Towards a better understanding of the standard of adequate representation of persons belonging to national minorities in public sector

Abstract

Article 15 of the Framework Convention places an obligation upon the State Parties to provide conditions for the participation of persons of minority origin in the work of their public administration and other segments of the public sector. As it is the case with the other strands of Article 15, the degree of realisation of this duty is measured against the standard of adequate representation. Due to the novel nature of the obligation and the programmatic character of Article 15 the standard of adequate representation in non-elected public bodies has remained underdeveloped and vague. In the paper, the author seeks to identify the legal objectives behind the standard of adequate representation by analysing the Advisory Committee’s thematic commentaries and country-specific opinions. The purpose of the paper is to contribute to the further normative elaboration of the standard of adequate representation in a way which would increase its interpretative value.