National minority groups in post-Lisbon Europe : the presence of Europeanisation and transnational human rights in one policy field

摘要

This working paper explores the role of some recent components under the European Union legal and political aegis and its coexistence with the CoE, here approached as a potential advancement of the protection, promotion and preservation of national minority groups in European Union member states. Although the European Union has been slow in the development of clear competences on minority rights, several considerations pertinent to national minorities can be depicted across the European Union frameworks. The European Union treaty is committed to the safe guard of human rights and the respect for minorities in its ‘values article’ which are applicable under Community Action. This basis is further accompanied by other policy functions which stimulate action on the promotion and preservation of minority identities, in particular in the fields of language and culture. Such policies are prescribed in different degrees of European Union competences and modes of implementation, ranging between formal legal effects and informal political consequences, generating varied forms of Europeanization. At the same time, nearly all European Union member states are bound by additional transnational regulations on human and minority rights, such as those developed by the Council of Europe. This level of transnational human rights is gradually also becoming embodied into European Union structures, while already embodied by most European states’ constitutions. By taking account of some developments under each process, their interaction, but also coexistence, this paper aims to identify how Europeanization and transnational forces can help to construct and sustain a policy field, namely a national minority policy.