Palgrave Studies in European Union Politics

Transcription

1 Palgrave Studies in European Union Politics Edited by: Michelle Egan, American University USA, Neill Nugent, Manchester Metropolitan University, UK, William Paterson, University of Birmingham, UK Editorial Board: Christopher Hill, Cambridge, UK, Simon Hix, London School of Economics, UK, Mark Pollack, Temple University, USA, Kalypso Nicolaïdis, Oxford UK, Morten Egeberg, University of Oslo, Norway, Amy Verdun, University of Victoria, Canada, Claudio M. Radaelli, University of Exeter, UK, Frank Schimmelfennig, Swiss Federal Institute of Technology, Switzerland Following on the sustained success of the acclaimed European Union Series, which essentially publishes research-based textbooks, Palgrave Studies in European Union Politics publishes cutting edge research-driven monographs. The remit of the series is broadly defined, both in terms of subject and academic discipline. All topics of significance concerning the nature and operation of the European Union potentially fall within the scope of the series. The series is multidisciplinary to reflect the growing importance of the EU as a political, economic and social phenomenon. We will welcome submissions from the areas of political studies, international relations, political economy, public and social policy, economics, law and sociology. Submissions should be sent to Amy Lankester-Owen, Politics Publisher, a.lankester-owen@palgrave.com. Titles include: Ian Bache and Andrew Jordan (editors) THE EUROPEANIZATION OF BRITISH POLITICS Richard Balme and Brian Bridges (editors) EUROPE ASIA RELATIONS Building Multilateralisms Derek Beach and Colette Mazzucelli (editors) LEADERSHIP IN THE BIG BANGS OF EUROPEAN INTEGRATION Milena Büchs NEW GOVERNANCE IN EUROPEAN SOCIAL POLICY The Open Method of Coordination Dario Castiglione, Justus Schönlau, Chris Longman, Emanuela Lombardo, Nieves Pérez-Solórzano Borragán and Mirim Aziz CONSTITUTIONAL POLITICS IN THE EUROPEAN UNION The Convention Moment and its Aftermath Morten Egeberg (editor) MULTILEVEL UNION ADMINISTRATION The Transformation of Executive Politics in Europe Kevin Featherstone and Dimitris Papadimitriou THE LIMITS OF EUROPEANIZATION Reform Capacity and Policy Conflict in Greece Stefan Gänzle and Allen G. Sens (editors) THE CHANGING POLITICS OF EUROPEAN SECURITY Europe Alone? Isabelle Garzon REFORMING THE COMMON AGRICULTURAL POLICY History of a Paradigm Change

2 Heather Grabbe THE EU S TRANSFORMATIVE POWER Katie Verlin Laatikainen and Karen E. Smith (editors) THE EUROPEAN UNION AND THE UNITED NATIONS Intersecting Multilateralisms Esra LaGro and Knud Erik Jørgensen (editors) TURKEY AND THE EUROPEAN UNION Prospects for a Difficult Encounter Paul G. Lewis and Zdenka Mansfeldová (editors) THE EUROPEAN UNION AND PARTY POLITICS IN CENTRAL AND EASTERN EUROPE Hartmut Mayer and Henri Vogt (editors) A RESPONSIBLE EUROPE? Ethical Foundations of EU External Affairs Christoph O. Meyer, Ingo Linsenmann and Wolfgang Wessels (editors) ECONOMIC GOVERNMENT OF THE EU A Balance Sheet of New Modes of Policy Coordination Lauren M. McLaren IDENTITY, INTERESTS AND ATTITUDES TO EUROPEAN INTEGRATION Ingo Linsenmann, Chistoph O. Meyer and Wolfgang T. Wessels (editors) ECONOMIC GOVERNMENT OF THE EU A Balance Sheet of New Modes of Policy Coordination Daniel Naurin and Helen Wallace (editors) UNVEILING THE COUNCIL OF THE EUROPEAN UNION Games Governments Play in Brussels Frank Schimmelfennig, Stefan Engert and Heiko Knobel INTERNATIONAL SOCIALIZATION IN EUROPE European Organizations, Political Conditionality and Democratic Change Justus Schönlau DRAFTING THE EU CHARTER Angelos Sepos THE EUROPEANIZATION OF CYPRUS Polity, Policies and Politics Marc Weller, Denika Blacklock and Katherine Nobbs (editors) THE PROTECTION OF MINORITIES IN THE WIDER EUROPE Palgrave Studies in European Union Politics Series Standing Order ISBN (hardback) ISBN (paperback) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and one of the ISBNs quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England

3 The Protection of Minorities in the Wider Europe Edited by Marc Weller Denika Blacklock and Katherine Nobbs Published under the auspices of the European Centre for Minority Issues, Flensburg, Germany, and the Centre for International Constitutional Studies at the University of Cambridge

4 Editorial matter and selection Marc Weller, Denika Blacklock and Katherine Nobbs 2008 Individual chapters contributors 2008 Softcover reprint of the hardcover 1st edition All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act First published 2008 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number , of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin s Press LLC, 175 Fifth Avenue, New York, NY Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave and Macmillan are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN ISBN (ebook) DOI / This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data The protection of minorities in the wider Europe / [edited by] Marc Weller. p. cm. (Palgrave studies in European Union politics) Includes index. 1. Minorities Government policy Europe. 2. Minorities Legal status, laws, etc. Europe. I. Weller, M. (Marc) JV7590.P dc

5 Contents Notes on the Contributors Preface vii x Introduction: The Outlook for the Protection of Minorities in the Wider Europe 1 Marc Weller Part I The Evolution of Minority Governance in Europe 1 The Evolving Basis of European Norms of Minority Rights: Rights to Culture, Participation and Autonomy 11 Will Kymlicka 2 Collective Rights in the Context of EU Accession 42 Hans-Joachim Heintze 3 Forging Territorial Cohesion in Diversity: Are National Minorities Promoting Fourth-Level Integration? 54 Tove H. Malloy Part II European Mechanisms for the Management of Minority Majority Relations 4 A Remaining Share or a New Part? The EU s Role vis-à-vis Minorities after the Enlargement Decade 95 Gabriel von Toggenburg 5 The EU and the Management of Ethnic Conflict 128 Stefan Wolff and Annemarie Peen Rodt 6 The Enlargement of the European Union and the OSCE High Commissioner on National Minorities 154 Krzysztof Drzewicki 7 The Future of Minority Issues in the Council of Europe and the Organization for Security and Cooperation in Europe 171 Rainer Hofmann v

6 vi Contents Part III Minority Majority Relations in Practice in an Enlarged EU 8 Minority Protection in Central Europe and Accession to the EU 209 Wojciech Sadurski 9 Enlargement and Interethnic Power-Sharing Arrangements in Central and Eastern Europe 232 Martin Brusis 10 The Europeanization of Minority Majority Relations in the Greece Turkey Cyprus Triangle 251 Nathalie Tocci 11 The Effective Protection of Minorities in the Wider Europe: Counterbalancing the Security Track 276 Katherine Nobbs Index 289

7 Notes on the Contributors Denika Blacklock is Programme Analyst with the United Nations Development Programme in Kosovo. She holds a degree in International Conflict Analysis from the University of Kent, Canterbury. Previously, she worked with the European Centre for Minority Issues and the Slovak Institute for International Studies. Her technical and academic work to date has focused on the situation of minorities in transitional and post-conflict countries, with a special interest in institutional reform. Born and raised in Canada, she currently resides in Kosovo. Martin Brusis is Research Fellow at the Centre for Applied Policy Research, Ludwig-Maximilian University Munich. From 1992 to 1994 he was Research Assistant in a project on Institutionalization of Democratic Structures in Post-socialist Societies at the Institute of Eastern European Affairs, FU Berlin. Currently, the focus of his work is on minority issues in Central and Eastern Europe and on the integration of Central and Eastern European countries into the European Union. Krzysztof Drzewicki is Senior Legal Adviser to the OSCE High Commissioner on National Minorities. He holds an LLD in International Public Law, and served as Professor of the University of Gdańsk,Poland(on leave since 1997). He has written more than 90 scholarly contributions on the international protection of human rights and international humanitarian law. Hans-Joachim Heintze is Senior Researcher and Associate at the Institute for International Law of Peace and Armed Conflict at the Ruhr-Universität Bochum and President of the International Association for the Study of the World Refugee Problem (AWR). He has taught and lectured on humanitarian, human rights and international law around the world, and is the author of many specialized contributions on minority rights. Rainer Hofmann is Professor of International Law at the Johann Wolfgang Goethe University, Frankfurt am Main, Germany, and Director of the Walther-Schücking-Institute for International Law at the University of Kiel, Germany. He is also the former President of the Advisory Committee of the Council of Europe Framework Convention for the Protection of National Minorities; a Member of the Board of the European Centre for Minority Issues, Flensburg, Germany; and a Member of the Academic Advisory Board on International Law to the German Foreign Ministry. He has published extensively in the field of human and minority rights. vii

8 viii Notes on the Contributors Will Kymlicka is currently Canada Research Chair in Political Philosophy at Queen s University in Canada, and a visiting Professor in the Nationalism Studies programme at the Central European University in Budapest. His works have been translated into 30 languages. Since 2004 he has served as President of the American Society for Political and Legal Philosophy. Tove H. Malloy is Senior Researcher at the Institute for Minority Rights at the European Academy in Bolzen/Bolzano. She is an expert in political system design, and wrote her PhD thesis on human and minority rights in Europe. Previously, she taught part of the European Masters Degree in Human Rights and Democratization in Venice. Sheisalso an experienceddiplomatic practitioner. Katherine Nobbs is Research Associate and Publications Coordinator at the European Centre for Minority Issues in Flensburg, Germany. She holds an MPhil in International Relations from the University of Cambridge,a BA in Politics from the University of Nottingham and a Graduate Diploma in Law from the College of Law, Bloomsbury. Annemarie Peen Rodt is Research Associate and a doctoral candidate at Nottingham University, specializing in EU Common Foreign and Security Policy towards conflict prevention in the Western Balkans and the South Caucasus. She has worked for the HighRepresentative of the International Community in Peace Implementation in Bosnia-Herzegovina, in the Political Section of the Royal Danish Embassy in Sarajevo and with the European Commission Framework Six Project on Human and Minority Rights in the Life Cycles of Ethnic Conflicts. Wojciech Sadurski is Professor of Legal Philosophy in the Faculty of Law at the University of Sydney (currently on leave of absence), and Professor of Legal Theory in the Department of Law at the European University Institute in Florence (since September 1999). His research interests include: the philosophy of law, especially moral dimensions of law; theories of rights; freedom of expression; constitutional theory and comparative constitutionalism, notably post-communist constitutional law and constitutional theory; and constitutional aspects of enlargement of the EU. Nathalie Tocci is Marie Curie Fellow at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. She holds a PhD in International Relations from the London School of Economics. Her primary research expertise is on the enlargement of the EU, Turkey, Cyprus EU relations and relations with the Caucasus. Gabriel von Toggenburg is a Senior Researcher at the European Academy of Bolzano/Bozen responsible for European integration and European Community Law and former PhD researcher at the European University Institute,

9 Notes on the Contributors ix Florence. He currently heads the project PECEDE (Platform for an Enriching Culturally and Ethnically Diverse Europe) which focuses inter alia on the relationship between EU/EC law and minority protection. Marc Weller is Director of the European Centre for Minority Issues in Flensburg, Germany. His writings mainly focus on conflict management, issues of international law and minority rights. He has acted as a legal adviser to several governments and organizations, and has been a member of international peace processes. Dr Weller is a Reader in International Law at the University of Cambridge, and a Fellow of the Lauterpacht Research Centre for International Law and Hughes Hall. He is also the Director of the Carnegie Project on Resolving Self-determination Disputes through Complex Power-sharing, and of the Cambridge Rockefeller Project on Restoring an International Consensus of the Rules Governing the Use of Force. Stefan Wolff is Professor of Political Science at the University of Nottingham, UK, and Senior Non-resident Research Associate at the European Centre for Minority Issues. He holds an MPhil in Political Theory from Magdalene College, Cambridge, and a PhD in Political Science from the London School of Economics. He has written extensively on ethnic conflict and conflict resolution. Published works include Ethnic Conflict: A Global Perspective, and the conflict prevention handbook Power Sharing, Self-governance and Participation in Public Life. He is also the founding editor of the journal Ethnopolitics.

10 Preface This book asks whether we are moving towards an integrated system of legal provision for minorities in Europe. This development, while hesitant, is made necessary by the significant number of new members of the European Union. Many of these have a keen interest in seeing minority issues addressed. On the other hand, minority issues remain controversial and suspect to a number of traditional EU member states. It is therefore far from certain how the EU and other institutions in Europe will develop in this respect. The book considers the evolution of minority governance in Europe, before turning to the mechanisms and institutions available for this purpose. Finally, it addresses minority majority relations in practice in an enlarged Union, investigating the particular answers that have been found by the recent accession states to the challenges posed by ethnic diversity. This project originated in discussions held with many of the authors during a conference in Berlin. Further contributions were commissioned in the wake of those discussions in order to present a comprehensive picture of the issues that arise when considering the architecture for minority policies of the future. We are grateful to the original authors, and to those who have joined us in this venture subsequent to our initial discussions. In addition to the authors, our gratitude extends to those at the European Centre for Minority Issues who supported this project over a significant period. These include Colleen French, Adriana Nikolova, Heu Yee Leung, Janina Dill, Vladislav Michalcik, Stephanie Rehm and, especially, Katherine Nobbs. In addition, Matthew Ward has done a tremendous job in managing the copy-editing process. We also want to express our gratitude to Amy Lankester-Owen and Gemma D Arcy Hughes of Palgrave Macmillan Publishers who managed the publications process with a great deal of patience and professionalism. Flensburg MARC WELLER x