Tolerance Through Law

by Woelk, Jens; Marko, Joseph; Palermo, Francesco

• ISBN13: 9789004163027
• ISBN10: 9004163026
• Format: Hardcover
• Copyright: 2008-02-28
• Publisher: Martinus Nijhoff

Summary

Starting with the illustration of the international anchoring and the legal framework of the South Tyrolean Autonomy model, this book offers insights on the evolution of the institutions of self-government and minority protection through power-sharing and analyses which lessons can be learned for other situations.

Table of Contents

Editors' preface: Tolerance through Law	p. xi
Framework
History of the South Tyrol Conflict and its Settlement	p. 3
Introduction	p. 3
(South) Tyrol: A Land of Transit	p. 4
Fascist Oppression in South Tyrol	p. 6
The First Autonomy Statute: An Unsatisfactory Solution	p. 9
The Second Autonomy Statute: The Powers to the Provinces	p. 13
Conclusions	p. 15
Protection of Minorities under International Law and the Case of South Tyrol	p. 17
Introduction	p. 17
The International Anchoring of the South Tyrol Issue	p. 19
The International Settlement of the South Tyrol Dispute	p. 28
Concluding Remarks	p. 30
South Tyrol's Special Status within the Italian Constitution	p. 33
Italian Asymmetric Regionalism and its Evolution	p. 33
The 'Peripheral' Position of South Tyrol	p. 45
Self-Governance
Institutions of Self-Government	p. 53
Introduction	p. 53
Institutions	p. 54
Legislative Procedure	p. 71
Concluding Remarks	p. 76
Legislative and Administrative Autonomy	p. 77
Legislative Powers	p. 78
Administrative Powers	p. 94
The Financial System of the Autonomous Province of Bolzano/Bozen	p. 105
The General Framework of Financing Italy's Regions with a Special Statute	p. 105
The Financial System of the Province of Bolzano/Bozen Today	p. 108
The Development of Provincial Revenues 1990-2005	p. 114
Some Concluding Remarks	p. 117
What it Means to be Special in Relations with the Central State: Institutions and Procedures	p. 121
Introduction	p. 121
Italy's Cooperative Regionalism: Procedures and Institutions	p. 124
South Tyrol's Special Position in Italy's Regional System	p. 127
Relations with the State in European Affairs	p. 136
Perspectives: After the Constitutional Reform of 2001	p. 140
Implementation and Amendment of the Autonomy Statute	p. 143
Introduction	p. 143
Implementation of the Autonomy Statute	p. 143
The Amendment Process of the Autonomy Statute	p. 153
Looking for the Core of the South Tyrolean Autonomy	p. 156
Cross-border Cooperation between Historical Legacies and New Horizons	p. 161
Introduction	p. 161
A Look Back on the Development of Cross-border Cooperation between Tyrol, South Tyrol and Trentino	p. 162
The Legal Bases for Cross-border Cooperation between Tyrol, South Tyrol and Trentino	p. 169
Soft-Law Cooperation as Best Functioning Solution	p. 175
Regional Autonomies Providing Minority Rights and the Law of European Integration: Experiences from South Tyrol	p. 177
Introduction: Regional Autonomies and Minority Groups as Shadows Within the EU System	p. 177
Concrete Experiences of the South Tyrolean Autonomy	p. 181
Conclusion: Regional Autonomies and Minority Groups as Increasingly Important Entities within the EU System	p. 197
Minority Rights
Individual and Group Rights in South Tyrol: Article 2 as ,Grundnorm' of the Autonomy Statute	p. 203
Introduction	p. 203
The Basic Compromise: the Gruber-Degasperi Agreement	p. 204
The 'Grundnorm': Establishing Balances	p. 206
From the Agreement to the Autonomy Statute: Dual Nature and Gaps	p. 208
Balances as Essential Core and Substance	p. 217
Quota System, Census and Declaration of Affiliation to a Linguistic Group	p. 219
Introduction	p. 219
The Quota System	p. 220
The Normative Background to the Census and the Declaration of Linguistic Affiliation	p. 226
Conclusions	p. 232
The Educational System in South Tyrol	p. 235
Introduction	p. 235
Historic and Socio-linguistic Conditions of School Policy in South Tyrol	p. 238
Important Aspects of Education Policy since 1972	p. 241
Foreign Pupils and the Educational System in South Tyrol	p. 250
Conclusions	p. 258
Linguistic Rights and the Use of Language	p. 259
Origins of the Problem	p. 259
Separation as the Instrument for Stabilization	p. 261
The Public Administration	p. 262
Trials and Proceedings	p. 266
Toponymy	p. 271
Forms of Protection	p. 274
Future Prospects: the Value of Multilingualism	p. 276
A 'Minority within a Minority': the Special Status of the Ladin Valleys	p. 279
Introduction	p. 279
Historical and Geographical Background of the Ladins in Italy	p. 280
The Status of the Ladins In Italy	p. 281
The Ladins as a 'Minority within a Minority'	p. 289
South Tyrol's Special Status in Private Law: the 'Entailed Farm' and the 'Grundbuch' Systems	p. 291
Introduction	p. 291
The System of the 'Entailed Farm', the Austrian Law of 1900 and the Act of the Province of Bolzano/Bozen of November 2001	p. 291
The Legitimacy of the System of the 'Entailed Farm' According to the Constitutional Court	p. 295
The 'Grundbuch' System of Registration of Real Properties	p. 298
Conclusions	p. 299
Lessons to be Learned
South Tyrol's Consociational Democracy: Between Political Claim and Social Reality	p. 303
Consociational Democracy	p. 303
The Principle of Ethnic Division	p. 308
The Breaches In the Model	p. 313
The Erosion of the Logic in the System of Ethnic Separation	p. 321
The Tense Relationship between the Collective Rights of Minorities and Individual Rights	p. 324
Complex Power Sharing as Conflict Resolution: South Tyrol in Comparative Perspective	p. 329
Introduction	p. 329
Complex Power Sharing and Existing Theories of Conflict Resolution	p. 331
Complex Power Sharing beyond South Tyrol: an Empirical Analysis	p. 339
Conclusion: Complex Power Sharing Lessons from South Tyrol and Beyond	p. 362
Is there a South Tyrolean 'Model' of Conflict Resolution to be Exported?	p. 371
Segregation or Integration? The Main Issues Surrounding the Regulation of Conflict in the Balkans	p. 371
The Complementary Functions of Segregation and Integration in the South Tyrolean Model	p. 377
South Tyrol on the Way to a Multi-ethnic European Region: Problems Related to the Transfer from Territorial to Functional Autonomy	p. 386
Appendix	p. 389
Editors	p. 409
Authors	p. 410
Index	p. 415
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