bodies have been created mainly in order to coordinate and promote regional economic development, but the government hoped that they could have been also embryos for elected regional assemblies. This paper reveals that the potential impact of these bodies on the underlying problems of disadvantaged regions in England is limited. At the same time, it shows that Regional Development Agencies have not been able to lead to political regionalism. In fact, they are mere executive agencies of the government with members appointed by ministers and accountable through ministers to parliament, they have few powers, their budgets come entirely from Whitehall, and they are fully dependent on decisions made at central level.
Although still regarded by many as an essential feature of a truly federal government, the institution of the federal chamber appears to be experiencing a deep crisis. In all but two cases, in fact, federal chambers have shown over the decades an uncontrollable tendency towards centralization, to the limit that they now seem indistinguishable from regular, national chambers. The article assesses this problem from three perspectives. 1. A theoretical analysis of the concept of regional representation reveals that the origins of such a crisis lie in an intrinsic flaw of the institutional model upon which the chambers are based. 2. An historical analysis of the birth of federal chambers, and particularly of their archetype, the US Senate, shows that such a flaw is due to the misinterpretation of two features of the latter – equal representation and indirect election – which have been regarded as serving to provide true regional representatives, when their original rationale was in fact the protection from the risk of factionalism. 3. Finally, an analysis of the impact of political parties on federalism and on federal chambers shows that a possible solution for their crisis lies in using them as instruments for the decentralization and destructurization of the party system.
A debate is raging in Europe about what kind of policies states should adopt regarding the integration of Muslims. On one hand, policies are pursued which ask Muslims to “assimilate” and give up features of their (religious) traditions, on the other hand policies are promoted which encourage minorities to celebrate their “difference”. In Austria, the debate heated up again at the occasion of the widely debated study titled “Perspectives and Challenges Regarding the Integration of Muslims in Austria” in May 2006. This paper investigates the headscarf as a religious symbol in a Western state. Although there has not been a case before the Austrian courts on religious neutrality of public schools with regard to the limits of religious freedom evident in the headscarf cases all over Europe, the debate on religious practices in the public realm has also reached Austria, which makes a glance at the debate in Germany even more interesting. In Germany, a vibrant debate has been going on for years. Only recently, on the 7th of July 2006, a decision by the VG Stuttgart turned the debate into a different direction. To give an overview, the main strands of the German discussion will be outlined. This debate will be described against the background of the recent decisions of the ECtHR, which have set the guiding posts of the debate.
The language issue within the European constitutional space is one of the most fascinating challenges to supranational integration. On the one hand, the principle of equal standing of all official and working languages is constantly reaffirmed; on the other hand the necessity to simplify the European Babel on the basis of a more functional consideration of the language issue seems unavoidable. Several solutions have been proposed both by scholars and by European institutions. The paper argues that there is an intimate contradiction in today’s linguistic policy in the EU, oscillating between the need to simplification and the constitutional duty to respect linguistic pluralism as imposed by the member states. In fact, the language issue is just the mirror of the constitutional law of integration as a whole. Looking closer at the constitutional dimension of supranational integration cal help better address the language issue too. The analysis is divided in four parts, dealing respectively with the role and the limits of law in matters of language, the present allocation of competences in language-issues, the development of the concept of “integrated constitutional space”, and its legal nature under the viewpoint of the language dimension, elaborating some tentative proposals.
The article analyses the effects of the implementation of the Dayton Peace Agreement, which had been based on a "political" compromise with various static and dynamic elements, with regard to the functioning of institutions, developments in the party system, rule of law, effective administration and the economy. In particular the role of the High Representative and the Constitutional Court´s jurisprudence are highlighted for post-conflict reconstruction through state- and nation-building. Finally, based also on a critique of the role of the International Community, the remaining problems are addressed such as the economic viability and attractiveness for foreign investment and the need to shift the balance more from ethnic power-sharing to state effectiveness. In this regard, lessons to be learned from the Bosnian case study are drawn and put into a prospective context for further integration into the European Union.
Culture, in its prescriptive definition, is crucial concept for building a peacefuland open Europe as envisaged in the EC and EU Treaties, as well as in theConstitutional Treaty. For this reason, just after the third phase ofintergovernmental negotiations that took place from 25 May to 4 June 2005, andwith regard to the complexity and changing dimensions of this issue, it isimportant to underscore the significance of cultural diversity for Europeanpolity. More precisely, it seems useful to consider more deeply what is happeningin the UNESCO seat in the context the EU/EC as a “cultural democracy” throughanalysis of the present juridical status of competence within the Europeansystem in the cultural field. First, however, special attention should be paid tothis Convention because it seems to represent an important step towards unifiedinternational action, also within the sensitive and peculiar field of culture. Aftera critical overview, this article focuses on the participation of the EU/EC in thisnegotiation, regarding it as a paradigmatic example of European action in aninternational forum and, at the same time, as a factor for the restructuring ofcompetences within the European Community/Union system. The paper arguesthat the substantial re-allocation of competences in the cultural field emergingduring these negotiations points towards a more pluralistic shape of the EU/EC,and can easily represent a new trend in cultural action, characterized by thedialectical tension between cultural regulation and freedom of culture.
The article reflects the experiences of the author after having served as one of the three international judges of the Constitutional Court of BiH from 1997 to 2002. Based on the relevant case-law of the Constitutional Court it gives a basic overview of the constitutional structure of BiH and analyses the position of the Court vis-à-vis other institutions established under the Dayton-Agreement and the powers of judicial review and human rights protection based on its appellate jurisdiction. Moreover means of interpretation and the elements of constitutional doctrine elaborated through case-law as well as organisational and procedural matters such as the role of dissenting opinions are discussed. In conclusion the article reflects the role of the Constitutional Court in transition from an ethnically divided and war-torn society to democracy and the effective protection of human and minority rights.
After almost a decade of nationalist HDZ rule in Croatia, the change of government in 2000 brought pro-minority governance and concrete implementation of minority rights legislation. In 2003, when a reformed HDZ came to power, the new government declared that the unconditional return of all refugees, regardless of their ethnicity and the return of their property constitutes the priority of its mandate. This shift in the treatment of minorities, particularly the Serb minority which is the second largest ethnic community in the country, is closely linked to the fact of the country’s key foreign policy priority of joining the European Union. Since the current government is striving to legitimize its mandate by supporting the country’s entry into the European Union, the state is obliged to comply with all conditionality policies pursued by the Union, including respect for and protection of minorities. This paper examines how the issue of minority protection was perceived and realized in Croatia in thirteen years of the country’s independence by tracing amendments in Croatian legislation for minority protection. The paper emphasises that even though the potential accession to the European Union has motivated politicians to publically advocate the proper inclusion of minorities, the majority of Croatians remain reluctant to accept the need for minority protection. The domestic legislative framework has been brought in line with international minority protection standards, and implementation of minority rights has become more active. Nevertheless, the absence of broad acceptance of minorities constitutes major obstacle for the true realization of minority rights in Croatia.
Originally coined in the 1940s by protagonists of the Frankfurt School, the concept of ‘culture industry’ was gradually transformed from a derogatory term into the potentially more constructive concept ‘cultural industries’ in the context of the global culture and trade debate. The present article uses three paintings by the Belgian painter René Magritte to visually outline the framework of the conceptual and perceptive challenges, which were introduced by the various technological innovations underlying the various sectors embraced by the cultural industries and highlights some of the consequences these entail for the regulation of international trade. In particular, two legal precedents concerning the periodicals industry –involving, on the one hand, the EU and, on the other hand, the NAFTA and the WTO – are used to highlight the potential for a clash between cultural and commercial considerations as they are conceptually combined in the cultural industries. For the sake of greater clarity it is shown that in the overall regulatory process such a clash can occur either at the level of the legal idea, or the legal norm, or the legal decision. The article concludes by emphasising the need for a balance between cultural and commercial considerations with a view of their mutual reconciliation in the regulation of international trade, both at the global as well as the regional level.
The establishment of the European internal market has involved the cinematographic sector as a result of its economic nature. However, film, as a cultural medium, does not lend itself easily to the trends towards uniformity, inherent in the process of economic integration. This becomes visible in the relationship between national cinematographic legislation, reflecting cultural values, and the free market philosophy pursued within the European integration process. There seems to be a contradiction between national measures, which seek to correct the workings of the market, and the efforts to establish a European common market for audiovisual goods and services. This situation has been further complicated by the introduction of Article 151 into the EU legal order by the Maastricht Treaty, which recognised protection of cultural values as one of the EU constitutional tasks. However, it happened without calling into question the acquis communautaire on cultural matters. As a result, the audiovisual policy at the EU level is characterised by a contradiction between the economic logic of market integration and the goal of preservation of cultural diversity. The inherent conflict between these two objectives becomes very clear when looking at the development of the European film policy. This policy agenda creates an amalgam of two not easily reconcilable aims: promotion of cultural diversity and establishment of an internal film market. This horizontal tension is exacerbated by the clash between the European competition policy measures affecting the film sector and the national cultural policy considerations, which demonstrates how controversial remains the vertical power sharing within the EU. The aim of this paper is to investigate, on the basis of the European Commission policy documents and practice, these two-level tensions within the framework of the European film policy and draw conclusions for its future sustainability.
Given that borders control and the managing of migration flows are traditionally seen as the more-or-less exclusive preserve of the nation-state, the founding Treaties of the European Communities did not provide for any rule aimed at promoting supranational co-operation in these areas. As soon as the European Economic Community (EEC) evolved into the more cohesive European Union (EU), however, a gradual European-level involvement in establishing a common legal framework on the conditions of admission and stay of third country nationals and on the convergence of policies originally not covered by the Treaties occurred. Steps towards building a common EU approach to immigration do not, however, automatically meet the expectations and interests of national policies, which, in light of recent increases in immigration towards and across the EU countries, are often more concerned with limiting immigration and to putting limitations on who may enter and why than with adopting common solutions to common challenges. Against this backdrop, this paper presents empirical evidence from the cases of Italy and Germany of how national concerns and different views over integration of foreigners may cause opposition to the development of an effective EU immigration policy.
The Use of Minority…
  • Per
  • Palermo
Per l'analisi di alcuni casi cfr. Palermo, "The Use of Minority… ", 299.
Nic Shuibhne, EC Law and Minority Language Policy
  • The Kluwer
  • Hague
Per un'ampia disamina cfr. Nic Shuibhne, EC Law and Minority Language Policy. Culture, Citizenship and Fundamental Rights (Kluwer, The Hague et al., 2002).
11-7-1985, causa 137/84, Mutsch, in Racc. 1985, 2681 e sent. 24-11-1998, causa C-274/96, Bickel-Franz, in Racc
  • Cfr
Cfr. in particolare Corte giust., sent. 11-7-1985, causa 137/84, Mutsch, in Racc. 1985, 2681 e sent. 24-11-1998, causa C-274/96, Bickel-Franz, in Racc. 1998, I-7637.
Corte giust., sent. 28-11-1989, causa C-379-87, Anita Groener c. Minister for Education and City of Dublin Vocational Educational Committee, in Racc
  • Cfr
Cfr. Corte giust., sent. 28-11-1989, causa C-379-87, Anita Groener c. Minister for Education and City of Dublin Vocational Educational Committee, in Racc. 1989, 3967.
Unione europea e il principio di condizionalità" 2 II Diritto Pubblico Comparato ed
  • Appicciafuoco Lara
Appicciafuoco Lara, "Integrazione dei Balcani occidentali nell'Unione europea e il principio di condizionalità" 2 II Diritto Pubblico Comparato ed Europeo (2007), 547-582.
La Convenzione-quadro del Consiglio d'Europa per la protezione delle minoranze nazionali
  • Bartole Sergio
Bartole Sergio, "La Convenzione-quadro del Consiglio d'Europa per la protezione delle minoranze nazionali", Rivista italiana di diritto e procedura penale (1997), 567-580.
The Oslo Recommendations: An Overview" 6(3)
  • Eide Asbjørn
Eide Asbjørn, "The Oslo Recommendations: An Overview" 6(3) International Journal on Minority and Group Rights (1999), 319-328.
Ignorantia linguae non excusat': il regime linguistico delle agenzie comunitarie" 1 Diritto Pubblico Comparato ed
  • Fabiano Laura
Fabiano Laura, "'Ignorantia linguae non excusat': il regime linguistico delle agenzie comunitarie" 1 Diritto Pubblico Comparato ed Europeo (2004), 416-421.
Equality, Minority Protections, State Constitutional Law, and Federalism
  • Henrard Kristin
Henrard Kristin, "Equality, Minority Protections, State Constitutional Law, and Federalism", in Marko, Tarr, Williams (eds.), Federalism, Subnational Constitutions and Minority Rights (Greenwood Praeger, Westport, 2004), 25-29.
New Standards for Minority Issues in the Council of Europe and in the OSCE
  • Rainer Hofmann
Hofmann Rainer, "New Standards for Minority Issues in the Council of Europe and in the OSCE", in Kühl, Weller (eds.), Minority Policy in Action: The Bonn-Copenhagen Declarations in a European Context 1955-2005 (The European Centre for Minority Issues -Syddansk Universitet, Flensburg-Aabenraa, 2005), 239-277.
Learning to be Quiet: A Blueprint for Conflict Prevention in the European Union", (manoscritto) Canadian Political Science Association Annual Conference
  • Michael Johns
Michael Johns, "Learning to be Quiet: A Blueprint for Conflict Prevention in the European Union", (manoscritto) Canadian Political Science Association Annual Conference (June 2007),
Quiet Diplomacy in Action
  • Kemp Walter
Kemp Walter, Quiet Diplomacy in Action. The OSCE High Commissioner on National Minorities (Kluwer Law International, The Hague, 2001).
Le régime linguistique de l'Union Européenne: le régime des institutions et l'incidence du droit communautaire sur le mosaïque linguistique européenne
  • Milian-Massani Antoni
Milian-Massani Antoni, "Le régime linguistique de l'Union Européenne: le régime des institutions et l'incidence du droit communautaire sur le mosaïque linguistique européenne" 3 Rivista di Diritto Europeo (1995), 485-512.
The Constitutional Regulation of Ethnic Diversity, Protection of National Minorities and (Special) Rights of Persons belonging to National Minorities and/or National Minorities. The Countries of South Eastern Europe and the European Context (Institute for Ethnic Studies
  • Žagar Novak Aleš
  • Mitja
Novak Aleš, Žagar Mitja, The Constitutional Regulation of Ethnic Diversity, Protection of National Minorities and (Special) Rights of Persons belonging to National Minorities and/or National Minorities. The Countries of South Eastern Europe and the European Context (Institute for Ethnic Studies, Ljubljana, 2007).
Reform der EU-Sprachenregelung
  • Oppermann Thomas
Oppermann Thomas, "Reform der EU-Sprachenregelung?" 37 Neue Juristische Wochenschrift (2001), 2663-2668.
Filling the Frame. Five years of monitoring the Framework Convention for the Protection of National Minorities
  • Packer John
Packer John, "Situating the Framework Convention in a wider context: achievements and challenges", in AA.VV., Filling the Frame. Five years of monitoring the Framework Convention for the Protection of National Minorities (Council of Europe Publishing, Strasbourg, 2004), 43-51.
Domestic Enforcement and Direct Effect of the Framework Convention for the Protection of National Minorities. On the Judicial Implementation of the (Soft?) Law of Integration
  • Palermo Francesco
Palermo Francesco, "Domestic Enforcement and Direct Effect of the Framework Convention for the Protection of National Minorities. On the Judicial Implementation of the (Soft?) Law of Integration", Verstichel, De Witte, Lemmens (eds.), The Framework Convention for the Protection of National Minorities. A Useful Pan-European Instrument? (Intersentia, Antwerp, 2008), 187-214.
I 'simboli' della (in)tolleranza: la laïcité neutrale e la République" 1 Diritto Pubblico Comparato ed
  • Calamo Specchia Marina
Specchia Marina Calamo, "I 'simboli' della (in)tolleranza: la laïcité neutrale e la République" 1 Diritto Pubblico Comparato ed Europeo (2005), 153-175.
The History of Legal Protection of Minorities in Europe (XVIIth -XXth Centuries)
  • Eduardo Vieytez
  • Ruiz
Vieytez Eduardo Ruiz, The History of Legal Protection of Minorities in Europe (XVIIth -XXth Centuries), (University of Derby, 1999).
28-11-1989, causa C-379-87, Anita Groener c. Minister for Education and City of Dublin Vocational Educational Committee, in Racc
  • Corte Giust
Corte giust., sent. 28-11-1989, causa C-379-87, Anita Groener c. Minister for Education and City of Dublin Vocational Educational Committee, in Racc. 1989, 3967.