The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights
-
Xabier Arzoz
Abstract
This chapter offers a preliminary legal assessment of the conditions and limitations under which linguistic diversity is protected by Article 22 of the Charter of Fundamental Rights. It is argued that Article 22 is a minority protection clause, since it addresses the most basic protection needs of minorities. It is further argued that Article 22 provides cultural, religious and linguistic minorities with an enforceable right to non-interference on the part of the European Union in order to preserve their minority characteristics. This minimum form of protection is consistent with the weak formulation of Article 22.
Abstract
This chapter offers a preliminary legal assessment of the conditions and limitations under which linguistic diversity is protected by Article 22 of the Charter of Fundamental Rights. It is argued that Article 22 is a minority protection clause, since it addresses the most basic protection needs of minorities. It is further argued that Article 22 provides cultural, religious and linguistic minorities with an enforceable right to non-interference on the part of the European Union in order to preserve their minority characteristics. This minimum form of protection is consistent with the weak formulation of Article 22.
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
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
