Releasing minorities from the “nationalist trap”: from territorial to personal autonomy in a “multiple demoi europe”

Abstract

Although minority rights are already part of the European acquis, the protection of minorities as set forth in European national legislations still hinges upon the territorial paradigm. This ‘Westphalian model’ of minority protection is increasingly being questioned by the claims of “new minorities” (migrants) and traditional European non-territorial minorities (Roma). This article discusses Renner’s model of national cultural autonomy in the light of its first Ottoman application (Millet) and its current adaptation in the legal system of Middle-East Europe, as a potential instrument to overcome the ‘Western’ European ‘territorial trap’. By looking Eastward, Europe may adapt the Millet system to its specific exigencies, in order to create an inclusive supranational geo-political-legal space for effectively managing diversity and for including minority rights into the process of ‘integration through law”.

Received: 01 February 2012
Accepted: 17 April 2012
Published online: 15 April 2016