Language rights as a sine qua non of democracy – a comparative overview of the jurisprudence of the European Court of Human Rights and the Court of Justice of the European Union

Abstract

This paper explains tendencies and common patterns in the implementation and interpretation of language rights in light of the case-law of the European Court of Human Rights and the Court of Justice of the European Union. The impact of the two courts on the evolution of language rights has been less significant than expected, especially when the users of minority languages are concerned. European jurisprudence reveals an almost exclusive focus on the instrumental function of language insteadof its intrinsic value for both persons and societies. Furthermore, both courts have been reluctant to interfere with the language policies of States and when they have done so, they have mostly relied on the neutral principle of non-discrimination. This ‘laissez-faire’approach may have a detrimental effect on democracy: in order to effectively participate in the life of their communities, citizens need to have rights to communicate in their own language. The author urges a profoundly new solution for a better and stronger protection of language rights