Overview

The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.

Full Product Details

Author:   Rainer Hofmann ,  Tove H. Malloy ,  Detlev Rein
Publisher:   Brill
Imprint:   Martinus Nijhoff
Weight:   0.749kg
ISBN:  

9789004339651

ISBN 10:   9004339655
Pages:   380
Publication Date:   22 February 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

Preface Abbreviations in the Commentaries Part 1: General Articles Introduction  Rainer Hofmann, Tove H. Malloy and Detlev Rein 1 Beyond Adhocism – Advancing Minority Rights through the United Nations  Antti Korkeakivi 2 The protection of minority rights by the European Union: the European Citizens’ Initiative as a test case  Gabriel N. Toggenburg Part 2: Commentaries article-by-article 3 Commentary of the Preamble of the Framework Convention for the Protection of National Minorities  Alan Phillips 4 Commentary of Article 1 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 5 Commentary of Article 2 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 6 Commentary of Article 3 of the Framework Convention for the Protection of National Minorities  Stéphanie Marsal and Francesco Palermo 7 Commentary of Article 4 of the Framework Convention for the Protection of National Minorities  Barbara Wilson 8 Commentary of Article 5 of the Framework Convention for the Protection of National Minorities  Petra Roter 9 Commentary of Article 6 of the Framework Convention for the Protection of National Minorities  Doris Angst 10 Commentary of Article 7 of the Framework Convention for the Protection of National Minorities  Anna Fontaine 11 Commentary of Article 8 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 12 Commentary of Article 9 of the Framework Convention for the Protection of National Minorities  Günther Rautz and Mahulena Hofmann 13 Commentary of Article 10 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 14 Commentary of Article 11 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 15 Commentary of Article 12 of the Framework Convention for the Protection of National Minorities  Sia Spiliopoulou Åkermark 16 Commentary of Article 13 of the Framework Convention for the Protection of National Minorities  Detlev Rein 17 Commentary of Article 14 of the Framework Convention for the Protection of National Minorities  Brigitta Busch 18 Commentary of Article 15 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 19 Commentary of Article 16 of the Framework Convention for the Protection of National Minorities  Tove H. Malloy 20 Commentary of Articles 17 and 18 of the Framework Convention for the Protection of National Minorities  Emma Lantschner 21 Commentary of Article 19 of the Framework Convention for the Protection of National Minorities  Rainer Hofmann 22 Commentary of Articles 20, 21, 22 and 23 of the Framework Convention for the Protection of National Minorities  Hans-Joachim Heintze 23 Commentary of Articles 24–26 of the Framework Convention for the Protection of National Minorities  Detlev Rein 24 Commentary of Article 27 of the Framework Convention for the Protection of National Minorities  Detlev Rein 25 Commentary of Article 28 of the Framework Convention for the Protection of National Minorities  Detlev Rein 26 Commentary of Article 29 of the Framework Convention for the Protection of National Minorities  Detlev Rein 27 Commentary of Article 30 of the Framework Convention for the Protection of National Minorities  Detlev Rein 28 Commentary of Article 31 of the Framework Convention for the Protection of National Minorities  Detlev Rein 29 Commentary of Article 32 of the Framework Convention for the Protection of National Minorities  Detlev Rein Bibliography fcnm Commentary

Reviews

The volume is a valuable snapshot of the monitoring work of the ACFC and a respectful analysis of the FCNM through the prism of the interpretations given by the ACFC throughout twenty years of practice. (...) The aim of the editors to support all stakeholders and beneficiaries in their work with the FCNM (p. XI) has been certainly fulfilled, with the remark that the volume addresses rather advanced readers, who already have background knowledge about the FCNM and the ACFC approach to minority protection. Ljubica Djordjevic, European Yearbook of Minority Issues, Volume 18 (2019).

""The volume is a valuable snapshot of the monitoring work of the ACFC and a respectful analysis of the FCNM through the prism of the interpretations given by the ACFC throughout twenty years of practice. (...) The aim of the editors “to support all stakeholders and beneficiaries in their work with the FCNM” (p. XI) has been certainly fulfilled, with the remark that the volume addresses rather advanced readers, who already have background knowledge about the FCNM and the ACFC approach to minority protection."" Ljubica Djordjević, European Yearbook of Minority Issues, Volume 18 (2019).

Author Information

Prof. Dr. Dr. Rainer Hofmann is Professor of Public Law, Public International Law and European Law at Goethe University, Frankfurt, and President of German Branch of the International Law Association. He was member in respect of Germany of the Advisory Committee on the Framework Convention for the Protection of National Minorities from 1998-2004 and from 2008-2012, serving as its President from 1998-2004 and from 2010-2012. He sits on the Executive and the Management Board of the EU Fundamental Rights Agency. Prof. Dr. Tove H. Malloy is Director at the European Centre for Minority Issues in Flensburg, Germany, Adjunct Professor at the Europa-Universität-Flensburg and member in respect of Denmark of the Advisory Committee on the Framework Convention for the Protection of National Minorities, where she also serves as Gender Equality Rapporteur. Dr. Detlev Rein is an independent researcher in the field of minority protection and member in respect of Germany of the Advisory Committee on the Framework Convention for the Protection of National Minorities. He served as Head of Division for national minorities and regional languages in Germany and European policy on minorities at the German Federal Ministry of the Interior.

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