HEИндивидуална стипендия2023–2025

MINOTEE · Minority Rights – Towards Effective European Enforcement

„Хоризонт Европа“ — Действия „Мария Склодовска-Кюри“

Период: 2023-09-01 → 2025-08-31
Финансиране от ЕС: 199 441 €
Участници: 1
Схема: HORIZON-TMA-MSCA-PF-EF

Линиите свързват координатора с партньорите.

Накратко на български

Колективните правни दावेве при малцинствата се анализират чрез обединяване на много отделни оплаквания в една процедура. Това помага да се разбере дали събирането на исканията засилва позицията на малцинствата срещу по-мощни опоненти.

Този кратък обзор е генериран от изкуствен интелект

Кратко обяснение, генерирано от езиков модел по текста на CORDIS. Оригиналът е по-долу.

Резултати накратко

Minority Rights – Towards Effective European Enforcement

MINOTEE studied the potential role of collective redress (a legal instrument that allows facilitated aggregation of claims in a single procedure) in the field of minority rights enforcement in Europe and in studying its impact with an approach from political science (ethnic bargaining theory) specifically designed to chart the success of minority claim-making and conducting the first systemic study of the potentials for minority rights. The research drew on two areas in particular: (1) There has been increased interest in collective enforcement in Europe, with the adoption of a collective redress instrument in EU consumer protection law or in thinking how to address large scale violations before the European Court of Human Rights (ECtHR) with the improvement of the pilot judgment system. The goals and logic of procedural combination of claims is applicable to the minority rights field: like in the case of environment or consumer protection, the idea is to gain leverage by lumping together dispersed claims against more powerful actors who would otherwise ride free on legal violations. (2) Models of ethnic bargaining study perceptions of relative power positions, including the effects of external actors and institutions. This makes the approach perfect for studying the possible impact of claims aggregation aided by European norm-setting. MINOTEE set out to assess if law, through aggregating claims, can support empowerment in minority rights mobilization.

Текст от CORDIS, на английски · Данни: CORDIS, © Европейски съюз

Цел на проекта

Ongoing crises like the return of war to Europe, economic hardships, and the illiberal challenge raise worries about minority-majority relations anew, while one can hardly expect the adoption of strong pro-minority reforms in the short run. Innovative solutions are needed that strengthen minority rights while remain politically realistic. MINOTEE builds on the trend that, faced with limits of current approaches to legal enforcement, European institutions have been experimenting with forms of collective redress. The logic and benefits of this type of remedy are relevant to guarantee minority rights, but its potential is understudied. I argue that more reliance on collective redress should ensure better enforcement and can work independently from major pro-minority reforms. By drawing from methods in legal studies and political science, MINOTEE would open up novel understandings of how opportunities shaped by ethnic bargaining positions and perceptions of power relations play out in legal procedures and beyond. Open-ended, this new approach should gauge the impacts of aggregation while delving into the actor-based dynamics that empower minorities against the lack of rights enforcement. The research will explore how collective enforcement shapes questions of representation and costs, improves evidence, triggers organization, builds agency. Building on insights from early cases of minority reparation, e.g. Holocaust cases, and seeking to develop solutions that are applicable for a range of minorities, the research will focus on a limited set of cases: Roma and Hungarian minorities in Slovakia, Hungary, and Romania will be studied, also allowing to assess how collective redress mechanisms can play out amid rule of law challenges. MINOTEE will develop proposals on how European institutions could adopt regulation on collective redress mechanisms to mark a leap in minority rights enforcement, ultimately promoting effectiveness in ways that are tangible in local settings.

Оригинален текст от CORDIS (на английски).

Участници

CEU GMBH · WienКоординаторАвстрия