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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
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The Impact of EU Law on Minority Rights (Hardcover)
Loot Price: R3,461
Discovery Miles 34 610
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The Impact of EU Law on Minority Rights (Hardcover)
Series: Modern Studies in European Law
Expected to ship within 10 - 15 working days
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This book provides a critical evaluation of the ways in which EU
law engages with minority rights protection: at its core is an
analysis of EU law and minority rights. Unlike the UN or ECHR, the
EU has no competence to set standards on minority protection and
this has been a point of disappointment for minority rights
advocates. Indeed, this book will demonstrate that, in EU law,
binding standards really only exist in the sphere of
non-discrimination and are at their strongest in the field of
employment. As such, binding standards within EU law affect only a
small proportion of the canon of minority rights. However, the EU
does have competence to promote diversity and facilitate
redistribution of power and resources across the EU. According to a
broad understanding of minority rights protection, acts of
promotion and facilitation -alongside those of standard-setting -
constitute essential underpinnings for minority protection. The
EU's existing competences do therefore play a key role in minority
protection. In order to support these conclusions, the book
undertakes a comprehensive examination of the impact of EU law on
minority rights protection. The book examines a broad range of the
EU's legal provisions and principles which may affect minority
protection, before undertaking in-depth analyses of the examples of
minority cultural rights and minority linguistic rights. In
addition, the final substantive chapter of the book contextualises
the impact of EU law within the perspective of the overall needs of
a specific group - the Roma minority. The concluding chapter draws
together the EU's contribution to minority rights. In short, the EU
can be seen as a promoter, but not a protector, of minority rights.
Although not ideal, especially from the perspective of minorities,
it is worth at least exploring such a view. Such an exploration
would enable the EU most easily to build upon its existing
competences and regulatory capacities. This book will be of
interest to lawyers and activists concerned with minority rights
and Roma rights protection within the EU. It will also be of
relevance to those interested in understanding the dynamics between
the EU and the international law community in overlapping areas of
rights protection, and exploring how this informs our perception of
the capacity of the EU to be a central actor in the field of rights
protection.
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