The publishing house “Berliner Wissenschafts-Verlag”, the editors and the members of the scientif... more The publishing house “Berliner Wissenschafts-Verlag”, the editors and the members of the scientific advisory board of the Europaisches Journal fur Minderheitenfragen/European Journal on Minority Issues (EJM) mourn the death of Franz Matscher, founding editor of this journal, who passed away in Vienna on 18 February 2021. The following article briefly traces the life of the deceased and pays tribute to his personality and extensive achievements, also in the context of the EJM. Franz Matscher made an international name for himself in his functions as diplomat, professor and judge, whereby questions of human and minority rights were not only part of his profession for him, a native of South Tyrol, but above all a vocation. With him, the EJM has lost a “comrade-in-arms” who shaped and accompanied the emergence, the path and the success of this scientific journal from the very first minute, earning the special esteem of the entire EJM team. The EJM and the people behind this journal will keep Franz Matscher, the ambassador for human and minority rights and mentor and promoter of the EJM, in grateful and honorable memory.
In January 2018, Christoph Pan, university teacher, longtime managing director and honorary presi... more In January 2018, Christoph Pan, university teacher, longtime managing director and honorary president of the South Tyrolean Institute of Ethnic Groups (Sudtiroler Volksgruppen-Institut), and co-editor of the EJM, celebrated his 80th birthday. The name Christoph Pan is inseparably linked to the issue of minority protection in Europe. By introducing this special issue of the EJM dedicated to him, the author, who was able to work with him for 20 years (including 14 years as his deputy), traces the career and merits of the Jubilee. Her description shows how much he shaped and contributed to the institute founded in 1960 under the name of South Tyrolean Economic and Social Institute (Sudtiroler Wirtschafts- und Sozialinstitut) – and what factors have made Christoph Pan an internationally recognized and deserving minority expert, and one of the pioneers of minority protection in the new Europe since 1989.
... Privatschulen konnten bisher nur dann gefördert werden, wenn der Unterricht in der Staatsspra... more ... Privatschulen konnten bisher nur dann gefördert werden, wenn der Unterricht in der Staatssprache erfolgte (Art 59 Abs 2 ... Minderheitenschulen können zwischen diesen Modellen wählen oder eigene Programme entwickeln (Latvian Ministry of Foreign Affairs 2001a: 4). 58 ...
... Vgl auch Art 68 Abs 2 des Staatsver-trags von St. Germain. 31 Hinzu kommen spezielle soziale ... more ... Vgl auch Art 68 Abs 2 des Staatsver-trags von St. Germain. 31 Hinzu kommen spezielle soziale Fördermaßnahmen zugunsten von Roma-Kin-dern, Austria Report 2000: 30. 358 Beate Sibylle Pfeil Page 5. Minderheitenrechte in Österreich 359 ...
SummaryOn 20 September 2007, the Slovak Parliament declared the so-called Benes Decrees passed by... more SummaryOn 20 September 2007, the Slovak Parliament declared the so-called Benes Decrees passed by former Czechoslovak President Edvard Benes "inviolable and untouchable". The Decrees include those ones that formed a legal basis for the collective disenfranchisement, expropriation and expulsion of persons of German and Hungarian origin after World War II. In this context, 42 members of the Parliamentary Assembly of the Council of Europe belonging to the four strongest political groups and coming from 22 different states started an initiative aiming at the "eradication of discrimination based on the principle of 'collective guilt' in Europe" (Motion for a resolution presented by M. de PUIG and others, Doc. 11409, 3 October 2007). The deputies are convinced that the principle of "collective guilt" contained in several legal regulations adopted after World War II "clearly contradict" the basic principles of the Council of Europe, inter alia the European Convention on Human Rights and the Framework Convention for the Protection of National Minorities. Hopefully the initiative will be successful – not to take certain historical happenings out of their context, but to "put teeth into" the universal principles of international law and the rule of law in Europe.
Europäisches Journal für Minderheitenfragen, Nov 18, 2011
This article is meant to be an introduction to the Cornish National Minority Report 2, which was ... more This article is meant to be an introduction to the Cornish National Minority Report 2, which was published in 2011 and whose contents have been printed almost in full in the EJM. At the same time, this article uses the case of Cornwall to highlight how the Council of Europe Framework Convention for the Protection of National Minorities, which falls short of defining the term “national minority”, may nevertheless provide valuable political and verbal support to those minorities in Europe which are peacefully striving for recognition.
Europäisches Journal für Minderheitenfragen, Mar 1, 2010
Vorwort der Redaktion Was ist "Rechtswissenschaft" und was kann diese zur "Lösung" der Minderheit... more Vorwort der Redaktion Was ist "Rechtswissenschaft" und was kann diese zur "Lösung" der Minderheitenfrage beitragen? Iuris prudentia est divinarum atque humanarum rerum notitia, iusti atque iniusti scientia. [Rechtswissenschaft ist die Kenntnis der menschlichen und göttlichen Dinge, die Wissenschaft vom Gerechten und Ungerechten.]
SummaryRecommendation 1811 (2007) titled "Regionalisation in Europe" which was adopted ... more SummaryRecommendation 1811 (2007) titled "Regionalisation in Europe" which was adopted by the Parliamentary Assembly of the Council of Europe (PACE) on 3 October 2007 explicitly supports the project of a "Charter of Regional Democracy" (formerly "Charter of Regional Self-Government") of the Congress of Local and Regional Authorities of the Council of Europe. It furthermore calls on the Committee of Ministers to recommend that the Council of Europe member states "make firm progress towards … a regional system as a sub-state level of governance…" and on the European Union to strengthen the institutional and decision-taking role of the regions. The PACE recommendation means a seemingly small but actually important step towards a Europe of democratic balance and a Europe respecting minorities – and thus towards a more stable Europe.
Europäisches Journal für Minderheitenfragen, Jun 1, 2010
Summary Whereas the European Charter of Local Self-Government has been adopted as early as 1985 ... more Summary Whereas the European Charter of Local Self-Government has been adopted as early as 1985 and has entered into force in 1988, the project of a European Charter of Regional Self-Government, recently labelled "European Charter of Regional Democracy", has not proved to be successful to date. The first draft of such a Charter drawn up by the Congress of Local and
The publishing house “Berliner Wissenschafts-Verlag”, the editors and the members of the scientif... more The publishing house “Berliner Wissenschafts-Verlag”, the editors and the members of the scientific advisory board of the Europaisches Journal fur Minderheitenfragen/European Journal on Minority Issues (EJM) mourn the death of Franz Matscher, founding editor of this journal, who passed away in Vienna on 18 February 2021. The following article briefly traces the life of the deceased and pays tribute to his personality and extensive achievements, also in the context of the EJM. Franz Matscher made an international name for himself in his functions as diplomat, professor and judge, whereby questions of human and minority rights were not only part of his profession for him, a native of South Tyrol, but above all a vocation. With him, the EJM has lost a “comrade-in-arms” who shaped and accompanied the emergence, the path and the success of this scientific journal from the very first minute, earning the special esteem of the entire EJM team. The EJM and the people behind this journal will keep Franz Matscher, the ambassador for human and minority rights and mentor and promoter of the EJM, in grateful and honorable memory.
In January 2018, Christoph Pan, university teacher, longtime managing director and honorary presi... more In January 2018, Christoph Pan, university teacher, longtime managing director and honorary president of the South Tyrolean Institute of Ethnic Groups (Sudtiroler Volksgruppen-Institut), and co-editor of the EJM, celebrated his 80th birthday. The name Christoph Pan is inseparably linked to the issue of minority protection in Europe. By introducing this special issue of the EJM dedicated to him, the author, who was able to work with him for 20 years (including 14 years as his deputy), traces the career and merits of the Jubilee. Her description shows how much he shaped and contributed to the institute founded in 1960 under the name of South Tyrolean Economic and Social Institute (Sudtiroler Wirtschafts- und Sozialinstitut) – and what factors have made Christoph Pan an internationally recognized and deserving minority expert, and one of the pioneers of minority protection in the new Europe since 1989.
... Privatschulen konnten bisher nur dann gefördert werden, wenn der Unterricht in der Staatsspra... more ... Privatschulen konnten bisher nur dann gefördert werden, wenn der Unterricht in der Staatssprache erfolgte (Art 59 Abs 2 ... Minderheitenschulen können zwischen diesen Modellen wählen oder eigene Programme entwickeln (Latvian Ministry of Foreign Affairs 2001a: 4). 58 ...
... Vgl auch Art 68 Abs 2 des Staatsver-trags von St. Germain. 31 Hinzu kommen spezielle soziale ... more ... Vgl auch Art 68 Abs 2 des Staatsver-trags von St. Germain. 31 Hinzu kommen spezielle soziale Fördermaßnahmen zugunsten von Roma-Kin-dern, Austria Report 2000: 30. 358 Beate Sibylle Pfeil Page 5. Minderheitenrechte in Österreich 359 ...
SummaryOn 20 September 2007, the Slovak Parliament declared the so-called Benes Decrees passed by... more SummaryOn 20 September 2007, the Slovak Parliament declared the so-called Benes Decrees passed by former Czechoslovak President Edvard Benes "inviolable and untouchable". The Decrees include those ones that formed a legal basis for the collective disenfranchisement, expropriation and expulsion of persons of German and Hungarian origin after World War II. In this context, 42 members of the Parliamentary Assembly of the Council of Europe belonging to the four strongest political groups and coming from 22 different states started an initiative aiming at the "eradication of discrimination based on the principle of 'collective guilt' in Europe" (Motion for a resolution presented by M. de PUIG and others, Doc. 11409, 3 October 2007). The deputies are convinced that the principle of "collective guilt" contained in several legal regulations adopted after World War II "clearly contradict" the basic principles of the Council of Europe, inter alia the European Convention on Human Rights and the Framework Convention for the Protection of National Minorities. Hopefully the initiative will be successful – not to take certain historical happenings out of their context, but to "put teeth into" the universal principles of international law and the rule of law in Europe.
Europäisches Journal für Minderheitenfragen, Nov 18, 2011
This article is meant to be an introduction to the Cornish National Minority Report 2, which was ... more This article is meant to be an introduction to the Cornish National Minority Report 2, which was published in 2011 and whose contents have been printed almost in full in the EJM. At the same time, this article uses the case of Cornwall to highlight how the Council of Europe Framework Convention for the Protection of National Minorities, which falls short of defining the term “national minority”, may nevertheless provide valuable political and verbal support to those minorities in Europe which are peacefully striving for recognition.
Europäisches Journal für Minderheitenfragen, Mar 1, 2010
Vorwort der Redaktion Was ist "Rechtswissenschaft" und was kann diese zur "Lösung" der Minderheit... more Vorwort der Redaktion Was ist "Rechtswissenschaft" und was kann diese zur "Lösung" der Minderheitenfrage beitragen? Iuris prudentia est divinarum atque humanarum rerum notitia, iusti atque iniusti scientia. [Rechtswissenschaft ist die Kenntnis der menschlichen und göttlichen Dinge, die Wissenschaft vom Gerechten und Ungerechten.]
SummaryRecommendation 1811 (2007) titled "Regionalisation in Europe" which was adopted ... more SummaryRecommendation 1811 (2007) titled "Regionalisation in Europe" which was adopted by the Parliamentary Assembly of the Council of Europe (PACE) on 3 October 2007 explicitly supports the project of a "Charter of Regional Democracy" (formerly "Charter of Regional Self-Government") of the Congress of Local and Regional Authorities of the Council of Europe. It furthermore calls on the Committee of Ministers to recommend that the Council of Europe member states "make firm progress towards … a regional system as a sub-state level of governance…" and on the European Union to strengthen the institutional and decision-taking role of the regions. The PACE recommendation means a seemingly small but actually important step towards a Europe of democratic balance and a Europe respecting minorities – and thus towards a more stable Europe.
Europäisches Journal für Minderheitenfragen, Jun 1, 2010
Summary Whereas the European Charter of Local Self-Government has been adopted as early as 1985 ... more Summary Whereas the European Charter of Local Self-Government has been adopted as early as 1985 and has entered into force in 1988, the project of a European Charter of Regional Self-Government, recently labelled "European Charter of Regional Democracy", has not proved to be successful to date. The first draft of such a Charter drawn up by the Congress of Local and
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