Within the course of the 1990s, several European Union (EU) Member States have adopted so-called “kin-minority laws”, granting preferential entry and residence rights to their co-ethnics abroad. This paper investigates the relationship between such kin-minority legislation and the Union acquis , in particular the prohibition of nationality discrimination and the Schengen rules. It provides for a comprehensive overview of kin-minority laws in Europe, comparing their scope of application, eligibility requirements and benefits granted. We argue that in the absence of Union competence in the area of minority protection, kin-minority laws provide crucial instruments in protecting ethnic minorities. At the same time, legislation granting favourable treatment to co-ethnics may be at odds with the strict Schengen regime and the principle of non-discrimination on grounds of nationality and/or ethnic origin. Even though EU law allows for positive discrimination under certain circumstances, a strict proportionality test applies. We argue that kin-minority provisions enacted by several Member States are questionable from an EU law perspective, illustrating the challenge to allow for the protection of ethnic minorities on the basis of national law whilst ensuring the coherency of the EU legal order.
International Journal on Minority and Group Rights – Brill
Published: Jan 1, 2012
Keywords: minority rights; kin-minorities; non-discrimination; Schengen acquis ; EU enlargement
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera