Language Rights and the Law in the European Union

“The strength of Language Rights and the Law in the European Union is that the author challenges a range of conventional wisdoms and even conventions regarding the legal position of minority languages in the European Union, convincingly presenting the cas

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Eduardo D. Faingold

Language Rights and the Law in the European Union

Eduardo D. Faingold

Language Rights and the Law in the European Union

Eduardo D. Faingold School of Language and Literature The University of Tulsa Tulsa, OK, USA

ISBN 978-3-030-33011-8 ISBN 978-3-030-33012-5  (eBook) https://doi.org/10.1007/978-3-030-33012-5 © The Editor(s) (if applicable) and The Author(s) 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: © Melisa Hasan This Palgrave Pivot imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

In memory of my father, ENRIQUE FAINGOLD (1925–2012)

Preface

Language issues have been of importance to the national identity of the countries in the European Union for a long time. Countries such as Spain and Denmark have recognizable interests and ways of dealing with language questions. In this book, I examine the language policies that result from the promulgation of linguistic rights in European Union Law (the 2004 Draft Constitution and the Treaty of Lisbon) and the constitutions and legal statutes of selected countries in the European Union (Spain and Denmark). This work began as a side project that entailed a critical contemplation of the language rights of individuals and groups in the constitutions of the world (Faingold, 2004) and the 2004 draft of the European Union constitution (Faingold, 2007) more than a decade ago. Throughout my academic career, my professional fields of research and interest have included bilingualism, psycholinguistics, sociolinguistics, historical linguistics, and the biographical study of immigrants and exiles. Where the topic of language rights in the European Union was concerned, I had to rely on my own observations of the European political scene and on