Volume 2, ISSUE2/2011 - Review of Applied Socio-Economic ...

Pag׀ 115 ISSN: 2247-6172ISSN-L: 2247-6172Review of Applied Socio- Economic Research(Issue 2/ 2011)URL: http://www.reaser.eue-mail: editors@reaser.euSection 3 states, “The enactment of the rights of citizens belonging to national minorities and ethnicgroups that are guaranteed in this Constitution must not be conducive to jeopardizing the sovereignty andterritorial integrity of the Slovak Republic or to discrimination against its other inhabitants”. This means minorityand ethnic groups may mobilize, but not for the purpose of pursuing separatist agendas, presenting acontradiction to the equality clause, Article 12, wherein, “No one must be harmed, preferred, or discriminatedagainst on these grounds [of which political beliefs are included].” The rights of political parties are limited in thatthey must conform to national sentiment. In fact, “The Slovak Constitution provides that the President is to berecalled for activities against sovereignty, and that national minorities may not jeopardize Slovakia's sovereignty”(Albi, 2005, p. 31). Even someone in the highest office, then, can be ousted for showing sympathy for redrawingthe borders along ethnic lines. Border insecurity presumably stems from desires to retain post-WWI territory.Finally, Title Nine, Transitory and Final Provisions, Article 152 (1), indicates, “Constitutional laws, laws and othergenerally binding legal regulations shall remain in force in the Slovak Republic unless they are in contradiction withthis Constitution. They can be amended and repealed by the appropriate authorities of the Slovak Republic”.Ambiguous rights and the weak amending formula suggest a need for further constitutional development beforelegal equality can be achieved.3.2. European Commission opinion on SlovakiaIn 1997, the European Commission published opinion reports on the progress of membership candidatecountries. After thorough research, these reports included benchmarks each country was required to meet as apre-condition to accession, specifically detailing the areas of each applicant’s barriers to accession for the aimed2004 benchmark. The opinions are measured against the Copenhagen criteria for membership outlined in thereport as follows:“The associated countries in Central and Eastern Europe that so desire shall becomemembers of the Union. Accession will take place as soon as a country is able toassume the obligations of membership by satisfying the economic and politicalconditions. Membership requires:- that the candidate country has achieved stability of institutions guaranteeingdemocracy, the rule of law, human rights and respect for and protection of minorities;- the existence of a functioning market economy, as well as the capacity to cope withcompetitive pressure and market forces within the Union;- the ability to take on the obligations of membership, including adherence to the aimsof political, economic and monetary union” (1997).Regarding the “Minority Rights and Protection of Minorities” section, Slovakia was performing poorly. Putsimply, the ill treatment of minorities in Slovakia presented the largest barrier to democratic consolidation(Gyurcsik and Satterwhite, 1996, p. 519). The Commission asserted,“Minorities are protected first of all by a number of international norms. In September 1995Slovakia ratified the Council of Europe’s framework convention on minorities. However, it hasnot subscribed to recommendation 1201 of the Parliamentary Assembly of the Council of Europewhich provides for the collective rights of minorities although without being legally binding.Following the signature in March1995 of a treaty of friendship and cooperation with Hungary, theSlovak Parliament accompanied ratification in March 1996 by two declarations denyingrecognition of based autonomous administrative structures” (1997).