The Role of Law and Non-Territorial Autonomy Arrangements in the Implementation of Linguistic Rights: A Comparative Perspective

Abstract

AbstractThis paper offers a comparative overview and analysis of legal frameworks governing the role of non-territorial autonomy (NTA) arrangements in the implementation of linguistic rights. In many countries where institutionalised NTA arrangements exist, NTA bodies have public powers and a recognised role, inter alia, in the implementations of those rights. Therefore, the paper will first analyse the normative framework of public powers of such bodies. Bearing in mind that the scope of public powers in the field of exercising linguistic rights is variable, the focus of this paper will be on the analysis of comparative compliance and the scope that NTA arrangements can achieve in the implementation of linguistic rights. Some of the powers in the field of language rights that will be analysed in this context refer to the role of the NTA arrangements in terms of determining the name of the language of a community represented by such arrangements, its standardisation and official use. In that sense, particular focus will be put on the analysis of the distinctive role of the councils of national minorities in the Republic of Serbia in terms of determining the traditional names of settlements. This unique form of public power of the NTA arrangement is somewhat contradictory in the Serbian legal system, since it is, on the one hand, set as a very extensive and authoritative power, and on the other hand, under the threat of transferring its exercise to the government, it is limited by short deadlines.