get PDF document - MIRIS

More documents

Recommendations

Info

As regards cross-border exchanges, a subject where the states have a tendency to appear more restrictive because they consider that it affects the central nucleus of their sovereign competencies and their territorial integrity, the Spanish Declaration accepted the two obligations provided for in Article 14, consisting in trying to conclude bilateral and multilateral agreements with states having territories where the same language as in the territories of the state is spoken, in order to foster contacts between citizens who use the same language; and to favour cooperation between substate communities of different states with a common language. The Spanish Declaration attached to the ratification device does not include anything in relation with the control measures of the fulfilment of the obligations assumed by reason of the European Charter. This is due to the fact that the control mechanism established in Part IV of the Charter and which implies the presentation of periodical reports is not optional, and even the possibility of reserving the application of this control mechanism is excluded from it. 5. Conclusions: The possibilities for application of the European Charter in Spain From what we have explained in this work we may conclude that the ratification of the European Charter for Minority Languages by Spain has basically been made to the highest degree as regards the assumption of obligations, with some remarkable exceptions in the field of university education and in that of the financing of the expenses that the use of regional or minority languages causes in the media. But we have to remember that, as most parliamentary groups that participated in the debate on the ratification of the European Charter expressed, it has never been understood as a means of enlarging the contents of linguistic rights established by the block of constitutionality and the different autonomic laws on linguistic normalisation. In fact, in other European states, the text of the Charter has been received much more coldly than in ours, from the usual French reticence to every conception that may alter the Jacobin-centralist conception of the state, to the curious German Declaration which 24
excludes languages such as Saxon, Sorbian or Frankish and exclusively focuses on linguistic varieties which belong to very small minorities. 45 It is in our state where the important political implications of linguistic debate have determined the inclusion of every official language protected and supported by the Statutes of Autonomy, attaining in almost every matter the highest degree of protection. It is true that we cannot expect an enlargement of the contents of linguistic rights by means of the European Charter for three main reasons: firstly, the nature of secondary right which International Law has in matters regarding the protection of rights, which appears as a law of minimums oriented towards the establishment of a minimum standard of protection, which, as an internationally assumed obligation, cannot be unilaterally reduced by means of modifications in state’s arrangements; secondly, given the laxity of its writing, because the obligations contained in the Charter are expressed in such a way that its imperative nature is reduced and leaves a wide margin for state optional decision; and thirdly, and fundamentally, because the contents of the European Charter are clearly surpassed by the specific linguistic legislations that each Autonomous Community has endowed itself with. The fact of not choosing the high range as regards university education and to simply have assumed the obligation of “fostering and/or authorising” university education in regional or minority languages, having recourse to the role of the state in relation with university centres presided by the principle of university autonomy, finds its explanation, among other things, in constitutional jurisprudence; the latter considered that university autonomy was being infringed in the judicial resolutions which “the compulsory use of the legal and official denomination of the Valencian language and idiom in the sphere of the University of Valencia” 45 “Les langues minoritarires au sens de la Charte européenne des langues régionales ou minoritaires en République fédérale d’Allemagne sont le danois, le haut sorabe, le bas sorabe, le frison septentrional et le frison saterois, ainsi que la langue rom des Sintis et Roms de nationalité allemande; la langue régionale au sens de la Charte en République fédérale d’Allemagne est le bas allemand.” (“Minority languages within the meaning of the European Charter for Regional or Minority Languages in the Federal Republic of Germany shall be Danish, Upper Sorbian, Lower Sorbian, North Frisian and Sater Frisian, and the Romany language of the German Sinti and Roma; a regional language within the meaning of the Charter in the Federal Republic shall be the Low German language.”) Vid, Liste des déclarations du traité nº 148, en Http://conventions.coe.int. 25
Page 1 and 2: [ The Ratification of Spain of the
Page 3 and 4: The approach from more cultural tha
Page 5 and 6: possibility of choosing between the
Page 7 and 8: specific language; however, the fun
Page 9 and 10: 2001, that the ratification device
Page 11 and 12: addition to that, in the government
Page 13 and 14: of the VI Term, it was worthwhile d
Page 15 and 16: Spain has to present to the Europea
Page 17 and 18: José Antonio Labordeta Subías, MP
Page 19 and 20: 4. The obligations assumed by Spain
Page 21 and 22: development of the proceedings in r
Page 23: same, it integrally accepted Articl
Page 27 and 28: official languages of the territory
Page 29 and 30: At any rate, the most important con
Page 31: it will need the support of the par

get PDF document - MIRIS

Create successful ePaper yourself

Delete template?

Save as template?