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Title
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Linguistic diversity and administrative interactions in Belgium and Germany : a legal and empirical analysis
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Author
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Abstract
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| This empirical legal research looks into what occurs during interactions between civil servants and non-majoritarian language speakers, the reasons invoked to explain the language use in these contacts, and the needs formulated by the involved actors. When are languages other than the administrative language used in these interactions? In which situations are interpreters involved? What are the (legal) arguments and reasons invoked by the involved actors to justify their use of language? When is the use of other languages allowed or required from a legal perspective? This research focuses on the Sorbian minority and Turkish-speakers in Germany as well as on French- and Turkish-speakers in the Dutch language area of Belgium. This selection includes (potential) ‘old’ and ‘new’ minorities, which enjoy a different legal protection, for example, in light of the Framework Convention on the Protection of National Minorities. This research argues in favour of a minimum core stemming from general human rights that entails linguistic obligations if the right to life or physical integrity (Articles 2 and 8 ECHR) is at stake. These limited obligations within the international legal framework leave States a considerable legal discretion to develop their language policy regarding administrative interactions. The empirical findings show that the practice even under (strict) legal frameworks at the domestic level is not so rigorous or univocal. The interpretation of the legal framework by judicial and administrative supervising bodies already nuances the first impression of the applicable legal provisions. Subsequently, in practice, local language policies further soften or even replace these provisions with local approaches to language use in administrative interactions. During the actual interactions, there is often a perceived legal and a de facto discretion with and for the involved actors that generate the possibility of deviating from the prescribed norms. The discrepancy between the domestic legal framework and the practice leads to legal uncertainty and differential treatments. In light of requirements of the rule of law, this research claims that legislatures should create a framework to enhance legal clarity within the current multilingual realities. |
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Language
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English
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Publication
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Antwerp
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University of Antwerp, Faculty of Law
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2020
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Volume/pages
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654 p.
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Note
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:
Foblets, Marie-Claire [Supervisor]
:
Velaers, Jan [Supervisor]
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Full text (publisher's version - intranet only)
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