Ministers’ Deputies

Notes on the Agenda

CM/Notes/912/10.4 (restricted) 20 December 2004

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912 Meeting, 19 January 2005
10 Legal questions

10.4 European Charter for Regional or Minority Languages -
Report of the Committee of Experts in respect of Austria

Reference documents
CM(2004)225

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Action To consider, with a view to its adoption, the draft Recommendation of the Committee of Ministers to Austria regarding its implementation of the European Charter for Regional or Minority Languages.

Context

1.         The Committee of Experts of the European Charter for Regional or Minority Languages was set up in accordance with Article 17 of the Charter. Its main function is to evaluate, on a three-yearly basis, the application of the Charter by States Parties. Its evaluation is based on periodical reports and other information submitted by the States Parties, information received from legally established bodies and associations in the States Parties and information the Committee gathers during its “on-the-spot” visits to the countries. The Committee then prepares its own report, assessing the countries’ compliance with their undertakings, with a view to preparing recommendations to be adopted by the Committee of Ministers.

2.         In accordance with Article 16, paragraphs 3 and 4 of the Charter[1], the Committee of Experts has submitted to the Committee of Ministers its first report on the implementation of the Charter in Austria. The report (CM(2004)225) contains proposals from the Committee of Experts for recommendations of the Committee of Ministers to the Austrian authorities. The government concerned has had the opportunity to submit its observations on the report, in accordance with Article 16, paragraph 3 of the Charter. These observations are set out in Appendix II to the report (CM(2004)225).

3.         As regards the layout of the reports, Chapter I gives information on the work of the Committee of Experts, the language situation in the country concerned and the particular issues which arose in examination of the situation. Chapter II is a detailed assessment of compliance with Charter obligations. Chapter III sums up the Committee of Experts’ findings and puts forward recommendations that the Committee of Ministers could make to the country concerned.

Preparation and adoption of the Committee of Ministers’ recommendations

4.         Under the Charter, the Committee of Ministers is required to decide what action to take on the proposed recommendations put forward by the Committee of Experts regarding Austria (see Appendix to these Notes).

Procedure

5.         The Deputies agreed on the procedure for examining the reports at their 762nd meeting (5 September 2001, item 10.4). The Deputies are reminded that at the same meeting they authorised automatic declassification of each report after it had been examined by the Committee of Ministers unless the state concerned objected to its publication.

Background information concerning Austria

6.         Austria signed the Charter on 5 November 1992 and ratified it on 28 June 2001. The Charter entered into force in Austria on 1 October 2001.

Financing assured: YES

DRAFT DECISIONS

912th meeting – 19 January 2005

Item 10.4

European Charter for Regional or Minority Languages –
Report of the Committee of Experts in respect of Austria

(CM(2004)225)

Decisions

The Deputies

1.         took note of the first report of the Committee of Experts of the European Charter for Regional or Minority Languages in respect of Austria as it appears in CM(2004)225;

2.         adopted the recommendations proposed by the Committee of Experts as they appear at Appendix … to the present Volume of Decisions [see Appendix to these Notes] and agreed to forward them to the Austrian authorities.

Appendix

(Item 10.4)

Draft Recommendation RecChL(2005)...
of the Committee of Ministers
on the application of the European Charter for Regional or Minority Languages by Austria

(Adopted by the Committee of Ministers on … … 2005
at the … meeting of the Ministers’ Deputies) 

The Committee of Ministers,

In accordance with Article 16 of the European Charter for Regional or Minority Languages;

Having regard to the instrument of ratification deposited by Austria on 28 June 2001;

Having taken note of the evaluation made by the Committee of Experts on the Charter with respect to the application of the Charter by Austria;

Having taken note of the comments made by the Austrian authorities on the contents of the Committee of Experts' report;

Bearing in mind that this evaluation is based on information submitted by Austria in its national report, supplementary information provided by the Austrian authorities, information submitted by bodies and associations legally established in Austria and information obtained by the Committee of Experts during its “on-the-spot” visit;

Recommends that the authorities of Austria take account of all the observations of the Committee of Experts and, as a matter of priority:

1.         adopt a structural policy for the protection and promotion of all Part II languages and create conditions for their use in public life;

2.         ensure that the ruling of the Constitutional Court relating to the use of the Slovene language before administrative authorities in Carinthia is implemented without delay;

3.         ensure that bilingual teaching takes place in practice in all relevant schools in Burgenland;

4.         ensure that changes to the status of schools or to the rules regarding the appointment of staff of schools in the Slovene language area do not negatively affect Slovene‑language education in Carinthia;

5.         ensure that the Burgenland‑Croatian, Slovene and Hungarian languages can be used before the relevant judicial and administrative authorities in practice;

6.         increase radio broadcasting in Burgenland-Croatian and Hungarian, and television broadcasting in Burgenland‑Croatian, Slovene and Hungarian.