Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

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AUC IURIDICA, Vol 61 No 4 (2015), 183–190

Menšiny bez hranic?

[National Minorities without Borders?]

Helena Hofmannová

published online: 06. 01. 2016


The article deals with the negative impact that a criterion of the existence of the mother country of a minority might have on the protection of national minorities. It works on the approach by the Council of Europe, particularly of the Advisory Committee on the Framework Convention on the Protection of National Minorities, to the conception of a national minority and its members. Under this approach, the criterion of the existence of a mother country as a definitional feature of a national minority is deemed as a so-called suspicious criterion, in the consequence of which an undesirable distinction between individual minorities is made. This approach is based on the key principles of the Council of Europe in the field of the protection of national minorities which are the principles of universality, flexibility and equality. The article also deals with other so-called suspicious criteria when defining national minorities based on stances of the Advisory Committee adopted while monitoring the implementation of the Framework Convention in individual states.

keywords: The Advisory Committee (of the Council) on the Framework Convention on the Protection of National Minorities; universality; flexibility and equality; national minorities having a mother country; ethnic minorities; definition of a national minority; so-called suspicious criteria when defining minorities; a so-called closed definition; territorial criterion; state citizenship criterion; people in autonomous communities; migrants; “article by article approach” Poradní výbor Rady Evropy k Rámcové úmluvě o ochraně národnostních menšin; univerzalita; flexibilita a rovnost; národností menšiny; mateřský stát; definice národnostní menšiny; tzv. podezřelá kritéria při definici menšin; tzv. uzavřené kritérium; územní kritérium; kritérium státního občasntví; obyvatelé autonomních společenství; migranti; kontrola „článek po článku“

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Menšiny bez hranic? is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478