The Implementation of the ECRML in Slovakia under Construction: Structural Preconditions, External influence and Internal Obstacles

Abstract

In the early 1990s, the young Republic of Slovakia, fearing threats of devolution, embarked on an ethno-centric nation-state building, triggering a conflict structure between the majority and the minorities that can be illustrated in the game theoretic model of a ‘Pure conflict’. Even under these unfavourable structural conditions, EU conditionality prompted the state to fulfil the Copenhagen Criteria and to adopt the necessary European legislative package, but inducing formal changes in the legislative mainly. Before accession, the European Charter for Regional or Minority Language was also adopted, but appropriate measures necessary for its implementation did not implicitly follow. Nevertheless, medium-term effects show that due to the strong entrenchment with the international institutions involved, such as the European Council, social ties could be created. Consequently, social practice generated reciprocal collective meanings on minority language rights and proved to have a constitutive impact on Slovakia's identity profile in the post-accession period. However, externally induced progress has overlapped with the alternating political elites in power, dominated by populist and nationalistic rhetoric or moderate centre-right parties, finally hampering a more comprehensive implementation of Slovak minority language protection until today.

Key Words:

• Minority language rights
• conditionality
• implementation
• European Charter for Regional or Minority Languages
• Slovakia
• Pure conflict

Notes

As in the case of Slovakia, if a minority becomes part of the ruling government coalition, it becomes very likely that the minority issue will not be neglected.

Legal Country Study Slovakia (EURAC), p. 5.

These data are retrieved from Gramma (2006, p. 7), however the numbers do vary according to the source referred to.

Legal Country Study Slovakia, p. 8.

Ibid., p. 8.

Preamble of the Slovak Constitution: ‘We, the Slovak nation […].’

Slovak Constitution (Art. 34 (1))

The Treaty on Good Neighbourliness and Friendly Cooperation of 1995 specifies the rights of the Hungarian minority in Slovakia and those of the Slovak minority in Hungary. It comprises extensive rights, such as the right to use one's native language in private and public life and the right to participate in the official decision-making process. In the aftermath of the signature of the treaty, the bilateral relationship between the two states has fluctuated; it became most strained in 2009, when Slovakia released its State Language Act without Hungarian involvement, and in 2010, when Budapest decided to grant Hungarian citizenship to its kin minorities.

Ibid.

‘The 1998 elections led however to a new coalition government, including representatives of the Hungarian-speaking minority, and to a more positive approach to the protection of minority languages.’ (1st Report of the Committee of Experts, 2007, pp. 4–5).

The Council for National Minorities and Ethnic Groups is a governmental advisory and coordination body for the area of minority policy and for the implementation of the European Charter for Regional or Minority Languages.

Legal Country Study on Slovakia, p. 21; see also Györy, 2011, p. 5.