What can the EU do for minorities? A parliamentary question and a cautious reply

Earlier this year, a cross-party group of 23 MEPs led by FUEN president Loránt Vincze submitted a written question on “The role of the EU in protecting minority rights” to the European Commission.

The MEPs highlight concerns about a long-term trend: Europe’s traditional national and linguistic minorities are shrinking. They refer to a study on linguistic and cultural diversity by Paul Videsott, which shows that more than two-thirds of these communities have declined in number over the past four decades.

In their question, the MEPs ask how the Commission can support minority communities while respecting national competences, and how it intends to address discrimination and hate speech. They also raise whether the EU might encourage broader policies to counter the decline, noting that the Commission has intervened proactively in the past to support other minority groups. Finally, they suggest including minority protection in the annual Rule of Law Report and strengthening cooperation with the Council of Europe.

The Commission’s reply, published on 5 June and signed by Michael McGrath, is available here. McGrath – the Commissioner for Democracy, Justice and the Rule of Law – begins by recalling the existing legal framework. Article 2 of the Treaty on European Union protects the rights of persons belonging to minorities, and the EU Charter of Fundamental Rights prohibits discrimination on grounds including language and membership of a national minority. He notes that the Framework Decision on combating racism and xenophobia requires member states to criminalise specific forms of hate speech and hate crime.

The tone of the reply, however, is notably limited. McGrath stresses that the Charter applies to member states only when they are implementing EU law, and that the Commission acts strictly within those boundaries. He states that the Commission cannot intervene in individual cases of discrimination, hate speech or hate crime, and that it does not intend to expand the Rule of Law Report to include minority protection.

What the reply does not address is the central point raised by the MEPs: how the Commission might act within its existing mandate to support minority communities in practical terms. The response outlines legal constraints but offers no indication of whether the Commission sees a wider role for itself in responding to demographic decline or persistent discrimination.

The exchange illustrates differing views on the extent of the EU’s role in this field. While the MEPs sought clarification on how the Commission could contribute within its mandate, the Commission focused on the legal limits of its responsibilities and on the primary role of the member states.