219-7677
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John Benjamins Publishing Company
Marketing Department / Karin Plijnaar, Pieter Lamers
onix@benjamins.nl
201608250424
ONIX title feed
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Studies in World Language Problems
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Respecting Linguistic Diversity in the European Union
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Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
University of the Basque Country
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eng
279
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LAN009000
v.2006
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Sociolinguistics and Dialectology
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After the accession of ten new member-states in 2004, the number of official EU languages increased from eleven to twenty. In 2005, the Council of the European Union decided to expand the existing legal framework for Irish and for other languages, such as Basque, Catalan and Galician, which are official in all or part of the territory of a given member-state. On 1 January 2007 Bulgaria and Romania joined the EU, increasing the number of official EU languages still further. This book addresses the challenge of respecting linguistic diversity within the EU and is intended as an introduction to the issue for those not already familiar with EU law. It also provides an analysis of the potential of the Charter of Fundamental Rights of the European Union to enhance respect for linguistic diversity. Each chapter has been written by a recognised expert in the field. The appendices bring together the basic legal norms relating to linguistic diversity within EU institutions.
05
[...] this work provides valuable new insights and is a must for all those involved in the formulation or implementation of EU language policy.
Seán Ó Riain, Web Translation Unit, in DGTinfo No. 526 (2010)
05
[...] an important publication which provides valuable information and insights to sociolinguists interested in the challenges of linguistic diversity in Europe, particularly the protection of linguistic diversity in EU law.
Pia Lane, in the Journal of Sociolinguistics, Vol. 14:3 (2010)
05
A good primer on language rights in Europe and a valuable resource for anyone with an interest in European multilingualism.
Francis M. Hult, in Language Problems & Language Planning Vol. 33:3 (2009)
05
[...] il volume in commento fornirà ancora per molto tempo un'utilissima base di riflessione e di consultazione [...]
Francesco Palermo, in Diritto Pubblico Comparato ed Europeo, No. III (2008)
05
As the new Treaty slopes towards final ratification, and minds turn to the impact of the Charter of Fundamental Rights, it is not just lawyers or linguists who will seek answers, but a broad spectrum of those interested in European studies, and his book (which includes a helpful appendix setting out all relevant Treaty and other provisions) will be an important guide to the new environment.
Daithí Mac Síthigh, University of East Anglia, UK, in the Journal of Common Market Studies, Vol. 46:5 (2008)
05
[...] this is an appealing book and whoever is interested in the field at stake is well advised to purchase and read it. It brings together pieces by well known and widely recognised experts.
Gabriel von Toggenburg, European Academy, Bolzano, in European Law Review, Vol. 34 (2009)
05
[...] aquesta obra ofereix una visió prou completa dels diferents vessant que planteja el reconeixement de la diversitat lingüística, tant del context polític i social com, sobretot, del marc jurídic que en fa possible la defensa.
Ferran Armengol i Ferrer, Universitat Pompeu Fabra, Spain, in Revista de Llengua i Dret, No. 50 (2008)
05
Das Buch stellt einen wichtigen Beitrag zur laufenden Diskussion dar.
Max Doppelbauer, in Europa Ethnica, Heft 3-4 (2009)
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09
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Preface
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Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
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Introduction: Respecting linguistic diversity in the European Union
1
A01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
10
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JB code
wlp.2.03par
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Section header
3
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Part 1. Factual and theoretical approaches
10
01
JB code
wlp.2.04par
17
46
30
Article
4
01
Linguistic diversity as curse and as by-product
1
A01
Philippe Van Parijs
Parijs, Philippe Van
Philippe Van
Parijs
01
What is linguistic diversity? How can it be measured? Can the spreading of a lingua franca be expected to reduce it? And if so, does it matter? In an attempt to answer these questions, this paper first distinguishes the three dimensions of diversity – richness, evenness and distance – and describes the tension that is bound to arise between linguistic diversity in various senses and the promotion of multilingualism. It next distinguishes between the two levels of linguistic diversity – local and territorial – and describes the structural tension that tends to develop between local and territorial linguistic diversity. Against this background, it argues (a) that linguistic diversity, by itself, cannot plausibly be regarded as a good, all things considered, especially because of its negative impact on the prospects for economic solidarity; (b) that the erosion of local linguistic diversity should therefore be witnessed with equanimity; but (c) that territorial linguistic diversity will nonetheless need preserving as the by-product of a concern for the equal dignity of the identities closely associated with native languages.
10
01
JB code
wlp.2.05jua
47
72
26
Article
5
01
Linguistic diversity in the European Union: An overview
1
A01
Patxi Juaristi
Juaristi, Patxi
Patxi
Juaristi
2
A01
Timothy Reagan
Reagan, Timothy
Timothy
Reagan
3
A01
Humphrey Tonkin
Tonkin, Humphrey
Humphrey
Tonkin
01
An examination of the extent and diversity of languages in Europe and specifically in the European Union reveals that there are over sixty indigenous languages currently spoken in, and historically established in, the territory of the EU, along with almost thirty sign languages. The authors identify and briefly examine the spoken languages, with due attention to the difficulty of working with language statistics. European languages within the EU can be divided into three categories, based on the number of native speakers of a given language in the EU itself. The authors also compare European linguistic diversity with linguistic diversity worldwide, and present a brief overview of language policies in the EU with respect to the designation of official languages in various member states.
10
01
JB code
wlp.2.06gri
73
83
11
Article
6
01
Principles of policy evaluation and their application to multilingualism in the European Union
1
A01
François Grin
Grin, François
François
Grin
01
This policy analysis-based treatment of language choices in the European Union departs from usual approaches that stress educational, legal or political aspects, and attempts instead to develop an evaluative framework resting on the standard breakdowns of policy analysis, particularly the distinction between efficiency and fairness. The paper focuses on the narrower question of ensuring communication at reasonable cost in European institutions, and discusses the advantages and drawbacks of seven different models, or “language regimes”. It is shown that depending on the relative importance given to different criteria such as communicative speed, organisational simplicity, or inclusiveness, any of these models can be considered “best”. This general result points to the need to clarify policy goals, to beware of seemingly “obvious” solutions, and to develop language policies that combine different language regimes.
10
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JB code
wlp.2.07kra
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103
19
Article
7
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A one-dimensional diversity? European integration and the challenge of language policy
A
one-dimensional diversity? European integration and the challenge of language policy
1
A01
Peter A. Kraus
Kraus, Peter A.
Peter A.
Kraus
01
The article offers a critical assessment of the approach adopted by the European Union (EU) to dealing with linguistic diversity. On the one hand, the path to European integration has been marked from the beginning by an explicit commitment to protecting cultural and linguistic diversity. On the other hand, the credibility of this commitment suffers from the normative incoherence characterizing Europe’s actual institutional response to the challenges of multilingualism. To define rules which allow for a reflexive “processing” of diversity will not be possible without opening a proper political debate on the language issue in the context of European polity-building.
10
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JB code
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Section header
8
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Part 2. Protection of linguistic diversity in EU law
10
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JB code
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107
122
16
Article
9
01
Union citizenship and language rights
1
A01
Peter Hilpold
Hilpold, Peter
Peter
Hilpold
01
The concept of Union citizenship, officially introduced into European Community law in the Treaty of Maastricht, has evolved with breathtaking speed, transforming itself into an important instrument for the reconceptualization of the European Community legal order. The European Court of Justice (ECJ) judgment in <i>Bickel and Franz </i>(1998) touched on language rights. As the concept of citizenship came to be qualified as what the <i>Grzelzcyk </i>judgment (2001) called the “fundamental status of nationals of the Member States”, it seemed only a matter of time before the principle of linguistic diversity would be further buttressed by the concept of Union citizenship. Although in the <i>Kik </i>case the Court of First Instance (2001) and the ECJ (2003) did not take up this challenge, it seems very likely that the concept of Union citizenship will prove highly relevant to the protection of linguistic diversity within the European Union in the future.
10
01
JB code
wlp.2.10shu
123
143
21
Article
10
01
EC law and minority language policy: Some recent developments
1
A01
Niamh Nic Shuibhne
Shuibhne, Niamh Nic
Niamh Nic
Shuibhne
01
This contribution reviews the evolving legal framework that underpins language rules and practices in the European Union. It seeks to address EU language issues holistically, arguing in particular that concerns about the management of the official EU languages should not be divorced artificially from questions relating to minority languages. The development of the legal framework has, however, become increasingly fragmented, and this has problematic implications for both structural and substantive coherence. It is suggested that until and unless the legal foundations of EU language policy are carefully worked out, its continuing ad hoc construction will never deliver a more rational yet ideologically and legally sound EU language scheme.
10
01
JB code
wlp.2.11arz
145
173
29
Article
11
01
The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights
The
protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights
1
A01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
01
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.
10
01
JB code
wlp.2.12wit
175
190
16
Article
12
01
The protection of linguistic diversity through provisions of the EU Charter other than Article 22
The
protection of linguistic diversity through provisions of the EU Charter other than Article 22
1
A01
Bruno de Witte
Witte, Bruno de
Bruno de
Witte
01
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.
10
01
JB code
wlp.2.13mil
191
229
39
Miscellaneous
13
01
Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law?
1
A01
Antoni Milian-Massana
Milian-Massana, Antoni
Antoni
Milian-Massana
01
In the past several years some new features have been introduced to the rules governing the languages of the institutions of the European Union. These features principally affect two types of languages: languages whose status is recognised by the constitutions of the Member States on part of their territory; and languages which, in accordance with their constitutional order, enjoy official status in part of the territory of the Member States. This chapter deals with those features. Union recognition of any of those languages is rather limited and does not constitute the attribution of newly-coined institutional status that would add to the status of official language and working languages and languages of the Treaties. However, the merit of recognition consists, on the one hand, in the Union’s having distinguished between those languages and the other regional or minority languages, and on the other hand, in having created the embryo of a future new institutional status. In any case, the basis of the rules governing the languages of the Union, explained in synthesis in this text, remains unaltered.
10
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231
260
30
Miscellaneous
14
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Appendix
10
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JB code
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261
263
3
Miscellaneous
15
01
Contributors
10
01
JB code
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265
269
5
Miscellaneous
16
01
Index
02
JBENJAMINS
John Benjamins Publishing Company
01
John Benjamins Publishing Company
Amsterdam/Philadelphia
NL
04
20080109
2008
John Benjamins
02
WORLD
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15
9789027228338
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JB
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John Benjamins e-Platform
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jbe-platform.com
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WORLD
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105.00
EUR
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88.00
GBP
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158.00
USD
S
879005969
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John Benjamins Publishing Company
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JB code
WLP 2 Hb
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2007036244
BB
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WLP
02
1572-1183
Studies in World Language Problems
2
01
Respecting Linguistic Diversity in the European Union
01
wlp.2
01
https://benjamins.com
02
https://benjamins.com/catalog/wlp.2
1
B01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
University of the Basque Country
01
eng
279
viii
269
LAN009000
v.2006
CFB
2
24
JB Subject Scheme
LIN.FOR
Forensic & legal linguistics
24
JB Subject Scheme
LIN.LAPO
Language policy
24
JB Subject Scheme
LIN.BIL
Multilingualism
24
JB Subject Scheme
LIN.SOCIO
Sociolinguistics and Dialectology
06
01
After the accession of ten new member-states in 2004, the number of official EU languages increased from eleven to twenty. In 2005, the Council of the European Union decided to expand the existing legal framework for Irish and for other languages, such as Basque, Catalan and Galician, which are official in all or part of the territory of a given member-state. On 1 January 2007 Bulgaria and Romania joined the EU, increasing the number of official EU languages still further. This book addresses the challenge of respecting linguistic diversity within the EU and is intended as an introduction to the issue for those not already familiar with EU law. It also provides an analysis of the potential of the Charter of Fundamental Rights of the European Union to enhance respect for linguistic diversity. Each chapter has been written by a recognised expert in the field. The appendices bring together the basic legal norms relating to linguistic diversity within EU institutions.
05
[...] this work provides valuable new insights and is a must for all those involved in the formulation or implementation of EU language policy.
Seán Ó Riain, Web Translation Unit, in DGTinfo No. 526 (2010)
05
[...] an important publication which provides valuable information and insights to sociolinguists interested in the challenges of linguistic diversity in Europe, particularly the protection of linguistic diversity in EU law.
Pia Lane, in the Journal of Sociolinguistics, Vol. 14:3 (2010)
05
A good primer on language rights in Europe and a valuable resource for anyone with an interest in European multilingualism.
Francis M. Hult, in Language Problems & Language Planning Vol. 33:3 (2009)
05
[...] il volume in commento fornirà ancora per molto tempo un'utilissima base di riflessione e di consultazione [...]
Francesco Palermo, in Diritto Pubblico Comparato ed Europeo, No. III (2008)
05
As the new Treaty slopes towards final ratification, and minds turn to the impact of the Charter of Fundamental Rights, it is not just lawyers or linguists who will seek answers, but a broad spectrum of those interested in European studies, and his book (which includes a helpful appendix setting out all relevant Treaty and other provisions) will be an important guide to the new environment.
Daithí Mac Síthigh, University of East Anglia, UK, in the Journal of Common Market Studies, Vol. 46:5 (2008)
05
[...] this is an appealing book and whoever is interested in the field at stake is well advised to purchase and read it. It brings together pieces by well known and widely recognised experts.
Gabriel von Toggenburg, European Academy, Bolzano, in European Law Review, Vol. 34 (2009)
05
[...] aquesta obra ofereix una visió prou completa dels diferents vessant que planteja el reconeixement de la diversitat lingüística, tant del context polític i social com, sobretot, del marc jurídic que en fa possible la defensa.
Ferran Armengol i Ferrer, Universitat Pompeu Fabra, Spain, in Revista de Llengua i Dret, No. 50 (2008)
05
Das Buch stellt einen wichtigen Beitrag zur laufenden Diskussion dar.
Max Doppelbauer, in Europa Ethnica, Heft 3-4 (2009)
04
09
01
https://benjamins.com/covers/475/wlp.2.png
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03
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https://benjamins.com/covers/475_jpg/9789027228338.jpg
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vii
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Miscellaneous
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Preface
1
A01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
10
01
JB code
wlp.2.02arz
1
13
13
Miscellaneous
2
01
Introduction: Respecting linguistic diversity in the European Union
1
A01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
10
01
JB code
wlp.2.03par
15
1
Section header
3
01
Part 1. Factual and theoretical approaches
10
01
JB code
wlp.2.04par
17
46
30
Article
4
01
Linguistic diversity as curse and as by-product
1
A01
Philippe Van Parijs
Parijs, Philippe Van
Philippe Van
Parijs
01
What is linguistic diversity? How can it be measured? Can the spreading of a lingua franca be expected to reduce it? And if so, does it matter? In an attempt to answer these questions, this paper first distinguishes the three dimensions of diversity – richness, evenness and distance – and describes the tension that is bound to arise between linguistic diversity in various senses and the promotion of multilingualism. It next distinguishes between the two levels of linguistic diversity – local and territorial – and describes the structural tension that tends to develop between local and territorial linguistic diversity. Against this background, it argues (a) that linguistic diversity, by itself, cannot plausibly be regarded as a good, all things considered, especially because of its negative impact on the prospects for economic solidarity; (b) that the erosion of local linguistic diversity should therefore be witnessed with equanimity; but (c) that territorial linguistic diversity will nonetheless need preserving as the by-product of a concern for the equal dignity of the identities closely associated with native languages.
10
01
JB code
wlp.2.05jua
47
72
26
Article
5
01
Linguistic diversity in the European Union: An overview
1
A01
Patxi Juaristi
Juaristi, Patxi
Patxi
Juaristi
2
A01
Timothy Reagan
Reagan, Timothy
Timothy
Reagan
3
A01
Humphrey Tonkin
Tonkin, Humphrey
Humphrey
Tonkin
01
An examination of the extent and diversity of languages in Europe and specifically in the European Union reveals that there are over sixty indigenous languages currently spoken in, and historically established in, the territory of the EU, along with almost thirty sign languages. The authors identify and briefly examine the spoken languages, with due attention to the difficulty of working with language statistics. European languages within the EU can be divided into three categories, based on the number of native speakers of a given language in the EU itself. The authors also compare European linguistic diversity with linguistic diversity worldwide, and present a brief overview of language policies in the EU with respect to the designation of official languages in various member states.
10
01
JB code
wlp.2.06gri
73
83
11
Article
6
01
Principles of policy evaluation and their application to multilingualism in the European Union
1
A01
François Grin
Grin, François
François
Grin
01
This policy analysis-based treatment of language choices in the European Union departs from usual approaches that stress educational, legal or political aspects, and attempts instead to develop an evaluative framework resting on the standard breakdowns of policy analysis, particularly the distinction between efficiency and fairness. The paper focuses on the narrower question of ensuring communication at reasonable cost in European institutions, and discusses the advantages and drawbacks of seven different models, or “language regimes”. It is shown that depending on the relative importance given to different criteria such as communicative speed, organisational simplicity, or inclusiveness, any of these models can be considered “best”. This general result points to the need to clarify policy goals, to beware of seemingly “obvious” solutions, and to develop language policies that combine different language regimes.
10
01
JB code
wlp.2.07kra
85
103
19
Article
7
01
A one-dimensional diversity? European integration and the challenge of language policy
A
one-dimensional diversity? European integration and the challenge of language policy
1
A01
Peter A. Kraus
Kraus, Peter A.
Peter A.
Kraus
01
The article offers a critical assessment of the approach adopted by the European Union (EU) to dealing with linguistic diversity. On the one hand, the path to European integration has been marked from the beginning by an explicit commitment to protecting cultural and linguistic diversity. On the other hand, the credibility of this commitment suffers from the normative incoherence characterizing Europe’s actual institutional response to the challenges of multilingualism. To define rules which allow for a reflexive “processing” of diversity will not be possible without opening a proper political debate on the language issue in the context of European polity-building.
10
01
JB code
wlp.2.08par
105
1
Section header
8
01
Part 2. Protection of linguistic diversity in EU law
10
01
JB code
wlp.2.09hil
107
122
16
Article
9
01
Union citizenship and language rights
1
A01
Peter Hilpold
Hilpold, Peter
Peter
Hilpold
01
The concept of Union citizenship, officially introduced into European Community law in the Treaty of Maastricht, has evolved with breathtaking speed, transforming itself into an important instrument for the reconceptualization of the European Community legal order. The European Court of Justice (ECJ) judgment in <i>Bickel and Franz </i>(1998) touched on language rights. As the concept of citizenship came to be qualified as what the <i>Grzelzcyk </i>judgment (2001) called the “fundamental status of nationals of the Member States”, it seemed only a matter of time before the principle of linguistic diversity would be further buttressed by the concept of Union citizenship. Although in the <i>Kik </i>case the Court of First Instance (2001) and the ECJ (2003) did not take up this challenge, it seems very likely that the concept of Union citizenship will prove highly relevant to the protection of linguistic diversity within the European Union in the future.
10
01
JB code
wlp.2.10shu
123
143
21
Article
10
01
EC law and minority language policy: Some recent developments
1
A01
Niamh Nic Shuibhne
Shuibhne, Niamh Nic
Niamh Nic
Shuibhne
01
This contribution reviews the evolving legal framework that underpins language rules and practices in the European Union. It seeks to address EU language issues holistically, arguing in particular that concerns about the management of the official EU languages should not be divorced artificially from questions relating to minority languages. The development of the legal framework has, however, become increasingly fragmented, and this has problematic implications for both structural and substantive coherence. It is suggested that until and unless the legal foundations of EU language policy are carefully worked out, its continuing ad hoc construction will never deliver a more rational yet ideologically and legally sound EU language scheme.
10
01
JB code
wlp.2.11arz
145
173
29
Article
11
01
The protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights
The
protection of linguistic diversity through Article 22 of the Charter of Fundamental Rights
1
A01
Xabier Arzoz
Arzoz, Xabier
Xabier
Arzoz
01
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.
10
01
JB code
wlp.2.12wit
175
190
16
Article
12
01
The protection of linguistic diversity through provisions of the EU Charter other than Article 22
The
protection of linguistic diversity through provisions of the EU Charter other than Article 22
1
A01
Bruno de Witte
Witte, Bruno de
Bruno de
Witte
01
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.
10
01
JB code
wlp.2.13mil
191
229
39
Miscellaneous
13
01
Languages that are official in part of the territory of the Member States: Second-class languages or institutional recognition in EU law?
1
A01
Antoni Milian-Massana
Milian-Massana, Antoni
Antoni
Milian-Massana
01
In the past several years some new features have been introduced to the rules governing the languages of the institutions of the European Union. These features principally affect two types of languages: languages whose status is recognised by the constitutions of the Member States on part of their territory; and languages which, in accordance with their constitutional order, enjoy official status in part of the territory of the Member States. This chapter deals with those features. Union recognition of any of those languages is rather limited and does not constitute the attribution of newly-coined institutional status that would add to the status of official language and working languages and languages of the Treaties. However, the merit of recognition consists, on the one hand, in the Union’s having distinguished between those languages and the other regional or minority languages, and on the other hand, in having created the embryo of a future new institutional status. In any case, the basis of the rules governing the languages of the Union, explained in synthesis in this text, remains unaltered.
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260
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Miscellaneous
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Appendix
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Miscellaneous
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Contributors
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Miscellaneous
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Index
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JBENJAMINS
John Benjamins Publishing Company
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John Benjamins Publishing Company
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20080109
2008
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John Benjamins North America
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