Expecting Too Much: European Union's Minority Protection Hide-and-Seek

1 Anti-Discrimination Law Review, 2017, pp. 1-52

University of Groningen Faculty of Law Research Paper 2016-22

52 Pages Posted: 15 Jun 2016 Last revised: 7 Mar 2018

Dimitry Kochenov

University of Groningen - Faculty of Law

Timofey Agarin

Queen's University Belfast

Date Written: June 13, 2016

Abstract

EU’s deference to the Member State approaches in minority protection can intensify the oppression of the vulnerable groups; its insistence on non-discrimination on the basis of nationality in the minority regions with special rights in place can equally produce injustice. Its inability to protect EU-wide minorities, like the Roma, is equally problematic. Although a ‘value’, with regard to many minority groups minority protection in the EU functions incoherently, if at all. It is time to recognise this and approach the EU as a highly specific minority protection arena not to be confused with its component parts – the Member States. The reform of the Member State-centred thinking should start at the level of approaching the core issues. It should include the assessment of such questions as what is a minority in the EU’s context of a missing majority, what is the appropriate depth of EU’s intervention in the area of minority protection, i.e. how much room for manœuvre should reasonably be left with the Member States without disrupting the effectiveness of EU’s regulation, as well as the approach to defining what a success in minority protection should be, in the EU context. The latter should be done, in particular, with due regard to the division of competences between the EU and the Member States in this and other relevant fields. This paper briefly explores a series of diverse case-studies – from migrant EU citizens, Baltic Russians, and sexual minorities to, most importantly, Roma rights to make the first attempt to test the proposed synergetic approach.

Keywords: minority protection, eu law, discrimination, citizenship, nationalism, roma, equality

Suggested Citation

Kochenov, Dimitry and Agarin, Timofey, Expecting Too Much: European Union's Minority Protection Hide-and-Seek (June 13, 2016). 1 Anti-Discrimination Law Review, 2017, pp. 1-52; University of Groningen Faculty of Law Research Paper 2016-22. Available at SSRN: https://ssrn.com/abstract=2795191

Dimitry Kochenov (Contact Author)

University of Groningen - Faculty of Law ( email )

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

Timofey Agarin

Queen's University Belfast ( email )

25 University Square
Belfast, BT7 1NN
Ireland

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