The Article gives a general overview of the Hungarian constitutional and legal framework for the participation of national minorities in the decision-making. The relatively low number of people belonging to national minorities in Hungary as well as the scattered patterns of their settlement and some aspects of the Hungarian legal traditions underlie the choice of the so called personal autonomy approach. The minorities can establish via a special electing mechanism local and national self-governments enjoying consultative and truly public law type rule-making and administrative competences. Having given the proper interpretation of the relevant article of the Constitution, the Constitutional Court also contributed to the birth of the Act on the Rights of Minorities. The basic reason behind the creation of a very complicated, multilevel institutional complex is that in this way, educational and cultural needs of minorities of different scale can be represented in a relatively coherent manner. This does not exclude at all the possibility of bringing modifications to the legal text in the light of a decade's experience.
Authors:Oleksandra Kolohoida, Iryna Lukach, Valeriia Poiedynok, and Anastasiia Prokopiuk
due time, all developed corporate legal orders recognized the need of establishing a legal framework for buying out shares from minority shareholders in case of concentration of interest that, as a rule, exceeds 90%, at one person’s hands. Directive
1 INTRODUCTION For the Austro-Hungarian Monarchy and interwar Czechoslovakia, the national issue had an existential significance. These days they are referred to as national minorities but at the time of monarchy it might have been more appropriate
INTRODUCTION Bilateral agreements on the protection of the national minorities’ rights have existed for a long time in international law. 1 At the same time, their significance and role after the fall of the Berlin Wall have been particularly
The aim of this study is to draw
attention to national minorities as a group distinct from immigrants.
Additionally, it attempts to introduce a global perspective on national
minorities, specifically on Hungarians in Central Europe, where, instead of concentrating
on the respective countries separately, it adopts a comparative approach. As
there are no specific theories addressing the issue of national minorities from
the educational point of view, immigrant theories might be a useful starting
point. For example, Ogbu's categorization of minorities on the basis of
voluntariness (free will) allows us to distinguish between immigrants and
national minorities as two distinct categories. The applicability of Ogbu's
theory on national minorities gives us a good opportunity to test the utility
of his thesis in European context. Using empirical evidence from a nationally
representative survey carried out in the Carpathian Basin I find little support
for Ogbu's thesis. According to the data, there is a high discrepancy between
the autochthonous minorities examined in the study which questions the
possibility of generalisation of minorities based solely on voluntariness.
Additionally, the empirical analysis testing Ogbu's concept on the example of
Hungarians does not favour the thesis of oppositional culture. The Hungarian
national minority as an involuntary group is not significantly disadvantaged
with respect to educational attainment (with the exception of Slovakia). On the
contrary, they seem to catch up with the majority i.e. the gap between majority
and minority appears to be closing.
This article discusses the position of legal anthropology among the legal sciences and its interdisciplinary character through the example of the socio-legal studies of the Hungarian Roma minority. The first part illustrates the place of legal anthropology among the other legal and social disciplines, and its role in legal thinking, by the analysis of a practical question, “What can we do to improve the social position of the Hungarian Roma minority by legal means?” The second part considers the importance of legal anthropology in the Hungarian Roma studies, briefly sketching the characteristics of the ethnological, sociological and cultural anthropological approaches. Finally, the article surveys the insights gained from the socio-legal studies of the Hungarian Roma minority over the last two decades. It highlights the inspiring results of legal anthropological studies, and also the difficulties contemporary research has to face.
The Polish Constitution adopted on 2 April 1997, for the first time after the war, contains a provision dedicated exclusively to protecting national and ethnic minorities, however without a definition of those two categories. The legislator extended the rights of national and ethnic minorities beyond those identified in the Article 35. The extension of such rights also results from international agreements. Thus far there is no statute regulating in a comprehensive and complete manner the situation of national and ethnic minorities (the Constitution does not make its adoption mandatory), the legal regulations concerning these issues are dispersed. The problem of legal definition of the national minority appeared in connection with the initiative of the formal recognition of the Union of People of Silesian Minority. Its application has been rejected by Polish courts for the reason of non-existence of such a minority and for the attempt of abuse of the electoral privilege granted to national minorities. The Supreme Court's position has been confirmed by the Chamber and then by the Grand Chamber of the European Court of Human Rights. However the 2002 national census revealed a new phenomenon of the Silesian minority: 3% of the inhabitants of the region declared their affinity to Silesian nationality.
Oberwart ( Osuch, 2008 ). The authorities and the Oberwart community, wanting to help the Romani minority after the 1995 terrorist attack, in which four Romani were killed, opened a company employing over a dozen of Romani women. The company cooperated with
minority, while policy B considered it as a baunch of socially disadvantaged and marginalized group ( Forray & Kozma, 2012 ). We continue in this study what we raised earlier. We assume that both policies are present in our region, Central and Eastern