Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Elaborating a Catalogue of Best Practices of Effective Participation of National Minorities: Review of the Opinions of the Advisory Committee Regarding Article 15 of the Council of Europe Framework Convention for the Protection of National Minorities

Elaborating a Catalogue of Best Practices of Effective Participation of National Minorities:... I. INTRODUCTION The 1995 Council of Europe Framework Convention for the Protection of National Minorities (hereinafter 'FCNM') is, as the name indicates, a framework convention which contains mostly programme-type provisions setting out objectives which states parties undertake to pursue through national legislation and appropriate governmental policies. This means, as set out in paragraph 11 of the Explanatory Memorandum to the FCNM, that these provisions, which are not directly applicable, leave the states concerned a measure of discretion in the implementation of the objectives.' As so many authors have criticized the FCNMZ and made the success of it depend on the monitoring of the imple- mentation by the Advisory Committee on the Framework Convention for the Protection of National Minorities (hereinafter ACFC'),3 it is interesting to see the extent to which the ACFC has proven its worth as an objective and independent expert body that is able to strike a fair balance between leaving states a margin of appreciation in this sensitive matter and setting the boundaries of the standards of interpretation of the FCNM. This article focuses on how the ACFC approaches its monitoring role regarding the implementation of Article 15 FCNM pertaining to the right to effective http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

Elaborating a Catalogue of Best Practices of Effective Participation of National Minorities: Review of the Opinions of the Advisory Committee Regarding Article 15 of the Council of Europe Framework Convention for the Protection of National Minorities

Loading next page...
 
/lp/brill/elaborating-a-catalogue-of-best-practices-of-effective-participation-0Vwidd8iv1
Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/221161103X00094
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION The 1995 Council of Europe Framework Convention for the Protection of National Minorities (hereinafter 'FCNM') is, as the name indicates, a framework convention which contains mostly programme-type provisions setting out objectives which states parties undertake to pursue through national legislation and appropriate governmental policies. This means, as set out in paragraph 11 of the Explanatory Memorandum to the FCNM, that these provisions, which are not directly applicable, leave the states concerned a measure of discretion in the implementation of the objectives.' As so many authors have criticized the FCNMZ and made the success of it depend on the monitoring of the imple- mentation by the Advisory Committee on the Framework Convention for the Protection of National Minorities (hereinafter ACFC'),3 it is interesting to see the extent to which the ACFC has proven its worth as an objective and independent expert body that is able to strike a fair balance between leaving states a margin of appreciation in this sensitive matter and setting the boundaries of the standards of interpretation of the FCNM. This article focuses on how the ACFC approaches its monitoring role regarding the implementation of Article 15 FCNM pertaining to the right to effective

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2002

There are no references for this article.