Sir,

Regarding ‘The Slovak-Hungarian dispute over Slovakia’s language law’:

In a recent study analysing the type of modifications expected in the Act on the State Language of the Slovak Republic by international organisations, Istvan Andras Türke, a doctor of the Sorbonne and director of the Europa Varietas Insititute, writes that “the future of European minority protection could depend on how OSCE High Commissioner on National Minorities Knut Vollebaek might respond to changes in the present situation” in Slovakia.

The Slovak State Language Law, since it was amended this summer, has been widely discussed even in a European context. Owing to this criticism, specifically from the Organisation for Security and Co-operation in Europe (OSCE), the implementation regulations for the law that came into force in July 2009 only became operative in January 2010.

In his study, Istvan Andras Türke emphasises the significance of serious setbacks that might emerge not only on the Hungarian-Slovak but also on the European level if the implementation regulations and the law remain as they are now.

“Following his criticism in June, Knut Vollebaek, the High Commissioner on National Minorities at the Organisation for Security and Co-operation in Europe, has shown his January satisfaction towards the yet-evolved amendments by the Slovak government and the legal service, although according to several experts the Slovak party sort of ignored the majority of the commissioner’s proposals,” says Türke.

According to the director of the Europa Varietas Insitute, the investigation of the European Commission’s Legal Service also announced that the Slovak regulation contradicts European Union directives.

In his research, Türke highlights the concern of the Commission’s Legal Service that the implementation regulations of the Language Act were compiled on an erroneous level as the government decree should be in the proper legal form (Article 17.)

The Service alleges that even the Act in itself has to be also modified because “it cannot infringe the Minority Rights Protection Law,” although “lawyers consider that the reference to the agreements of fundamental, international human rights is also indispensable”.

Türke claims that the Legal Service pays attention to the European Charter for Regional or Minority Languages of 1992 and to the Framework Convention for the Protection of National Minorities of 1994, but nevertheless recalls that “Slovakia ratified the Framework Convention for the Protection of National Minorities in 1999, particularly its variation […] with their own restrictions, where they proclaim the 20% usage limit and the invulnerable state language”.

Despite this, the Legal Service stress the accuracy of the law in that the included language criteria maintain a sense of proportion and consistency. “The possibility that may lead to discrimination of the foreign labour force shall be excluded at least,” says Türke.

Türke also remarks that the Service points to the lack of proportionality and consistency with penalty principles. “Publicising the fines and the penalties is definitely committing an offence against privacy rights (Article 16).”

Besides the problem of the theoretical approach with language usage, it is also crucial to make clear the law’s effects on average lifestyles.

“Legal experts state that the restrictions related to broadcasting in the Slovak language cannot be employed in cross-border broadcasts (Article 6),” the specialist continues, recalling that the Service also highlighted that “foreign and minority publications can under no circumstances be controlled”.

Furthermore, like with the media problem, the Service is also concerned that “regarding health services (Article 9 and 10) […] they do not allow the minority language to be spoken”.

Türke says the lawyers of the European Commission are “vigorously requesting the establishment of those legal conditions that provide an opportunity for staff who probably and more likely wish to communicate in the minority language”.

In conclusion, the scientist claims that the opinion of the Legal Service unofficially negates the Slovak language law. Therefore he urges further steps from Knut Vollebaek.

Türke considers that “the further destiny of European minority protection can depend on the next reactions of the OSCE High Commissioner on National Minorities”.

Szilvia Kalmar

Editor, EurActiv Hungary