Center for Legal Analyses in Slovakia: An Introduction


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Date: Tue, 30 Jan 2001 08:51:31 +0200 (EET)
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Subject: Center for Legal Analyses in Slovakia: An Introduction

From: MINELRES moderator <[email protected]>

Original sender: Balazs Jarabik <[email protected]>

Center for Legal Analyses in Slovakia: An Introduction


Dear List members, colleagues and friends,

It is our privilege to present a newly founded non-governmental
organization in Slovakia, the Center for Legal Analyses (CLA), a
project tends to give more accurate and relevant information about the
legal status of minority issues and to shape and improve political
decision-making through legal analyses.
 
Balazs Jarabik, Adrian Tokar
 
CLA, Consultants
 
For more information please contact:
 
Center for Legal Analyses
(Kalligram Foundation)
Staromestska 6/d
811 03 Bratislava
Tel, fax: 00421.7.5441 8072
e-mail: [email protected]
[email protected]
 

Challenging Democracy in Slovakia: The Center for Legal Analyses (CLA)

The mission of the Center for Legal Analyses (CLA) is to create an
independent group of experts to analyze relevant legal questions
regarding minorities in Slovakia. Independent legal analysis provides
a basis for a potential and necessary improvement of the currently
valid legal protection of the minorities and its implementation.  Such
analysis, together with public discussion and dissemination of
relevant information also strengthens legal consciousness of
minorities and brings attention of the whole society to the minority
issues.
 
CLA defines legal analysis as:
 
- research of legislation needs;
- compliance of legislation with EU standards;
- promotion of consistency  of legislation in identified specific
areas;
- drafting legislative proposals for amendment of current legislature; 
- interpretation of legislation.
 
CLA will focus mainly on the legal status and problems of the
Hungarian and Roma minorities in Slovakia, which create together
almost 20% of the total population. It will organize seminars and
round-tables, providing an independent platform for open expert
discussion. In co-operation with minority and Slovak experts and
lawyers the CLA will produce top-quality analyses and reporting on the
relevant issues. The results of these activities will be introduced
and presented to important decision-makers.

CLA will also enhance public dissemination of relevant information
through the media on the legal status of minorities in the country,
thus strengthening the legal awareness of the public.

CLA will network lawyers and enhance communication between various
ethnic and generation groups of lawyers.
 

The Center for Legal Analyses is working with the kind general support
of Ford Foundation, New York, USA.

Activities of CLA:
 
1) Legal Analysis
2) Reporting
3) Public Relations
4) Library

1) Legal Analysis
 
Legal Analysis comprises of the following 5 horizontal layers (goals)
- areas of analysis, which are interconnected:
 
Up to Date Analysis
Identification of legislature needs; drafting amendments to current
law
 
Issues: 
Anti-Discrimination Statute
Revision of the Penal Code (anti-discrimination provisions)
Public Administration Reform
 
Historical and Comparative Analysis
Evaluation of past and recent legal issues important for today,
comparative law - especially in the Visegrad group context

Issues: 
Rights and treatment of ethnic and other minorities in the Central
Europe and elsewhere - historical and comparative analysis: focus on
election laws, Benes decrees, positive discrimination in Europe and
the U.S.

Compliance with International and EU Law
Evaluation of current Slovak law in the context of international
cooperation and integration; Slovakia's international obligations
 
Issues: 
Minority rights and legal status of minorities in the context of
acquis communautaire, UNO and the Council of Europe standards, and the
bilateral agreements; implementation of the law
 
Consistent Body of Legislation
Identification of areas in the legal system for a potential
improvement, identification of "gaps" - especially in the context of
international obligations
 
Issues: 
Minority protection
 
Legal Interpretation
Identification and evaluation of interpretation of the currently valid
Slovak law - especially in the context of judicial decisions,
historical and comparative analysis and application of the
international and EU law
 
Issues: 
European Charter on Minority Languages
Act on Minority Languages
Amendments to the Constitution (if passed)
Analysis and evaluation of the decisions of the Slovak Constitutional
Court, European Court for Human Rights in Strasbourg, European Court
of Justice (EU), Constitutional Courts of the neighboring countries on
minority related cases
 

2) Reporting
 
Reporting and monitoring the legislative policy of the Slovak
government and parliament regarding minorities. Preparing reports for
European and international institutions, organizations, commissions
and NGO's. Commenting on the Slovak Republic's human rights reports,
and on the implementation of the Framework Convention on Protection of
National Minorities to the Council of Europe, as well as other
relevant international human rights documents signed and ratified by
the Slovak Republic.
 

3) Public relations
 
Publication of the analyses and the collections of laws and judicial
decisions. 
Publication of the recommendations on changing Slovak legislation. 
Publication of the human and minority rights reports. 
Round-tables with professionals on different cases.
Seminars for journalist on legal (minority) matters
 

4) Library
Gradual creation of legal library which will serve for analytic
purposes but might be also open to public, possibly in cooperation
with some of the academic institutions.

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