LAW
Concerning the ratification of the European Charter for
Regional or Minority Languages, adopted in
The Parliament of Romania adopts this law.
Art. 1
We hereby ratify the European Charter for Regional or Minority Languages,
adopted in
Art. 2
The provisions of the Charter apply to the following languages of the
national minorities used within
a) Albanian
language
b) Armenian
language
c) Bulgarian
language
d) Czech
language
e) Croat
language
f) German
language
g) Greek
language
h) Italian
language
i) Yiddish
language
j) Macedonian
language
k) Hungarian
language
l) Polish
language
m) Romani
language
n) Russian
language
o) Ruthenian
language
p) Serbian
language
q) Slovak
language
r) Tartar
language
s) Turkish
language
ş) Ukrainian language
Art. 3
In compliance with this law, the minority or regional languages are the
languages of national minorities.
Art. 4
In compliance with the provisions of Article 2, paragraph 1 of the Charter, the
provisions of Part II apply to the following minority or regional languages:
a) Albanian language
b)
Armenian language
c) Greek language
d) Italian language
e)
Yiddish language
f) Macedonian language
g) Polish
language
h) Romani
language
i) Ruthenian
language
j) Tartar language
Art. 5
In compliance with the provisions of Article 2, paragraph 2 and of Article 3,
paragraph 1 of the Charter, the following provisions stipulated in Part III will
be applied to the next languages of national minorities:
a)
Bulgarian
language
*Article 8
(Education)
- Paragraph 1
sub-paragraphs a (ii), b (ii), c (iii), d (iv), e (ii), g, h ,i
- Paragraph 2
*Article 9
(Judicial authorities)
- Paragraph 1
sub-paragraphs a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2
sub-paragraph a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v)
- Paragraph 2
sub-paragraphs b, c, d, e, f, g
- Paragraph 3
sub-paragraphs a, b, c
- Paragraph 4
sub-paragraphs b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1
sub-paragraphs a, b
*Article 14
(Transborder exchanges)
- Paragraph a
- Paragraph b
b)
Czech
language
*Article 8
(Education)
- Paragraph 1
sub-paragraphs a (ii), b (ii), c (iii), d (iv), g, i
- Paragraph 2
*Article 9 (Judicial
authorities)
- Paragraph 1
sub-paragraphs a (ii), a (iii), b (ii), b (iii), c(ii), c (iii), d
- Paragraph 2
sub-paragraph a
- Paragraph 3
*Article 10
(Administrative authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v)
- Paragraph 2
sub-paragraphs b, c, d, e, f, g
- Paragraph 3
sub-paragraphs a, b, c
- Paragraphs 4
sub-paragraphs b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1
sub-paragraphs a, b
*Article 14
(Transfrontier exchanges)
- Paragraph a
- Paragraph b
c)
Croat
language
*Article 8
(Education)
- Paragraph 1
sub-paragraphs a (i), b (i), c (ii), e (iii), g, h, i
- Paragraph 2
*Article 9
(Judicial authorities)
- Paragraph 1
sub-paragraphs a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2
sub-paragraph a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v)
- Paragraph 2
sub-paragraphs b, d, f, g
- Paragraph 3
sub-paragraphs a, b
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (iii), c (ii), d, e (i), g
- Paragraph 2
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1
sub-paragraphs a, b
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
d)
German
language
*Article 8 (Education)
- Paragraph 1
sub-paragraphs a (i), b (i), c (i), d (i), e (i), f (iii), g, h, i
- Paragraph 2
*Article 9
(Judicial authorities)
-
Paragraph 1 sub-paragraphs a (ii), a (iii), b (ii) b (iii),, c (ii), c (iii), d
- Paragraph 2
sub-paragraphs a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v), b, c
- Paragraph 2
sub-paragraphs b, c, d, e, f, g
- Paragraph 3
sub-paragraphs a,b,c
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (iii), b (ii), d, e (i), f(i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1
sub-paragraphs a, b, c
- Paragraph 2
sub-paragraphs c, d, e
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
e)
Hungarian
language
*Article 8
(Education)
- Paragraphs 1
sub-paragraphs a (i), b (i), c (i), d (i), e (i), f (i), g, h, i
- Paragraph 2
*Article 9 (Judicial
authorities)
- Paragraph 1
sub-paragraphs a (ii), a (iii), b (ii), b (iii) c (ii), c (iii), d
- Paragraph 2
sub-paragraph a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v), b, c
- Paragraph 2 sub-paragraphs
b, c, d, e, f, g
- Paragraph 3
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (ii), b (i), c (i), d, e (i), f(i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Articolul 13 (Economic
and social life)
- Paragraph 1
- Paragraph 2
sub-paragraphs c, d, e
*Articolul 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
f)
Russian
language
*Article 8 (Education)
- Paragraph 1
sub-paragraphs a (iii), b (iii), c (iii), d (iv), e (ii), f (iii), g, h, i
- Paragraph 2
*Article 9
(Judicial authorities)
- Paragraph 1
sub-paragraphs a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2
sub-paragraph a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1
sub-paragraphs a (ii), a (iii), a (iv), a (v)
- Paragraph 2
sub-paragraphs b, d, f, g
- Paragraph 3
sub-paragraphs a, b
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1
sub-paragraphs a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1
sub-paragraphs a, b
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
g)
Serbian
language
*Article 8 (Education)
- Paragraph 1 sub-paragraphs
a (i), b (i), c (i), d (iv), e (ii), g, h, i
*Article 9 (Judicial
authorities)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2 sub-paragraph
a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), a (iv), a (v)
- Paragraph 2 sub-paragraphs
b, d, f, g
- Paragraph 3 sub-paragraphs
a, b
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1 sub-paragraphs
a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1 sub-paragraphs
a, b
*Article 14 (Transfrontier
exchanges)
- Paragraph a
h)
Slovak
language
*Article 8 (Education)
- Paragraph 1 sub-paragraphs
a (i), b (i), c (i), d (iv), e (ii), g ,h ,i
- Paragraph 2
*Article 9 (Judicial
authorities)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2 sub-paragraph
a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), a (iv), a (v)
- Paragraph 2 sub-paragraphs
b, d, f, g
- Paragraph 3 sub-paragraphs
a, b
- Paragraph 4 sub-paragraphs
b, c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1 sub-paragraphs
a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1 sub-paragraphs
a, b
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
i)
Turkish
language
*Article 8 (Education)
- Paragraph 1 sub-paragraphs
a (i), b (i), c (i), d (iv), e (ii), f (iii), g, h, i
- Paragraph 2
*Article 9 (Judicial
authorities)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2 sub-paragraph
a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), a (iv) a (v)
- Paragraph 2 sub-paragraphs
b, d, e, f, g
- Paragraph 3 sub-paragraphs
a, b,c
- Paragraph 4 sub-paragraphs
b,c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1 sub-paragraphs
a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1 sub-paragraph
b
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
j)
Ukrainian
language
*Article 8 (Education)
- Paragraph 1 sub-paragraphs
a (i), b (i), c (i), d (iv), e (iii), f (iii), g, h, i
- Paragraph 2
*Article 9
(Judicial authorities)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), b (ii), b (iii), c (ii), c (iii), d
- Paragraph 2 sub-paragraph
a
- Paragraph 3
*Article 10 (Administrative
authorities and public services)
- Paragraph 1 sub-paragraphs
a (ii), a (iii), a (iv), a (v)
- Paragraph 2 sub-paragraphs
b, d, e, f, g
- Paragraph 3 sub-paragraphs
a, b,c
- Paragraph 4 sub-paragraphs
b,c
- Paragraph 5
*Article 11 (Media)
- Paragraph 1 sub-paragraphs
a (iii), b (ii), c (ii), d, e (i), g
- Paragraph 2
- Paragraph 3
*Article 12 (Cultural
activities and facilities)
- Paragraph 1
- Paragraph 2
- Paragraph 3
*Article 13 (Economic
and social life)
- Paragraph 1 sub-paragraph
b
*Article 14 (Transborder
exchanges)
- Paragraph a
- Paragraph b
Art.6
By the term "number considered
sufficient" from article 8 paragraph 1 subparagraph a (iii) from the
Charter we understand the minimum number of students necessary in order to
establish a class or group, in compliance with the provisions of article 158 from
the Law of Education no. 84/1995, republished, with the subsequent
modifications and completions.
Art. 7
By the term area where a regional or
minority language is used specified in the article 1 paragraph b of the
Charter we understand the administrative - territorial unit where a regional or
minority language is used by at least 20% from the total number of inhabitants
of that administrative - territorial unit.
Art. 8
The provisions of article 9 of the Charter will apply in compliance with the
provisions of art. 128 of the Constitution of Romania, republished, as well as
with those of article 14 of the Law on the judicial organization no. 304/2004,
republished, with the subsequent modifications and completions.
Art. 9 The
provisions of article 10 of the Charter will apply in compliance with the
provisions of the Constitution of Romania, republished, with those of the
Public Administration Law no. 215/2001, republished, and with those of the Framework
Convention for the Protection of National Minorities, signed at Strasbourg at February
1, 1995 and ratified by Romania through Law no. 33/1995.
10. The provisions of article 11 paragraph 1
subparagraph f (i) of the Charter will apply in compliance with the
stipulations of the Law. No. 41/1994 regarding the organization and functioning
of the Romanian Radio Broadcast Society
and the Romanian
Television Network, republished, with the subsequent modifications.
11.
The ministries and the other authorities of central and local public
administration, by case, will take the necessary measures to apply the
provisions of this law.
This
law was adopted by the Parliament of Romania, in compliance with the provisions
of article 75 and 76 paragraph (1) from the Constitution of Romania,
republished.
PRESIDENT OF THE CHAMBER OF DEPUTIES,
BOGDAN OLTEANU
p. PRESIDENT OF THE SENATE,
DORU IOAN TĂRĂCILĂ
No.
282
European
Charter for Regional or Minority Languages
Preamble
The member States of
the Council of Europe signatory hereto,
Considering that the
aim of the Council of Europe is to achieve a greater unity between its members,
particularly for the purpose of safeguarding and realising the ideals and
principles which are their common heritage;
Considering that the
protection of the historical regional or minority languages of Europe, some of
which are in danger of eventual extinction, contributes to the maintenance and
development of Europe's cultural wealth and traditions;
Considering that the
right to use a regional or minority language in private and public life is an
inalienable right conforming to the principles embodied in the United Nations
International Covenant on Civil and Political Rights, and according to the
spirit of the Council of Europe Convention for the Protection of Human Rights
and Fundamental Freedoms;
Having regard to the
work carried out within the CSCE and in particular to the Helsinki Final Act of
1975 and the document of the Copenhagen Meeting of 1990;
Stressing the value
of interculturalism and multilingualism and considering that the protection and
encouragement of regional or minority languages should not be to the detriment
of the official languages and the need to learn them;
Realising that the
protection and promotion of regional or minority languages in the different
countries and regions of Europe represent an important contribution to the
building of a Europe based on the principles of democracy and cultural
diversity within the framework of national sovereignty and territorial
integrity;
Taking into
consideration the specific conditions and historical traditions in the different
regions of the European States,
Have agreed as
follows:
Part I
General provisions
Article
1 Definitions
For the purposes of
this Charter:
a.
"regional
or minority languages" means languages that are:
i.
traditionally
used within a given territory of a State by nationals of that State who form a
group numerically smaller than the rest of the State's population; and
ii.
different
from the official language(s) of that State;
it does not include
either dialects of the official language(s) of the State or the languages of
migrants;
b.
"territory
in which the regional or minority language is used" means the geographical
area in which the said language is the mode of expression of a number of people
justifying the adoption of the various protective and promotional measures
provided for in this Charter;
c.
"non-territorial
languages" means languages used by nationals of the State which differ
from the language or languages used by the rest of the State's population but
which, although traditionally used within the territory of the State, cannot be
identified with a particular area thereof.
Article
2 Undertakings
1.
Each
Party undertakes to apply the provisions of Part II to all the regional or
minority languages spoken within its territory and which comply with the definition
in Article 1.
2.
In
respect of each language specified at the time of ratification, acceptance or
approval, in accordance with Article 3, each Party undertakes to apply a
minimum of thirty-five paragraphs or sub-paragraphs chosen from among the
provisions of Part III of the Charter, including at least three chosen from
each of the Articles 8 and 12 and one from each of the Articles 9, 10, 11 and
13.
Article
3 Practical arrangements
1.
Each
2.
Any
Party may, at any subsequent time, notify the Secretary General that it accepts
the obligations arising out of the provisions of any other paragraph of the
Charter not already specified in its instrument of ratification, acceptance or
approval, or that it will apply paragraph 1 of the present article to other
regional or minority languages, or to other official languages which are less
widely used on the whole or part of its territory.
3.
The
undertakings referred to in the foregoing paragraph shall be deemed to form an
integral part of the ratification, acceptance or approval and will have the
same effect as from their date of notification.
Article
4 Existing regimes of protection
1.
Nothing
in this Charter shall be construed as limiting or derogating from any of the
rights guaranteed by the European Convention on Human Rights.
2.
The
provisions of this Charter shall not affect any more favourable provisions
concerning the status of regional or minority languages, or the legal regime of
persons belonging to minorities which may exist in a Party or are provided for
by relevant bilateral or multilateral international agreements.
Article
5 Existing obligations
Nothing in this
Charter may be interpreted as implying any right to engage in any activity or
perform any action in contravention of the purposes of the Charter of the
United Nations or other obligations under international law, including the
principle of the sovereignty and territorial integrity of States.
Article
6 Information
The Parties undertake
to see to it that the authorities, organisations and persons concerned are
informed of the rights and duties established by this Charter.
Part
II Objectives and principles pursued in accordance with Article 2, paragraph
1
Article
7 Objectives and principles
1.
In
respect of regional or minority languages, within the territories in which such
languages are used and according to the situation of each language, the Parties
shall base their policies, legislation and practice on the following objectives
and principles:
a.
the
recognition of the regional or minority languages as an expression of cultural
wealth;
b.
the
respect of the geographical area of each regional or minority language in order
to ensure that existing or new administrative divisions do not constitute an
obstacle to the promotion of the regional or minority language in question;
c.
the
need for resolute action to promote regional or minority languages in order to
safeguard them;
d.
the
facilitation and/or encouragement of the use of regional or minority languages,
in speech and writing, in public and private life;
e.
the
maintenance and development of links, in the fields covered by this Charter,
between groups using a regional or minority language and other groups in the
State employing a language used in identical or similar form, as well as the
establishment of cultural relations with other groups in the State using
different languages;
f.
the
provision of appropriate forms and means for the teaching and study of regional
or minority languages at all appropriate stages;
g.
the
provision of facilities enabling non-speakers of a regional or minority
language living in the area where it is used to learn it if they so desire;
h.
the
promotion of study and research on regional or minority languages at
universities or equivalent institutions;
i.
the
promotion of appropriate types of transnational exchanges, in the fields
covered by this Charter, for regional or minority languages used in identical
or similar form in two or more States.
2.
The
Parties undertake to eliminate, if they have not yet done so, any unjustified
distinction, exclusion, restriction or preference relating to the use of a
regional or minority language and intended to discourage or endanger the
maintenance or development of it. The adoption of special measures in favour of
regional or minority languages aimed at promoting equality between the users of
these languages and the rest of the population or which take due account of
their specific conditions is not considered to be an act of discrimination
against the users of more widely-used languages.
3.
The
Parties undertake to promote, by appropriate measures, mutual understanding
between all the linguistic groups of the country and in particular the
inclusion of respect, understanding and tolerance in relation to regional or
minority languages among the objectives of education and training provided
within their countries and encouragement of the mass media to pursue the same
objective.
4.
In
determining their policy with regard to regional or minority languages, the
Parties shall take into consideration the needs and wishes expressed by the
groups which use such languages. They are encouraged to establish bodies, if
necessary, for the purpose of advising the authorities on all matters
pertaining to regional or minority languages.
5.
The
Parties undertake to apply, mutatis mutandis, the principles listed in
paragraphs 1 to 4 above to non-territorial languages. However, as far as these
languages are concerned, the nature and scope of the measures to be taken to
give effect to this Charter shall be determined in a flexible manner, bearing
in mind the needs and wishes, and respecting the traditions and
characteristics, of the groups which use the languages concerned.
Part
III Measures to promote the use of regional or minority languages in public
life in accordance with the undertakings entered into under Article 2,
paragraph 2
Article
8 Education
1.
With
regard to education, the Parties undertake, within the territory in which such
languages are used, according to the situation of each of these languages, and
without prejudice to the teaching of the official language(s) of the State:
a.
i.
to
make available pre-school education in the relevant regional or minority
languages; or
ii.
to
make available a substantial part of pre-school education in the relevant
regional or minority languages; or
iii.
to
apply one of the measures provided for under i and ii above at least to those
pupils whose families so request and whose number is considered sufficient; or
iv.
if
the public authorities have no direct competence in the field of pre-school
education, to favour and/or encourage the application of the measures referred
to under i to iii above;
b.
i.
to
make available primary education in the relevant regional or minority
languages; or
ii.
to
make available a substantial part of primary education in the relevant regional
or minority languages; or
iii.
to
provide, within primary education, for the teaching of the relevant regional or
minority languages as an integral part of the curriculum; or
iv.
to
apply one of the measures provided for under i to iii above at least to those
pupils whose families so request and whose number is considered sufficient;
c.
i.
to
make available secondary education in the relevant regional or minority
languages; or
ii.
to
make available a substantial part of secondary education in the relevant
regional or minority languages; or
iii.
to
provide, within secondary education, for the teaching of the relevant regional
or minority languages as an integral part of the curriculum; or
iv.
to
apply one of the measures provided for under i to iii above at least to those
pupils who, or where appropriate whose families, so wish in a number considered
sufficient;
d.
i.
to
make available technical and vocational education in the relevant regional or
minority languages; or
ii.
to
make available a substantial part of technical and vocational education in the
relevant regional or minority languages; or
iii.
to
provide, within technical and vocational education, for the teaching of the
relevant regional or minority languages as an integral part of the curriculum;
or
iv.
to
apply one of the measures provided for under i to iii above at least to those
pupils who, or where appropriate whose families, so wish in a number considered
sufficient;
e.
i.
to
make available university and other higher education in regional or minority
languages; or
ii.
to
provide facilities for the study of these languages as university and higher
education subjects; or
iii.
if,
by reason of the role of the State in relation to higher education
institutions, sub-paragraphs i and ii cannot be applied, to encourage and/or
allow the provision of university or other forms of higher education in
regional or minority languages or of facilities for the study of these
languages as university or higher education subjects;
f.
i.
to
arrange for the provision of adult and continuing education courses which are
taught mainly or wholly in the regional or minority languages; or
ii.
to
offer such languages as subjects of adult and continuing education; or
iii.
if
the public authorities have no direct competence in the field of adult
education, to favour and/or encourage the offering of such languages as
subjects of adult and continuing education;
g.
to
make arrangements to ensure the teaching of the history and the culture which
is reflected by the regional or minority language;
h.
to
provide the basic and further training of the teachers required to implement
those of paragraphs a to g accepted by the Party;
i.
to
set up a supervisory body or bodies responsible for monitoring the measures
taken and progress achieved in establishing or developing the teaching of regional
or minority languages and for drawing up periodic reports of their findings,
which will be made public.
2.
With
regard to education and in respect of territories other than those in which the
regional or minority languages are traditionally used, the Parties undertake,
if the number of users of a regional or minority language justifies it, to
allow, encourage or provide teaching in or of the regional or minority language
at all the appropriate stages of education.
Article
9 Judicial authorities
1.
The
Parties undertake, in respect of those judicial districts in which the number
of residents using the regional or minority languages justifies the measures
specified below, according to the situation of each of these languages and on
condition that the use of the facilities afforded by the present paragraph is
not considered by the judge to hamper the proper administration of justice:
a.
in
criminal proceedings:
i.
to
provide that the courts, at the request of one of the parties, shall conduct
the proceedings in the regional or minority languages; and/or
ii.
to
guarantee the accused the right to use his/her regional or minority language;
and/or
iii.
to
provide that requests and evidence, whether written or oral, shall not be
considered inadmissible solely because they are formulated in a regional or
minority language; and/or
iv.
to
produce, on request, documents connected with legal proceedings in the relevant
regional or minority language,
if necessary by the
use of interpreters and translations involving no extra expense for the persons
concerned;
b.
in
civil proceedings:
i.
to
provide that the courts, at the request of one of the parties, shall conduct
the proceedings in the regional or minority languages; and/or
ii.
to
allow, whenever a litigant has to appear in person before a court, that he or
she may use his or her regional or minority language without thereby incurring
additional expense; and/or
iii.
to
allow documents and evidence to be produced in the regional or minority
languages,
if necessary by the
use of interpreters and translations;
c.
in
proceedings before courts concerning administrative matters:
i.
to
provide that the courts, at the request of one of the parties, shall conduct
the proceedings in the regional or minority languages; and/or
ii.
to
allow, whenever a litigant has to appear in person before a court, that he or
she may use his or her regional or minority language without thereby incurring
additional expense; and/or
iii.
to
allow documents and evidence to be produced in the regional or minority
languages,
if necessary by the
use of interpreters and translations;
d.
to
take steps to ensure that the application of sub-paragraphs i and iii of
paragraphs b and c above and any necessary use of interpreters and translations
does not involve extra expense for the persons concerned.
2.
The
Parties undertake:
a.
not
to deny the validity of legal documents drawn up within the State solely
because they are drafted in a regional or minority language; or
b.
not
to deny the validity, as between the parties, of legal documents drawn up
within the country solely because they are drafted in a regional or minority
language, and to provide that they can be invoked against interested third
parties who are not users of these languages on condition that the contents of
the document are made known to them by the person(s) who invoke(s) it; or
c.
not
to deny the validity, as between the parties, of legal documents drawn up
within the country solely because they are drafted in a regional or minority
language.
3.
The
Parties undertake to make available in the regional or minority languages the
most important national statutory texts and those relating particularly to
users of these languages, unless they are otherwise provided.
Article
10 Administrative authorities and public services
1.
Within
the administrative districts of the State in which the number of residents who
are users of regional or minority languages justifies the measures specified
below and according to the situation of each language, the Parties undertake,
as far as this is reasonably possible:
a.
i.
to
ensure that the administrative authorities use the regional or minority
languages; or
ii.
to
ensure that such of their officers as are in contact with the public use the
regional or minority languages in their relations with persons applying to them
in these languages; or
iii.
to
ensure that users of regional or minority languages may submit oral or written
applications and receive a reply in these languages; or
iv.
to
ensure that users of regional or minority languages may submit oral or written
applications in these languages; or
v.
to
ensure that users of regional or minority languages may validly submit a
document in these languages;
b.
to
make available widely used administrative texts and forms for the population in
the regional or minority languages or in bilingual versions;
c.
to
allow the administrative authorities to draft documents in a regional or
minority language.
2.
In
respect of the local and regional authorities on whose territory the number of
residents who are users of regional or minority languages is such as to justify
the measures specified below, the Parties undertake to allow and/or encourage:
a.
the
use of regional or minority languages within the framework of the regional or
local authority;
b.
the
possibility for users of regional or minority languages to submit oral or
written applications in these languages;
c.
the
publication by regional authorities of their official documents also in the
relevant regional or minority languages;
d.
the
publication by local authorities of their official documents also in the
relevant regional or minority languages;
e.
the
use by regional authorities of regional or minority languages in debates in
their assemblies, without excluding, however, the use of the official
language(s) of the State;
f.
the
use by local authorities of regional or minority languages in debates in their
assemblies, without excluding, however, the use of the official language(s) of
the State;
g.
the
use or adoption, if necessary in conjunction with the name in the official
language(s), of traditional and correct forms of place-names in regional or
minority languages.
3.
With
regard to public services provided by the administrative authorities or other
persons acting on their behalf, the Parties undertake, within the territory in
which regional or minority languages are used, in accordance with the situation
of each language and as far as this is reasonably possible:
a.
to
ensure that the regional or minority languages are used in the provision of the
service; or
b.
to
allow users of regional or minority languages to submit a request and receive a
reply in these languages; or
c.
to
allow users of regional or minority languages to submit a request in these
languages.
4.
With
a view to putting into effect those provisions of paragraphs 1, 2 and 3
accepted by them, the Parties undertake to take one or more of the following
measures:
a.
translation
or interpretation as may be required;
b.
recruitment
and, where necessary, training of the officials and other public service
employees required;
c.
compliance
as far as possible with requests from public service employees having a
knowledge of a regional or minority language to be appointed in the territory
in which that language is used.
5.
The
Parties undertake to allow the use or adoption of family names in the regional
or minority languages, at the request of those concerned.
Article
11 Media
1.
The
Parties undertake, for the users of the regional or minority languages within
the territories in which those languages are spoken, according to the situation
of each language, to the extent that the public authorities, directly or indirectly,
are competent, have power or play a role in this field, and respecting the
principle of the independence and autonomy of the media:
a.
to
the extent that radio and television carry out a public service mission:
i.
to
ensure the creation of at least one radio station and one television channel in
the regional or minority languages; or
ii.
to
encourage and/or facilitate the creation of at least one radio station and one
television channel in the regional or minority languages; or
iii.
to
make adequate provision so that broadcasters offer programmes in the regional
or minority languages;
b.
i.
to
encourage and/or facilitate the creation of at least one radio station in the
regional or minority languages; or
ii.
to
encourage and/or facilitate the broadcasting of radio programmes in the
regional or minority languages on a regular basis;
c.
i.
to
encourage and/or facilitate the creation of at least one television channel in
the regional or minority languages; or
ii.
to
encourage and/or facilitate the broadcasting of television programmes in the
regional or minority languages on a regular basis;
d.
to
encourage and/or facilitate the production and distribution of audio and
audiovisual works in the regional or minority languages;
e.
i.
to
encourage and/or facilitate the creation and/or maintenance of at least one
newspaper in the regional or minority languages; or
ii.
to
encourage and/or facilitate the publication of newspaper articles in the
regional or minority languages on a regular basis;
f.
i.
to
cover the additional costs of those media which use regional or minority
languages, wherever the law provides for financial assistance in general for
the media; or
ii.
to
apply existing measures for financial assistance also to audiovisual
productions in the regional or minority languages;
g.
to
support the training of journalists and other staff for media using regional or
minority languages.
2.
The
Parties undertake to guarantee freedom of direct reception of radio and
television broadcasts from neighbouring countries in a language used in
identical or similar form to a regional or minority language, and not to oppose
the retransmission of radio and television broadcasts from neighbouring
countries in such a language. They further undertake to ensure that no
restrictions will be placed on the freedom of expression and free circulation
of information in the written press in a language used in identical or similar
form to a regional or minority language. The exercise of the above-mentioned
freedoms, since it carries with it duties and responsibilities, may be subject
to such formalities, conditions, restrictions or penalties as are prescribed by
law and are necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the prevention of
disorder or crime, for the protection of health or morals, for the protection
of the reputation or rights of others, for preventing disclosure of information
received in confidence, or for maintaining the authority and impartiality of
the judiciary.
3.
The
Parties undertake to ensure that the interests of the users of regional or
minority languages are represented or taken into account within such bodies as
may be established in accordance with the law with responsibility for
guaranteeing the freedom and pluralism of the media.
Article
12 Cultural activities and facilities
1.
With
regard to cultural activities and facilities especially libraries, video
libraries, cultural centres, museums, archives, academies, theatres and
cinemas, as well as literary work and film production, vernacular forms of
cultural expression, festivals and the culture industries, including inter
alia the use of new technologies the Parties undertake, within the
territory in which such languages are used and to the extent that the public
authorities are competent, have power or play a role in this field:
a.
to
encourage types of expression and initiative specific to regional or minority
languages and foster the different means of access to works produced in these
languages;
b.
to
foster the different means of access in other languages to works produced in
regional or minority languages by aiding and developing translation, dubbing,
post-synchronisation and subtitling activities;
c.
to
foster access in regional or minority languages to works produced in other
languages by aiding and developing translation, dubbing, post-synchronisation
and subtitling activities;
d.
to
ensure that the bodies responsible for organising or supporting cultural
activities of various kinds make appropriate allowance for incorporating the
knowledge and use of regional or minority languages and cultures in the
undertakings which they initiate or for which they provide backing;
e.
to
promote measures to ensure that the bodies responsible for organising or
supporting cultural activities have at their disposal staff who have a full
command of the regional or minority language concerned, as well as of the
language(s) of the rest of the population;
f.
to
encourage direct participation by representatives of the users of a given
regional or minority language in providing facilities and planning cultural
activities;
g.
to
encourage and/or facilitate the creation of a body or bodies responsible for
collecting, keeping a copy of and presenting or publishing works produced in
the regional or minority languages;
h.
if
necessary, to create and/or promote and finance translation and terminological
research services, particularly with a view to maintaining and developing
appropriate administrative, commercial, economic, social, technical or legal
terminology in each regional or minority language.
2.
In
respect of territories other than those in which the regional or minority
languages are traditionally used, the Parties undertake, if the number of users
of a regional or minority language justifies it, to allow, encourage and/or
provide appropriate cultural activities and facilities in accordance with the
preceding paragraph.
3.
The
Parties undertake to make appropriate provision, in pursuing their cultural
policy abroad, for regional or minority languages and the cultures they
reflect.
Article
13 Economic and social life
1.
With
regard to economic and social activities, the Parties undertake, within the
whole country:
a.
to
eliminate from their legislation any provision prohibiting or limiting without
justifiable reasons the use of regional or minority languages in documents
relating to economic or social life, particularly contracts of employment, and
in technical documents such as instructions for the use of products or
installations;
b.
to
prohibit the insertion in internal regulations of companies and private
documents of any clauses excluding or restricting the use of regional or
minority languages, at least between users of the same language;
c.
to
oppose practices designed to discourage the use of regional or minority
languages in connection with economic or social activities;
d.
to
facilitate and/or encourage the use of regional or minority languages by means
other than those specified in the above sub-paragraphs.
2.
With
regard to economic and social activities, the Parties undertake, in so far as
the public authorities are competent, within the territory in which the
regional or minority languages are used, and as far as this is reasonably
possible:
a.
to
include in their financial and banking regulations provisions which allow, by
means of procedures compatible with commercial practice, the use of regional or
minority languages in drawing up payment orders (cheques, drafts, etc.) or
other financial documents, or, where appropriate, to ensure the implementation
of such provisions;
b.
in
the economic and social sectors directly under their control (public sector),
to organise activities to promote the use of regional or minority languages;
c.
to
ensure that social care facilities such as hospitals, retirement homes and
hostels offer the possibility of receiving and treating in their own language
persons using a regional or minority language who are in need of care on
grounds of ill-health, old age or for other reasons;
d.
to
ensure by appropriate means that safety instructions are also drawn up in
regional or minority languages;
e.
to
arrange for information provided by the competent public authorities concerning
the rights of consumers to be made available in regional or minority languages.
Article
14 Transfrontier exchanges
The Parties
undertake:
a.
to
apply existing bilateral and multilateral agreements which bind them with the
States in which the same language is used in identical or similar form, or if
necessary to seek to conclude such agreements, in such a way as to foster
contacts between the users of the same language in the States concerned in the
fields of culture, education, information, vocational training and permanent
education;
b.
for
the benefit of regional or minority languages, to facilitate and/ or promote
co-operation across borders, in particular between regional or local
authorities in whose territory the same language is used in identical or
similar form.
Part
IV Application of the Charter
Article
15 Periodical reports
1.
The
Parties shall present periodically to the Secretary General of the Council of
Europe, in a form to be prescribed by the Committee of Ministers, a report on
their policy pursued in accordance with Part II of this Charter and on the
measures taken in application of those provisions of Part III which they have
accepted. The first report shall be presented within the year following the
entry into force of the Charter with respect to the Party concerned, the other
reports at three-yearly intervals after the first report.
2.
The
Parties shall make their reports public.
Article
16 Examination of the reports
1.
The
reports presented to the Secretary General of the Council of Europe under
Article 15 shall be examined by a committee of experts constituted in
accordance with Article 17.
2.
Bodies
or associations legally established in a Party may draw the attention of the
committee of experts to matters relating to the undertakings entered into by
that Party under Part III of this Charter. After consulting the Party
concerned, the committee of experts may take account of this information in the
preparation of the report specified in paragraph 3 below. These bodies or
associations can furthermore submit statements concerning the policy pursued by
a Party in accordance with Part II.
3.
On
the basis of the reports specified in paragraph 1 and the information mentioned
in paragraph 2, the committee of experts shall prepare a report for the
Committee of Ministers. This report shall be accompanied by the comments which
the Parties have been requested to make and may be made public by the Committee
of Ministers.
4.
The
report specified in paragraph 3 shall contain in particular the proposals of
the committee of experts to the Committee of Ministers for the preparation of
such recommendations of the latter body to one or more of the Parties as may be
required.
5.
The
Secretary General of the Council of Europe shall make a two-yearly detailed
report to the Parliamentary Assembly on the application of the Charter.
Article
17 Committee of experts
1.
The
committee of experts shall be composed of one member per Party, appointed by
the Committee of Ministers from a list of individuals of the highest integrity
and recognised competence in the matters dealt with in the Charter, who shall
be nominated by the Party concerned.
2.
Members
of the committee shall be appointed for a period of six years and shall be
eligible for reappointment. A member who is unable to complete a term of office
shall be replaced in accordance with the procedure laid down in paragraph 1,
and the replacing member shall complete his predecessor's term of office.
3.
The
committee of experts shall adopt rules of procedure. Its secretarial services
shall be provided by the Secretary General of the Council of Europe.
Part V
Final provisions
Article
18
This Charter shall be
open for signature by the member States of the Council of Europe. It is subject
to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the
Council of Europe.
Article
19
1.
This
Charter shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which five member
States of the Council of Europe have expressed their consent to be bound by the
Charter in accordance with the provisions of Article 18.
2.
In
respect of any
Article
20
1.
After
the entry into force of this Charter, the Committee of Ministers of the Council
of Europe may invite any State not a member of the Council of Europe to accede
to this Charter.
2.
In
respect of any acceding State, the Charter shall enter into force on the first
day of the month following the expiration of a period of three months after the
date of deposit of the instrument of accession with the Secretary General of
the Council of Europe.
Article
21
1.
Any
State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, make one or more reservations
to paragraphs 2 to 5 of Article 7 of this Charter. No other reservation may be
made.
2.
Any
Article
22
1.
Any
Party may at any time denounce this Charter by means of a notification
addressed to the Secretary General of the Council of Europe.
2.
Such
denunciation shall become effective on the first day of the month following the
expiration of a period of six months after the date of receipt of the
notification by the Secretary General.
Article
23
The Secretary General
of the Council of Europe shall notify the member States of the Council and any
State which has acceded to this Charter of:
a.
any
signature;
b.
the
deposit of any instrument of ratification, acceptance, approval or accession;
c.
any
date of entry into force of this Charter in accordance with Articles 19 and 20;
d.
any
notification received in application of the provisions of Article 3, paragraph
2;
e.
any
other act, notification or communication relating to this Charter.
In witness whereof
the undersigned, being duly authorised thereto, have signed this Charter.
Done at Strasbourg,
this 5th day of November 1992, in English and French, both texts being equally
authentic, in a single copy which shall be deposited in the archives of the
Council of Europe. The Secretary General of the Council of Europe shall
transmit certified copies to each member State of the Council of Europe and to
any State invited to accede to this Charter.