Sociolegal Perspectives of Linguistic Minorities in Europe - (Basque Politics) by Ihintza Palacin Mariscal (Paperback)

About the Book

"This book addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This book examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology"--

Book Synopsis

This book addresses the legal framework and social embedding of
the Basque language. As a minority language located between two European
states (France and Spain) with different approach towards minority
languages, the task of understanding the legal framework of the Basque
language and its relationship with the community of speakers is
challenging. In fact, this legal framework results in a vast array of
legal rules for Basque speakers. This book examines the fundamental and
linguistic rights of these minority language speakers (norm users), from
international and European legal frameworks to national or regional
ones. It carries out a comparative analysis between France and Spain,
and between the three Basque regions to examine the legal framework.
This doctrinal analysis is complemented by the study of key actors
participating in the context and implementation of the legal norms
regulating the Basque language. An emphasis is placed on the analysis of
the relationship between the legal framework of the Basque language and
the Basque society, applying a sociolegal methodology.

Review Quotes

Ihintza Palacin's book offers a vivid picture of the "legal
life" of the Basque language in its diverse territorial habitats. The author
skillfully combines a comparative analysis of legal materials with acute
sociological insights gained through interviews and through direct observation.
This makes it a unique work on the sociolegal position of the Basque
language.

Professor Bruno
de Witte

Professor or European Union Law

Maastricht University

Ihintza Palacin has produced an excellent and comprehensive
analysis of the legal status of the Basque language in the Basque territories.
Basque has an official status of bilingualism in the Basque territories in
Spain, but this is an asymmetrical status: fully bilingual in all of the
Basque Autonomous Community, and only bilingual in some of the Basque speaking
territories of the Navarrese Autonomous or Foral Community. In the French
Basque territories, as in all of France, the status of regional languages,
other than French is unofficial.

Dr Palacin has produced the first comprehensive comparative
study of the constitutional and legal status of Basque, also taking into
account the relevant European law, spanning into the European Union and in the
Council of Europe. The monograph also provides an interpretative framework for
the understanding of language legal relationships, based on the norm user/norm
giver dichotomy, and aptly applies this framework to the concrete study of
areas such as education and media. It is a highly commendable addition to
comparative studies of regional languages in Europe and a compulsory reading
and reference for any scholar interested in the status of the Basque language.

Joxerramon Bengoetxea

Professor of Jurisprudence, Law School, University of the Basque Country /

Zuzenbidearen Filosofia eta Soziologiako Katedradun /
Catedrático de Filosofía y Sociología Jurídicas

About the Author

Ihintza PALACIN MARISCAL studied law at the Université de Pau et des
Pays de l'Adour (UPPA), in Bayonne, France, where she enrolled for a
semester at the University of the Basque Country (UPV/EHU) with a
cross-border grant. She then obtained an MA in sociology of law at the
International Institute for the Sociology of Law in Oñati, Spain. There,
she started exploring the Basque language and its cross-border
dimension. After she graduated, she was admitted to the European
University Institute, in Firenze, Italy, where, with the Salvador de
Madariaga grant, she obtained an LLM on comparative European and
International laws as well as a PhD in law. This book is based on that
research.
After the completion of her PhD, she has been working to create a Cross-
Border
Cooperation Institute at the Franco-Spanish border, the Euro-Institut
Pyrene. This project is a collaboration of three universities: UPPA via
its Center of European Documentation and Research (CDRE), the University
of the Basque Country (UPV/EHU), and the Public University of Navarre
(UPNA).
Since the project's funding was obtained by the Interreg
POCTEFA program and the strategic partnership with the Euroregion
Nouvelle-Aquitaine, Euskadi, Navarre, she has been part of the
coordinating team.
While creating and coordinating the project, she also started teaching
courses
about European cohesion policy and legal tools for cross-border
cooperation at the masters of cross-border collaboration of UPPA.
She is currently a lecturer on jurisprudence and philosophy of law at
UPV/EHU, where she was recently appointed as a member of the Commission of the Basque Language of the Law faculty.
In addition, she is an active member of the Oñati Community, a network
of
alumni and students linked to the International Institute for the
Sociology of Law, where she launched and coordinates the mentoring
initiative.