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291. Enhancing Minority Governance in Romania. The Romanian Draft Law on the Status of National Minorities: Issues of Definition, NGO Status and Cultural Autonomy

Author:
Christopher Decker and Aidan McGarry
Publication Date:
05-2005
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
ECMI and the DRI organized the second event of the “Improving Inter-ethnic Relations through Enhanced Minority Governance” project on 17–19 March 2005 in Sinaia, Romania. The head and both deputy heads of the DRI attended the roundtable along with national minority members of the Romanian Parliament and representatives of the national minority organizations represented on the Council of National Minorities. There were two fundamental purposes for the meeting. One was to provide the group with background information on the three major issues that will feature in the draft law on the status of national minorities, namely: defining a national minority; the status of national minority organizations under Romanian law; and cultural autonomy. The second purpose was to facilitate dialogue between the national minorities and the government concerning these main issues to be addressed in the draft law, so as to allow the government to hear the concerns and wishes of the national minority groups. It was noted that this was the first time that national minorities have been able to have a forum to discuss a draft law before it was presented to parliament. This report seeks to provide an account of the presentations and discussions that took place during this meeting, including some of the theories and practicalities of differing forms of definition, laws concerning NGOs and political parties, and models of cultural autonomy used in European states.
Topic:
Ethnic Conflict, Human Rights, and Non-Governmental Organization
Political Geography:
Europe

292. Enhancing Minority Governance in Romania. Report on the Presentation on Cultural Autonomy to the Romanian Government

Author:
Christopher Decker
Publication Date:
03-2005
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
ECMI organized the first event of the “Improving Inter-Ethnic Relations through Enhanced Minority Governance” project on 3 February 2005 in Bucharest, Romania. The deputy prime minister, the head of the Department for Inter-ethnic Relations and four members of parliament attended the meeting. ECMI and two experts met with the group in the Government Building to discuss the issues surrounding cultural autonomy and the draft law on the status of national minorities. The purpose of the meeting was to provide the government with information concerning the issue of cultural autonomy for the draft law on the status of national minorities, which is currently being drafted by the Hungarian Democratic Union from Romania (UDMR) and the other 18 national minority parties represented in the Chamber of Deputies. This report seeks to provide an account of the presentations and discussions that took place during this meeting, including the theory and practicalities of cultural autonomy and the model of cultural autonomy used in Estonia.
Topic:
Demographics, Government, and Human Rights
Political Geography:
Europe, Estonia, and Romania

293. National Minority 'Regions' in the Enlarged European Union: Mobilizing for Third Level Politics?

Author:
Tove H. Malloy
Publication Date:
07-2005
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
The Laeken Declaration adopted by the European Council in December 2001 recognized, for the first time in European Union (EU) history, regions as potential co-architects of a new and more democratic EU. The Laeken Declaration also initiated the Convention to draft a new Constitution for Europe. The Constitution was negotiated during the Intergovernmental Conference and presented to the citizens of Europe in June 2004. On 29 October 2004, it was signed by heads of states and governments and sent to parliaments for ratifications and referenda. The Constitution provisions an expansion of the principle of subsidiarity affording greater influence to European citizens residing in self-administering and self-governing regions. Article III-270 of the Constitution will empower the Committee of the Regions (CoR) to petition the European Court of Justice (ECJ) on policy matters violating the principle of subsidiarity as laid out in the Constitution. This could become a substantial empowerment of European regions. Although most national minorities do not constitute designated European regions and the Constitution may not be ratified anytime in the near future, the envisaged empowerment of the CoR may nevertheless contribute to a redefinition of the national minority political space. With some of the new members and accession states representing 'regions' of strong national minority identities, the EU may be facing new challenges of integrating diversity. The influence of national minorities in the decision-making processes may therefore assume relevance in the enlarged EU.
Topic:
Demographics, Human Rights, and Politics
Political Geography:
Europe

294. Turkey's Reform Effort Reconsidered, 1987-2004

Author:
Kivanç Ulusoy
Publication Date:
10-2005
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
This article aims to develop a coherent explanation of the impact of the EU on Turkey's politics between 1987 (the year Turkey applied for EU membership) and 2004, providing a more profound analysis of Turkish political transformation within the framework of its relations with the EU. It integrates Moravcsiks' work on the human rights regime in post-war Europe with Risse's theory on communicative action in world politics to provide an alternative explanatory framework for recent political transformation in Turkey. It will be argued that the main dynamics driving recent democratisation in Turkey were its newfound location within the European human rights regime—a result of having been granted the right to individual petition to the European Court of Human Rights just before its 1987 membership application—and the increasing power of European argument as an alternative way of resolving domestic political conflicts in Turkey.
Topic:
Development, Human Rights, and Politics
Political Geography:
Europe and Turkey

295. A Coordinated Approach to Regulation and Civil Liability in European Law: Rethinking Institutional Complementarities

Author:
Fabrizio Cafaggi
Publication Date:
09-2005
Content Type:
Working Paper
Institution:
European Research Papers Archive
Abstract:
Civil liability is a much older regulatory device than administrative regulation. The emergence of a regulatory state is a relatively new phenomenon. Within regulatory States different modes of regulation and administrative tools have developed, including the extensive use of the private law.
Topic:
Civil Society, Development, and Human Rights
Political Geography:
Europe

296. Chechnya Weekly: Volume 6, Issue 12

Publication Date:
03-2005
Content Type:
Policy Brief
Institution:
North Caucasus Weekly (formerly Chechnya Weekly), The Jamestown Foundation
Abstract:
A roundtable on Chechnya was held in Strasbourg under the auspices of the Parliamentary Assembly of the Council of Europe on March 21. The meeting, which was organized by Swiss parliamentarian Andreas Gross—with, according to Kommersant, “active help” from Russia's State Duma and presidential administration—went off “according to the Russian scenario,” Kommersant correspondent Alla Barakhova reported in the newspaper's March 22 edition.
Topic:
Security, Ethnic Conflict, Human Rights, Islam, and Terrorism
Political Geography:
Russia, Europe, Asia, and Chechnya

297. Settlers, Refugees, and Immigrants: Alternative Futures for Post-Settlement Cyprus

Author:
Neophystos G. Loizides and Marcos A. Antoniades
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
Belfer Center for Science and International Affairs, Harvard University
Abstract:
The central theme of this article is the introduction of scenario planning in the negotiation of the settler, refugee, and immigration issues in Cyprus and other divided societies. While advocating support for the United Nations Plan for the Comprehensive Settlement of the Cyprus Question (the .Annan Plan.), the article proposes alternative ways of linking its immigrant, Turkish settler and Greek Cypriot (GC) refugee quotas. The Turkish Cypriot (TC) community is provided with a choice between a community-homogeneous future with fewer settlers and refugees, and a multicultural one with more of each. Subsequently, an explicit link is made between the numbers of the Greek Cypriot refugees and those of the Turkish settlers, immigrants, and TC émigrés. This paper argues that a TC constituent state which accommodates more of the latter should also be in a position to welcome more GCs under a low percentage of the TC population: a potentially win-win situation. Finally, we address the scenario in which TCs opt for a multicultural future but GC refugees do not actually resettle, with a safeguard provision that compensates the GC side in another issue such as security, government, or even territory. By compensating possible losses in one area with favorable readjustments in another, these safeguards eliminate worst case scenarios for both sides, preserve the initial balance of the negotiated settlement, and maximize the negotiability and credibility of the Annan Plan. At the same time, the settler, refugee, and immigration issues are linked in new and innovative ways to emphasize a better human rights environment for all.
Topic:
International Relations, Human Rights, and Migration
Political Geography:
Europe

298. Discourse of Silence in Alcanfor and "Te deix, amor, la mar com a penyora"

Author:
Kathleen M. Glenn
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
Contemporary Spanish literature abounds in narratives where silence has an important function. In the fiction of Cristina Fernández Cubas it has epistemological implications. Mercè Rodoreda and Maria Barbal employ a rhetoric of silence to call attention to the situation of women who are obliged to remain silent and suffer without protest. Carme Riera and Dulce Chacón utilize silences, and acts of breaking silence, to emphasize the lack of voice of marginal beings and to highlight sexual, socioeconomic and political inequalities. In the present paper, I focus on the role of silence in a novel by Barbal and a story by Riera.
Topic:
Conflict Resolution, Gender Issues, and Human Rights
Political Geography:
Europe and Cuba

299. Women Writing on Physical Culture in Pre-Civil War Catalonia

Author:
P. Louise Johnson
Publication Date:
03-2004
Content Type:
Working Paper
Institution:
Institute of European Studies (IES), UC Berkeley
Abstract:
Anna Maria Martínez-Sagi is a largely forgotten but immensely evocative voice in the liberal-progressive press of nineteen-thirties' Spain. In particular, she is remarkable for being one of very few female writers of the time who were also active sportswomen, as well as being fiercely Catalanist and pro-women, in an inclusive sense. This article looks at her contribution to the debate on physical culture in Catalonia at the time, with reference to other writers concerned with the subject, and aims to capture in some small way the energy and humour which characterized her columns and reports.
Topic:
Education, Gender Issues, and Human Rights
Political Geography:
Europe, Spain, and Catalonia

300. What Constitutions Can Do (But Courts Sometimes Don't):Property, Speech, and The Influence of Constitutional Norms on Private Law

Author:
Oliver Gerstenberg
Publication Date:
05-2004
Content Type:
Working Paper
Institution:
Minda de Gunzburg Center for European Studies, Harvard University
Abstract:
Against the background of the ECtHR's recent decision in Appleby v UK (a European “counterpart” to the well-known US Supreme Court decision in Marsh v Alabama) the paper addresses, first, the issue of the influence, often perceived as dilemmatic, of human rights norms and constitutional norms on private law. In a second step, then, the paper discusses the promise—and a possible dilemma—of “comparative constitutionalism” as an engine of a more denationalized “constitutional patriotism”: the dilemma that we trade the “closure” of domestic exceptionalism against the new, systemic “closure” of “too much” judicial comity and professionalism, the closure of a new Juristenrecht.
Topic:
Human Rights and International Law
Political Geography:
United States, United Kingdom, and Europe