Subject: Respect for linguistic diversity - discrimination and fundamental rights of Basque speakers in Navarra
Linguistic diversity is recognised as a citizens’ right under Articles 21 and 22 of the Charter of Fundamental Rights of the European Union. The report on endangered European languages and linguistic diversity in the European Union, adopted by Parliament on 26 June 2013, urges the Commission to take action to defend this expression of European diversity. In addition, it lauds the content of the European Charter for Regional or Minority Languages and lists some measures that contribute to the preservation of linguistic diversity. One of them is to guarantee the place and use of such languages in public administrations that serve their speakers. The EU is also called upon to condemn practices ‘by means of linguistic discrimination or enforced or concealed assimilation’, which are ‘directed against the identity and language use of endangered linguistic communities’. In light of this request by Parliament:
1. Does the Commission take the view that, in open competitions for employment in the administrative authorities serving speakers of minority languages, giving priority to languages of other Member States over and above such national minority languages which have official status in parts of the territory, is consistent with the European acquis to protect linguistic diversity?
2. Can this practice be said to constitute discrimination on linguistic grounds, which is expressly prohibited by the Treaties?
Answer given by Mrs Gabriel on behalf of the European Commission
(10 January 2020)
The Commission recognises the importance of protecting and promoting regional or minority languages in accordance with Articles 2 and 3 of the Treaty of the European Union, as well as Articles 21 and 22 of the EU Charter of Fundamental Rights. However, the Commission has no competence over issues relating to the recognition of the status of minorities or the use of minority languages, as, pursuant to Article 51 of the Charter, the provisions of the Charter are addressed to the Member States only when they are implementing Union law.
There is currently no European acquis in the area referred to by the Honourable Member. The EU's anti-discrimination legislation is based on Article 19 of the Treaty on the Functioning of the European Union, which provides the EU competence to combat discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability and sexual orientation, but not on any other grounds.
Member States are exclusively responsible for regulating — in accordance with their constitutional order and obligations under international law — the legal status and the use of national and regional languages within their territory , including the use of such languages in public administrations. If the implementation of linguistic regimes has been delegated to regional or local authorities, potential issues have to be settled at the appropriate national level.
In all cases, the authorities should strive for effective protection of the minorities in their territories, respecting both the obligations undertaken at national and international level, such as those arising from the European Charter for regional and minority languages of the Council of Europe, which has been ratified by Spain.