The protection of linguistic diversity through provisions of the EU Charter other than Article 22
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Bruno de Witte
Abstract
The value of linguistic diversity is addressed directly in Article 22 of the EU Charter of Fundamental Rights. However, other provisions of that Charter may also be relevant (and even more so than Article 22) for the effective protection of the linguistic rights and preferences of individuals across Europe. This chapter focuses in particular on the significance of Article 21 of the Charter which prohibits discrimination (by the European Union itself and by its Member States when they implement EU policies) on a number of grounds, including language. The concrete meaning of linguistic equality (and linguistic discrimination) is explored in a number of specific contexts of European law and policy. This analysis is preceded by a discussion of the language component of the right to good administration, which is included as a separate right in the Charter.
Abstract
The value of linguistic diversity is addressed directly in Article 22 of the EU Charter of Fundamental Rights. However, other provisions of that Charter may also be relevant (and even more so than Article 22) for the effective protection of the linguistic rights and preferences of individuals across Europe. This chapter focuses in particular on the significance of Article 21 of the Charter which prohibits discrimination (by the European Union itself and by its Member States when they implement EU policies) on a number of grounds, including language. The concrete meaning of linguistic equality (and linguistic discrimination) is explored in a number of specific contexts of European law and policy. This analysis is preceded by a discussion of the language component of the right to good administration, which is included as a separate right in the Charter.
Chapters in this book
- Prelim pages i
- Table of contents v
- Preface vii
- Introduction: Respecting linguistic diversity in the European Union 1
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Part 1. Factual and theoretical approaches
- Linguistic diversity as curse and as by-product 17
- Linguistic diversity in the European Union: An overview 47
- Principles of policy evaluation and their application to multilingualism in the European Union 73
- A one-dimensional diversity? European integration and the challenge of language policy 85
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Part 2. Protection of linguistic diversity in EU law
- Union citizenship and language rights 107
- EC law and minority language policy: Some recent developments 123
- The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights 145
- The protection of linguistic diversity through provisions of the EU Charter other than Article 22 175
- Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law? 191
- Appendix 231
- Contributors 261
- Index 265
Chapters in this book
- Prelim pages i
- Table of contents v
- Preface vii
- Introduction: Respecting linguistic diversity in the European Union 1
-
Part 1. Factual and theoretical approaches
- Linguistic diversity as curse and as by-product 17
- Linguistic diversity in the European Union: An overview 47
- Principles of policy evaluation and their application to multilingualism in the European Union 73
- A one-dimensional diversity? European integration and the challenge of language policy 85
-
Part 2. Protection of linguistic diversity in EU law
- Union citizenship and language rights 107
- EC law and minority language policy: Some recent developments 123
- The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights 145
- The protection of linguistic diversity through provisions of the EU Charter other than Article 22 175
- Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law? 191
- Appendix 231
- Contributors 261
- Index 265