EU Minority Protection: A Modest Case for a Synergetic Approach

Amsterdam Law Forum, Vol. 3, pp. 33-53, 2011

21 Pages Posted: 21 Nov 2011

See all articles by Dimitry Kochenov

Dimitry Kochenov

University of Groningen - Faculty of Law

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Date Written: November 20, 2011

Abstract

In a stark contrast with the dominant minority-protection literature in the EU, this paper proposes a synergetic approach to minority protection in the Union, acknowledging that attempts to draw clear distinctions between different minority groups on the basis of a number of criteria can be profoundly unhelpful and is able to undermine the efforts to improve the lives of Europeans belonging to the most vulnerable groups. Such a synergetic approach provides a solid point of departure for the discussion of the problems in the area of minority protection that the EU is facing, which is the main focus of the paper. It is argued that theorizing minority protection can only result in the sound resolution of outstanding problems if unnecessary compartmentalization of the vulnerable groups is avoided.

Keywords: EU Law, Minortity protection, gays, ethnic, sexual, minorities, discrimination, federalism, internal market, human rights

Suggested Citation

Kochenov, Dimitry, EU Minority Protection: A Modest Case for a Synergetic Approach (November 20, 2011). Amsterdam Law Forum, Vol. 3, pp. 33-53, 2011. Available at SSRN: https://ssrn.com/abstract=1962325

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

Oude Kijk in 't Jatstraat 26
Groningen, 9712 EK
Netherlands

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