Minority Protection in the European Union: To Protect or Not to Protect?


INTERNATIONAL JOURNAL ON MINORITY AND GROUP RIGHTS, vol.26, no.1, pp.92-115, 2019 (ESCI) identifier identifier identifier


The foundation of European Integration is based on economic objectives from the beginning of the 1950s. The founding treaties did not include provisions regarding minority rights. Minority rights have been a foundational value since the entry into force of the Lisbon Treaty, but there is no legislation related to minority rights or internal minority policy at the European Union (EU) level, because of the absence of competence given to EU institutions. This study analyses how issues relating to minority protection are handled vis-a-vis internal market objectives under EU law in the light of primary, secondary and EU case-law. While determining the legal framework on minority rights in the EU, not only the impact of the case-law of the CJEU on minority protection, but also the possibility of the CJEU's power to establish an internal minority policy and the Member States' approaches to an internal minority policy have been taken into consideration.