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Language law of Slovakia

Language law of Slovakia is primarily governed by two acts:[1]

  • The Act on the State Language of the Slovak Republic[2] (Act No. 270/1995[3]), also known as the "State Language Act".[3][4] It fixes the status and regulates the use of the Slovak language. It took force on 1 January 1996 (except article 10, which entered into force on 1 January 1997), and underwent several amendments, such as by Act No. 204/2011.[5]
  • The Act on the Use of Languages of National Minorities[6] (Act No. 184/1999[7]), also known as the "Minority Language Act".[5] Amongst other things, it stipulates that municipalities where at least 15% of the population in two consecutive censuses speak the same minority language, have the right to use their minority language in official communications with local authorities, who are required to respond in that minority language.[1]

A further Act on the Status of National Minorities, covering several aspects of education, was in preparation as of 2022.[8]

Legal texts edit

Article 6 Constitution of Slovakia edit

1. The State Language on the territory of the Slovak Republic is the Slovak language.
2. The use of languages other than the state language in official communications shall be laid down by law.

State Language Act edit

[Preamble] Bearing in mind that the Slovak language is the most important attribute of the Slovak nation's specificity and the most precious value of its cultural heritage, as well as an expression of sovereignty of the Slovak Republic and a general vehicle of communication for all its citizens, which secures their freedom and equality in dignity and rights1 in the territory of the Slovak Republic, the National Council of the Slovak Republic has resolved to adopt the following Act:

1 Introductory Provision

(1) The Slovak language shall be the state language in the territory of the Slovak Republic.2
(2) The state language shall have priority over other languages used in the territory of the Slovak Republic.
(3) This Act does not regulate the use of liturgical languages. The use of such languages is governed by the regulations of churches and religious communities.3
(4) Unless this Act provides otherwise, the use of the languages of national minorities and ethnic groups are governed by separate regulations.4
— Preamble and Article 1 of the State Language Act (as of February 2020)[10]

In the mixed territories, bilingualism is preserved. In towns with a minority of at least 10%, it is possible to use the minority language in certain official situations. The law names several circumstances of public and official situations,[vague]  – e.g. doctors[11] (although all medical personnel are exempt from the financial sanctions[12]) – in which the use of the Slovak language should take precedence[12] both in written and spoken form. Despite this, the law does not apply to the Czech language, which can be used in any circumstance and occasion whatsoever, as Czech and Slovak are mutually intelligible.[citation needed]

Minority Language Act edit

A citizen of the Slovak Republic who is a person belonging to a national minority has the right to use, apart from the State Language1, his or her national Minority Language (hereinafter referred to as „Minority Language“). The purpose of this Act is to lay down, in conjunction with specific legal acts2, the rules governing the use of Minority Languages also in official communication.

— Article 1 of the Act on the Use of Languages of National Minorities of 10 July 1999[13]

Footnote 1 in Article 1 of the Minority Language Act refers to Article 1, paragraph 4 of State Language Act, while footnote 2 refers to various other legal acts.[13]

History of legislation edit

1990 edit

The Act of the Slovak National Council No. 428/1990 Coll. on the Official Language in the Slovak Republic[14] was adopted on 25 October 1990, when Slovakia was still part of Czechoslovakia (known as the Czech and Slovak Federative Republic from 23 April 1990 to 31 December 1992).[15] In communities having at least a 20% minority population, the minority language could be used in all official communications.[16][15]

According to González (2001), minority languages were in fact used in all official communications, while Daftary & Gál (2000) asserted that although the Act 'was a legitimate step in language policy',[17] 'employees of state administration and local self-government bodies were not required to know and use the minority language', and they could restrict the use of minority languages.[17] Kontra (1995, 1996) concluded that 'the Act on the Official Language resulted in confusion and inter-ethnic antagonism', with Slovak nationalists claiming it went too far, and Hungarian minority members claiming it hadn't gone far enough.[17] Several linguistic disputes emerged. For example, some mayors in bilingual municipalities had begun putting up bilingual place name signs, in October 1991 leading the Ministry of the Interior to claim these signs were illegal and to order them taken down, whereas minority Hungarians argued the Act did not explicitly prohibit such signs, and thus "what is not prohibited is permitted".[17]

The Act was repealed when the Act No. 270/1995 (State Language Act) entered into force on 1 January 1996.[18]

1995 edit

In 1993, Czechoslovakia dissolved into the Czech Republic and Slovakia. The Slovak National Party and its cultural organization Matica Slovenska urged the creation of laws to "protect" the state language. The modifications (called "language law without exceptions") of 1995 contained punishments for not using Slovak in official communication, regardless of the percentage of the minority in the area.[neutrality is disputed] This[vague] was later shown to violate the constitution of Slovakia and was abolished by the Constitutional Court.[19][dubious ] The new 1995 law vacates the earlier.

1999 edit

For the accession of Slovakia to the European Union, Slovakia had to accept a law on minority language use. This was created in 1999, and allowed use of minority languages in public situations[vague] (such as hospitals) in areas with at least 20% minority.[19]

2009 amendments controversy edit

 
Areas in Slovakia where Hungarian speakers made up at least 20% around the year 2008[citation needed]

In 2009 the Slovak parliament passed a language law, mandating preferential use of the state language – Slovak.[20] Use of a non-state language when conducting business could carry a financial penalty. Similarly, a penalty could be given for publishing books, journals or scientific proceedings in a language other than Slovak, or for singing in public in languages other than Slovak or the song's original language.

The 2009 amendment has been severely criticized by Hungarians in Slovakia, as well as the government, civil organizations and general public of neighboring Hungary, for being discriminatory toward Hungarians and their rights to use their Hungarian language.[21][22] The controversy about the law is one of the key points in Hungary–Slovakia relations, brought to their lowest point for many years.[23]

Opponents have described the law as one that "criminalises the use of Hungarian;"[24] however, according to the Slovak government, the law itself doesn't interfere with use of minority languages.[25]

Criticism in Hungary edit

Gordon Bajnai, the Hungarian Prime Minister, has charged Slovakia of scapegoating Hungarian speakers.[26] Hungarian foreign minister Péter Balázs compared the creation of the language law to the politics of the Nicolae Ceauşescu regime on the use of language.[27][28][29] Hungarian newspaper Budapest Times has questioned the dual standards for use the Czech language in Slovakia;[30] however, this charge ignores the mutual intelligibility between Czech and Slovak,[31] which renders them compatible in business and law.

President of Hungary László Sólyom expressed his worries about the law, because according to him the law violates "the spirit and at some places the word" of several bi- and multilateral agreements, and its perceived philosophy of "converting a multi-ethnic state to homogenous nation state" and "forced assimilation" is incompatible with the values of the European Union and the international laws protecting minorities.[citation needed]

Hungarian Prime Minister Gordon Bajnai said the law violates the words and the spirit of several bilateral and international agreements. He said Slovak politicians "do nationalism for a living" and he suspects the minority issues are getting into the foreground in Slovakia "to cover real problems".[citation needed]

Péter Balázs, Foreign Minister of Hungary, told Die Presse that Robert Fico, the Slovak Prime Minister, is "unfortunately trying to get popularity by cheap means".[32]

According to Balázs, the real reason for the language law is gaining voters for the parliamentary elections of next year in Slovakia, by "playing the 'Hungarian card'", and sees the issue as "part of a little political game". He also stated that regarding the bilateral relations, he doesn't expect much from Robert Fico any more. Hungarian foreign minister Péter Balázs compared the creation of the language law to the politics of the Ceauşescu regime on the use of language.[27]

All four parties of the Parliament of Hungary (Hungarian Socialist Party, Fidesz, Christian Democratic People's Party, Alliance of Free Democrats) issued a joint declaration asking Slovakia to repel the legislation.[citation needed]

Viktor Orbán, chairman of Hungary's opposition Fidesz and a former Prime Minister (1998–2002), said no 20th-century country "would have allowed themselves" such regulations, and called it an "absurdity" that Slovaks do it at the end of the first decade of the 21st century. Orbán added that not only democracies "but also mentally sound regimes" would not have tried creating such regulations, or "at least not without the risk of being ridiculed".[citation needed]

Former Hungarian Prime Minister Ferenc Gyurcsány also condemned the law in his blog, calling it an "outrage", and stated that there can be "no explanation or excuse" to make it acceptable:[33]

Lajos Bokros, Member of the European Parliament (MEP) and former Hungarian Minister of Finance, condemned the law in a letter stating that Hungarians in Slovakia "want to get along on their homeland", and reminded Slovakia's MEPs that the Hungarian minority did a great contribution to Slovakia joining the European Union and the Eurozone.[citation needed]

Hungarian radical right-wing party Jobbik organized a half-road block demonstration on the border in Komárom, stating that "the issue is no longer an internal affair of Slovakia, but an issue of European level". Chairman Gábor Vona called the law "the shame of Europe", by which Slovakia "goes beyond the frameworks of democracy", he called the Slovak politics "aggressive and racist". Vona urged peace between Hungary and Slovakia as he fears there will be a laughing third who profits from the conflicts, naming globalization as a common enemy of the two nations.[34]

Hungarian Academy of Sciences edit

The Research Institute for Linguistics of the Hungarian Academy of Sciences published a Statement on the Amendment of the Slovak Language Law, and it has been signed by many people from around the world, including linguists such as Noam Chomsky, Peter Trudgill, Bernard Comrie, Ian Roberts, and Ruth Wodak.[35]

The Ethnic-National Minority Institute of the Hungarian Academy of Sciences analyzed the law and found that "in the interest of protecting and supporting the mother tongue, the Slovak legislature's law amendment violates several basic rights the protection of which is in any case required by international legal obligations". The institute brought an example of a fireman helping an escaping person who does not speak Slovak, and is forced to only reply in Slovak, according to their analysis of the law.[36]

International reaction edit

OSCE edit

 
Knut Vollebæk, Organization for Security and Co-operation in Europe High Commissioner on National Minorities concluded that the law does not violate any international standards.

Organization for Security and Co-operation in Europe High Commissioner on National Minorities, Knut Vollebæk, reviewed the law and issued a report in which he concluded that:

When read systematically, it is clear that the extension of the scope of application of the Law does not (and cannot) imply a restriction of the linguistic rights of persons belonging to national minorities.[37]

— Knut Vollebæk

He also stated that the law itself does not violate any international standards or obligations of the Slovak Republic; it is more the perception of the newly enacted possible financial penalisation that can exacerbate the already present tensions. He also called for a very reserved application of the penalisation clause.[37]

The Party of the Hungarian Coalition (MKP) asked the Slovak Government to release communication exchanged between them and Vollebæk[38] so that the opinion of Vollebæk regarding the law could not be misrepresented or distorted. According to the Slovak Ministry of Foreign Affairs the report was released unchanged and in full. Spokesman Peter Stano stated: "It is obvious that the Party of the Hungarian Coalition was unable to question the reliability of the Vollebæk report, that law is following the legitimate goal and it's in accordance with all international norms."[39] Vollebaek will monitor the situation until the law on minority language use will reach the level of the state language law in Slovakia.[40]

Slovak Academy of Sciences edit

Slovak linguists from the Ľudovít Štúr Institute of Linguistics of the Slovak Academy of Sciences are reluctant to comment on the amendment, as the issue is highly politicised. In their opinion, however, aside from the fines, the law introduces only minor changes to the wording previously enacted.

European Parliament (EP) edit

 
Jerzy Buzek, President of the European Parliament said the issue revolving around the law harms the spirit of European integration and the principles of democracy.

According to the European Bureau for Lesser-Used Languages (EBLUL), the President of the European Parliament, Jerzy Buzek, said the issue was beyond being simply an affair between Slovakia and Hungary and was becoming an issue of the whole European Union because it harms the spirit of European integration and the principles of democracy.[41] However, he said "we need to study it thoroughly in order to find out whether the legal framework has been violated".[42]

Michael Gahler, Member of the European Parliament (MEP) and Vice-Chairman of the European Parliament's Foreign Affairs Committee, also criticized the act, saying Slovak Prime Minister Robert Fico and his coalition partners "have yet neither mentally nor politically arrived in Europe".[43] Gahler stated that Slovakia is violating "commonly respected standards in the EU" and is disregarding the recommendations of the Council of Europe, "which foresee the extended use of minority languages". According to Gahler, Slovakia risks discrediting itself as an EU member and could again become a "totalitarian state" if the new provisions are consistently applied. He suggested that a "modern and open Slovakia communicating and cooperating closely with its neighbours" would be better both for the country and its citizens; however, he does not expect this from the present Slovak government coalition.

Federal Union of European Nationalities edit

 
Hans Heinrich Hansen, president of the Federal Union of European Nationalities (FUEN) called the law absurd.

According to Hans Heinrich Hansen, president of the Federal Union of European Nationalities (FUEN), "a language law which makes it a punishable offence to use a language does not belong on the statute books of a European country". He said this law is "totally absurd"[44] and "insane".[45]

FUEN published an article titled "The right to one's own native language – the language law in Slovakia" in which Hansen is quoted as arguing that the authors of the law made their "first main error in reasoning" by failing to realize that "Hungarian is not a foreign language in Slovakia, but the native language of around 500,000 Hungarian-speaking citizens". According to Hansen, Slovakia must protect and promote the native language of all its citizens, also of its Hungarian-speaking citizens.[45]

Hansen recommended examination of a good example of minority treatment, that of the Swedish-speaking population in Finland. He promised that FUEN will speak in Brussels about the issue of the law.[44]

Forum Minority Research Institute edit

Kálmán Petőcz of the independent Forum Minority Research Institute in Slovakia told IPS that the law "could be seen as an expression of the superiority of Slovaks over all other nationalities in Slovakia". He said it only serves to worsen the everyday relations between Slovaks and ethnic Hungarians, and also quoted research "showing that many young Slovak schoolchildren have prejudiced attitudes towards their Hungarian counterparts".[46]

Petőcz thinks some politicians in the government are "clearly nationalist and anti-Hungarian", however he sees most of the government as "just populist", who try to find "any 'enemy' to pick on and use that to win votes".

László Ollós, a political analyst of the same institute, criticized the law for being too ambiguous, in order "to give as much power as possible to bureaucrats, so that they alone can decide when to apply the law and when not to".[46]

Demonstrations edit

On September 1, ethnic Hungarians of Slovakia held a demonstration in the stadium of Dunajská Streda (Hungarian: Dunaszerdahely) against the law.[47] The BBC gives the number of protesters as around 10,000,[23] but the Slovak paper Pravda cites only 6,000.[48] The event was attended by several hundred extremists, mostly Hungarian nationals,[dubious ] who expressed their vocal support for a territorial autonomy and chanted "Death to Trianon". These were not addressed directly nor denounced ex post by the organizing party of SMK and its leader Pál Csaky. The attendees also claimed that they were "not protesting against Slovaks in general, they were protesting the fact, that they have no rights whatsoever as a national minority". All the major Slovak political parties denounced the meeting as counterproductive feat, that will only exacerbate the tension.[49]

2011 amendments edit

After 2010 elections new government repealed controversial parts introduced by 2009 amendment. The Slovak Culture Ministry reported that the amendment has removed ‘nonsensical restrictions and limitations concerning national minorities’. “We claim that the era of fear, when citizens were afraid to speak their language in public offices regardless of whether they had a reason to be afraid or not, has ended,” said Béla Bugár chairman of Most-Híd, after the amendment was agreed.[50]

See also edit

References edit

  1. ^ a b ACFC 2022, p. 28–29.
  2. ^ ACFC 2022, p. 28.
  3. ^ a b Bartole 2010, I. Introduction.
  4. ^ ACFC 2022, p. 5, 21, 31, 41.
  5. ^ a b ACFC 2022, p. 29.
  6. ^ ACFC 2022, p. 5, 6, 28–31, 42, 45.
  7. ^ ACFC 2022, p. 8.
  8. ^ ACFC 2022, p. 8–9, 35, 39.
  9. ^ Bartole 2010, II. Background.
  10. ^ National Council of the Slovak Republic 2020, p. 1.
  11. ^ "Anger as Slovak language law comes into force". Euranet.eu. September 1, 2009. Archived from the original on September 4, 2012. Retrieved September 4, 2009.
  12. ^ a b "Maďarič: Lekári nedostanú pokuty za porušenie jazykového zákona" (in Slovak). Pravda. 2009-06-09. Retrieved 2009-09-10.
  13. ^ a b ACFC/SR 2005, p. 2–3.
  14. ^ National Council of the Slovak Republic 2020, p. 10.
  15. ^ a b Daftary & Gál 2000, p. 20.
  16. ^ González, Roseann Dueñas (2001). Language Ideologies: Critical Perspectives on the Official English Movement, Volume II: History, Theory, and Policy. Routledge. p. 303. ISBN 978-0-8058-4054-4.
  17. ^ a b c d Daftary & Gál 2000, p. 21.
  18. ^ National Council of the Slovak Republic 2020, p. 10–11.
  19. ^ a b Orosz, Andrea (July 21, 2009). [Language law and fear – "This can't be done in Europe"] (in Hungarian). Hírsarok.hu. Archived from the original on July 25, 2009. Retrieved September 4, 2009.
  20. ^
  21. ^ von Tiedemann, Cornelius (August 13, 2009-10). . Archived from the original on February 20, 2012. Retrieved 2009-09-04. (in German and English). Nordschleswiger.dk.
  22. ^ . Archived from the original on July 23, 2012. Retrieved 2014-06-03.. Euranet.eu. August 4, 2009.
  23. ^ a b "Protests over Slovak language law". BBC News. September 2, 2009. Retrieved September 4, 2009.
  24. ^ The Economist Slovakia criminalises the use of Hungarian
  25. ^ National council of Slovak republic - language law.
  26. ^ . Archived from the original on 2009-10-08. Retrieved 2010-06-27.
  27. ^ a b Kiakasztotta a szlovákokat Balázs Péter
  28. ^ Pozsony felháborodásának adott hangot Balázs Péter interjújával kapcsolatban[permanent dead link]
  29. ^ Besokallt a szlovák külügy Balázs interjúja miatt
  30. ^ . Archived from the original on October 17, 2011. Retrieved 2014-06-04.
  31. ^ Trudgill, Peter (2004). "Glocalisation and the Ausbau sociolinguistics of modern Europe" (PDF). In Duszak, Anna; Okulska, Urszula (eds.). Speaking from the Margin: Global English from a European Perspective. Polish Studies in English Language and Literature 11. Peter Lang. ISBN 0-8204-7328-6.[permanent dead link]
  32. ^ Bognár, Peter (September 2, 2009). "Balazs: "Slowakei hat sich ein Eigentor geschossen"" [Balázs: "Slovakia shot an own goal"] (in German). Die Presse. Retrieved September 4, 2009.[permanent dead link]
  33. ^ Gyurcsány, Ferenc (September 4, 2009). "A szlovák nyelvtörvényről négy tételben" (in Hungarian). Kapcsolat.hu. Retrieved September 4, 2009.
  34. ^ "Vona Gábor: A nyelvtörvény európai szintű ügy" [Gábor Vona: The language law is an issue of European level] (in Hungarian). Bumm.sk. September 1, 2009. Retrieved September 4, 2009.
  35. ^ Statement on the Amendment of the Slovak Language Law; this has a link to the list of signatories.
  36. ^ . Politics.hu. August 26, 2009. Archived from the original on August 10, 2011. Retrieved September 4, 2009.
  37. ^ a b "Vollebaek: S jazykovými pokutami narábajte opatrne". SME.sk. 2009-07-22. Retrieved 2009-09-10.
  38. ^ Az MKP kíváncsi a nyelvtörvénnyel kapcsolatos levelezésre az EBESZ-szel 2011-07-25 at the Wayback Machine
  39. ^ "SMK vyzvala vládu aby zverejnila celú korešpondenciu s Vollebaekom".
  40. ^ "Szlovák nyelvtörvény: Budapest üdvözli Vollebaek nyilatkozatát". HVG (in Hungarian). 2010-01-04.
  41. ^ "Opposition mounts to Slovakia's language law". European Bureau for Lesser-Used Languages. July 22, 2009. Retrieved September 4, 2009.
  42. ^ "EP President suggests bilateral talks on Slovak-Hungarian issues". The Slovak Spectator. September 3, 2009. Retrieved September 4, 2009.
  43. ^ Gahler, Michael (July 9, 2009). . EPP Group of the European Parliament. Archived from the original on July 15, 2009. Retrieved September 4, 2009.
  44. ^ a b von Tiedemann, Cornelius (July 29, 2009). [Hansen: Minority-harassment in Slovakia is absurd] (in German). Nordschleswiger.dk. Archived from the original on June 9, 2011. Retrieved September 4, 2009.
  45. ^ a b Jan, Diedrichsen (August 3, 2009). . Federal Union of European Nationalities. Archived from the original on February 22, 2020. Retrieved September 4, 2009.
  46. ^ a b Stracansky, Pavol (July 19, 2009). . IPS news. Archived from the original on August 8, 2009. Retrieved September 4, 2009.
  47. ^ "Slovak Hungarians protest at new language law". Euronews. September 1, 2009. Retrieved September 4, 2009.
  48. ^ "Takmer 6000 ľudí protestovalo proti jazykovému zákonu". Pravda. 2009-09-01. Retrieved 2009-09-10.
  49. ^ "Slota straší maďarskou vojnou". 2009-09-01. Retrieved 2009-09-10.
  50. ^ "Cabinet okays language law amendment". The Slovak Spectator. 4 October 2010. Retrieved 6 August 2019.

Bibliography edit

  • ACFC/SR, Advisory Committee on the Framework Convention for the Protection of National Minorities / Slovak Republic (3 January 2005). "Second Report submitted by the Slovak Republic pursuant to Article 25, Paragraph 1 of the Framework Convention for the Protection of National Minorities (ACFC/SR/II(2005)001)". Secretariat of the Framework Convention for the Protection of National Minorities (FCNM). Retrieved 21 March 2023.
  • ACFC, Advisory Committee on the Framework Convention for the Protection of National Minorities (2 February 2022). "Fifth Opinion on the Slovak Republic". Secretariat of the Framework Convention for the Protection of National Minorities (FCNM). Retrieved 21 March 2023.
  • Bartole, Sergio (21 October 2010). "CDL-AD(2010)035 – Opinion on the Act on the State Language of the Slovak Republic". Venice Commission. Archived from the original on 2012-08-05. Retrieved 21 March 2023.
  • Daftary, Farimah; Gál, Kinga (September 2000). The new Slovak language law: Internal of external politics? (PDF). ECMI Working Paper No. 8. Flensburg, Germany: European Centre for Minority Issues (ECMI). ISSN 1435-9812. Retrieved 21 March 2023.().
  • National Council of the Slovak Republic (February 2020). "Act of the National Council of the Slovak Republic on the State Language of the Slovak Republic" (PDF). Ministry of Culture (Slovakia). Retrieved 21 March 2023. (official English translation of the State Language Act as of February 2020)

External links edit

  • National Council of the Slovak Republic (28 September 2010). "CDL(2010)076 Act of the National Council NO. 270/1995 Coll. on the State Language of the Slovak Republic". Venice Commission. Retrieved 21 March 2023. (official English translation of the State Language Act as of 2009). ()
  • Ministry of Culture of Slovakia

language, slovakia, primarily, governed, acts, state, language, slovak, republic, 1995, also, known, state, language, fixes, status, regulates, slovak, language, took, force, january, 1996, except, article, which, entered, into, force, january, 1997, underwent. Language law of Slovakia is primarily governed by two acts 1 The Act on the State Language of the Slovak Republic 2 Act No 270 1995 3 also known as the State Language Act 3 4 It fixes the status and regulates the use of the Slovak language It took force on 1 January 1996 except article 10 which entered into force on 1 January 1997 and underwent several amendments such as by Act No 204 2011 5 The Act on the Use of Languages of National Minorities 6 Act No 184 1999 7 also known as the Minority Language Act 5 Amongst other things it stipulates that municipalities where at least 15 of the population in two consecutive censuses speak the same minority language have the right to use their minority language in official communications with local authorities who are required to respond in that minority language 1 A further Act on the Status of National Minorities covering several aspects of education was in preparation as of 2022 8 Contents 1 Legal texts 1 1 Article 6 Constitution of Slovakia 1 2 State Language Act 1 3 Minority Language Act 2 History of legislation 2 1 1990 2 2 1995 2 3 1999 3 2009 amendments controversy 3 1 Criticism in Hungary 3 1 1 Hungarian Academy of Sciences 3 2 International reaction 3 2 1 OSCE 3 2 2 Slovak Academy of Sciences 3 2 3 European Parliament EP 3 2 4 Federal Union of European Nationalities 3 2 5 Forum Minority Research Institute 3 3 Demonstrations 4 2011 amendments 5 See also 6 References 7 Bibliography 8 External linksLegal texts editArticle 6 Constitution of Slovakia edit 1 The State Language on the territory of the Slovak Republic is the Slovak language 2 The use of languages other than the state language in official communications shall be laid down by law Article 6 Constitution of Slovakia 9 State Language Act edit Preamble Bearing in mind that the Slovak language is the most important attribute of the Slovak nation s specificity and the most precious value of its cultural heritage as well as an expression of sovereignty of the Slovak Republic and a general vehicle of communication for all its citizens which secures their freedom and equality in dignity and rights1 in the territory of the Slovak Republic the National Council of the Slovak Republic has resolved to adopt the following Act 1 Introductory Provision 1 The Slovak language shall be the state language in the territory of the Slovak Republic 2 2 The state language shall have priority over other languages used in the territory of the Slovak Republic 3 This Act does not regulate the use of liturgical languages The use of such languages is governed by the regulations of churches and religious communities 3 4 Unless this Act provides otherwise the use of the languages of national minorities and ethnic groups are governed by separate regulations 4 Preamble and Article 1 of the State Language Act as of February 2020 10 In the mixed territories bilingualism is preserved In towns with a minority of at least 10 it is possible to use the minority language in certain official situations The law names several circumstances of public and official situations vague e g doctors 11 although all medical personnel are exempt from the financial sanctions 12 in which the use of the Slovak language should take precedence 12 both in written and spoken form Despite this the law does not apply to the Czech language which can be used in any circumstance and occasion whatsoever as Czech and Slovak are mutually intelligible citation needed Minority Language Act edit A citizen of the Slovak Republic who is a person belonging to a national minority has the right to use apart from the State Language1 his or her national Minority Language hereinafter referred to as Minority Language The purpose of this Act is to lay down in conjunction with specific legal acts2 the rules governing the use of Minority Languages also in official communication Article 1 of the Act on the Use of Languages of National Minorities of 10 July 1999 13 Footnote 1 in Article 1 of the Minority Language Act refers to Article 1 paragraph 4 of State Language Act while footnote 2 refers to various other legal acts 13 History of legislation edit1990 edit The Act of the Slovak National Council No 428 1990 Coll on the Official Language in the Slovak Republic 14 was adopted on 25 October 1990 when Slovakia was still part of Czechoslovakia known as the Czech and Slovak Federative Republic from 23 April 1990 to 31 December 1992 15 In communities having at least a 20 minority population the minority language could be used in all official communications 16 15 According to Gonzalez 2001 minority languages were in fact used in all official communications while Daftary amp Gal 2000 asserted that although the Act was a legitimate step in language policy 17 employees of state administration and local self government bodies were not required to know and use the minority language and they could restrict the use of minority languages 17 Kontra 1995 1996 concluded that the Act on the Official Language resulted in confusion and inter ethnic antagonism with Slovak nationalists claiming it went too far and Hungarian minority members claiming it hadn t gone far enough 17 Several linguistic disputes emerged For example some mayors in bilingual municipalities had begun putting up bilingual place name signs in October 1991 leading the Ministry of the Interior to claim these signs were illegal and to order them taken down whereas minority Hungarians argued the Act did not explicitly prohibit such signs and thus what is not prohibited is permitted 17 The Act was repealed when the Act No 270 1995 State Language Act entered into force on 1 January 1996 18 1995 edit In 1993 Czechoslovakia dissolved into the Czech Republic and Slovakia The Slovak National Party and its cultural organization Matica Slovenska urged the creation of laws to protect the state language The modifications called language law without exceptions of 1995 contained punishments for not using Slovak in official communication regardless of the percentage of the minority in the area neutrality is disputed This vague was later shown to violate the constitution of Slovakia and was abolished by the Constitutional Court 19 dubious discuss The new 1995 law vacates the earlier 1999 edit For the accession of Slovakia to the European Union Slovakia had to accept a law on minority language use This was created in 1999 and allowed use of minority languages in public situations vague such as hospitals in areas with at least 20 minority 19 2009 amendments controversy edit nbsp Areas in Slovakia where Hungarian speakers made up at least 20 around the year 2008 citation needed In 2009 the Slovak parliament passed a language law mandating preferential use of the state language Slovak 20 Use of a non state language when conducting business could carry a financial penalty Similarly a penalty could be given for publishing books journals or scientific proceedings in a language other than Slovak or for singing in public in languages other than Slovak or the song s original language The 2009 amendment has been severely criticized by Hungarians in Slovakia as well as the government civil organizations and general public of neighboring Hungary for being discriminatory toward Hungarians and their rights to use their Hungarian language 21 22 The controversy about the law is one of the key points in Hungary Slovakia relations brought to their lowest point for many years 23 Opponents have described the law as one that criminalises the use of Hungarian 24 however according to the Slovak government the law itself doesn t interfere with use of minority languages 25 Criticism in Hungary edit Gordon Bajnai the Hungarian Prime Minister has charged Slovakia of scapegoating Hungarian speakers 26 Hungarian foreign minister Peter Balazs compared the creation of the language law to the politics of the Nicolae Ceausescu regime on the use of language 27 28 29 Hungarian newspaper Budapest Times has questioned the dual standards for use the Czech language in Slovakia 30 however this charge ignores the mutual intelligibility between Czech and Slovak 31 which renders them compatible in business and law President of Hungary Laszlo Solyom expressed his worries about the law because according to him the law violates the spirit and at some places the word of several bi and multilateral agreements and its perceived philosophy of converting a multi ethnic state to homogenous nation state and forced assimilation is incompatible with the values of the European Union and the international laws protecting minorities citation needed Hungarian Prime Minister Gordon Bajnai said the law violates the words and the spirit of several bilateral and international agreements He said Slovak politicians do nationalism for a living and he suspects the minority issues are getting into the foreground in Slovakia to cover real problems citation needed Peter Balazs Foreign Minister of Hungary told Die Presse that Robert Fico the Slovak Prime Minister is unfortunately trying to get popularity by cheap means 32 According to Balazs the real reason for the language law is gaining voters for the parliamentary elections of next year in Slovakia by playing the Hungarian card and sees the issue as part of a little political game He also stated that regarding the bilateral relations he doesn t expect much from Robert Fico any more Hungarian foreign minister Peter Balazs compared the creation of the language law to the politics of the Ceausescu regime on the use of language 27 All four parties of the Parliament of Hungary Hungarian Socialist Party Fidesz Christian Democratic People s Party Alliance of Free Democrats issued a joint declaration asking Slovakia to repel the legislation citation needed Viktor Orban chairman of Hungary s opposition Fidesz and a former Prime Minister 1998 2002 said no 20th century country would have allowed themselves such regulations and called it an absurdity that Slovaks do it at the end of the first decade of the 21st century Orban added that not only democracies but also mentally sound regimes would not have tried creating such regulations or at least not without the risk of being ridiculed citation needed Former Hungarian Prime Minister Ferenc Gyurcsany also condemned the law in his blog calling it an outrage and stated that there can be no explanation or excuse to make it acceptable 33 Lajos Bokros Member of the European Parliament MEP and former Hungarian Minister of Finance condemned the law in a letter stating that Hungarians in Slovakia want to get along on their homeland and reminded Slovakia s MEPs that the Hungarian minority did a great contribution to Slovakia joining the European Union and the Eurozone citation needed Hungarian radical right wing party Jobbik organized a half road block demonstration on the border in Komarom stating that the issue is no longer an internal affair of Slovakia but an issue of European level Chairman Gabor Vona called the law the shame of Europe by which Slovakia goes beyond the frameworks of democracy he called the Slovak politics aggressive and racist Vona urged peace between Hungary and Slovakia as he fears there will be a laughing third who profits from the conflicts naming globalization as a common enemy of the two nations 34 Hungarian Academy of Sciences edit The Research Institute for Linguistics of the Hungarian Academy of Sciences published a Statement on the Amendment of the Slovak Language Law and it has been signed by many people from around the world including linguists such as Noam Chomsky Peter Trudgill Bernard Comrie Ian Roberts and Ruth Wodak 35 The Ethnic National Minority Institute of the Hungarian Academy of Sciences analyzed the law and found that in the interest of protecting and supporting the mother tongue the Slovak legislature s law amendment violates several basic rights the protection of which is in any case required by international legal obligations The institute brought an example of a fireman helping an escaping person who does not speak Slovak and is forced to only reply in Slovak according to their analysis of the law 36 International reaction edit OSCE edit nbsp Knut Vollebaek Organization for Security and Co operation in Europe High Commissioner on National Minorities concluded that the law does not violate any international standards Organization for Security and Co operation in Europe High Commissioner on National Minorities Knut Vollebaek reviewed the law and issued a report in which he concluded that When read systematically it is clear that the extension of the scope of application of the Law does not and cannot imply a restriction of the linguistic rights of persons belonging to national minorities 37 Knut VollebaekHe also stated that the law itself does not violate any international standards or obligations of the Slovak Republic it is more the perception of the newly enacted possible financial penalisation that can exacerbate the already present tensions He also called for a very reserved application of the penalisation clause 37 The Party of the Hungarian Coalition MKP asked the Slovak Government to release communication exchanged between them and Vollebaek 38 so that the opinion of Vollebaek regarding the law could not be misrepresented or distorted According to the Slovak Ministry of Foreign Affairs the report was released unchanged and in full Spokesman Peter Stano stated It is obvious that the Party of the Hungarian Coalition was unable to question the reliability of the Vollebaek report that law is following the legitimate goal and it s in accordance with all international norms 39 Vollebaek will monitor the situation until the law on minority language use will reach the level of the state language law in Slovakia 40 Slovak Academy of Sciences edit Slovak linguists from the Ľudovit Stur Institute of Linguistics of the Slovak Academy of Sciences are reluctant to comment on the amendment as the issue is highly politicised In their opinion however aside from the fines the law introduces only minor changes to the wording previously enacted European Parliament EP edit nbsp Jerzy Buzek President of the European Parliament said the issue revolving around the law harms the spirit of European integration and the principles of democracy According to the European Bureau for Lesser Used Languages EBLUL the President of the European Parliament Jerzy Buzek said the issue was beyond being simply an affair between Slovakia and Hungary and was becoming an issue of the whole European Union because it harms the spirit of European integration and the principles of democracy 41 However he said we need to study it thoroughly in order to find out whether the legal framework has been violated 42 Michael Gahler Member of the European Parliament MEP and Vice Chairman of the European Parliament s Foreign Affairs Committee also criticized the act saying Slovak Prime Minister Robert Fico and his coalition partners have yet neither mentally nor politically arrived in Europe 43 Gahler stated that Slovakia is violating commonly respected standards in the EU and is disregarding the recommendations of the Council of Europe which foresee the extended use of minority languages According to Gahler Slovakia risks discrediting itself as an EU member and could again become a totalitarian state if the new provisions are consistently applied He suggested that a modern and open Slovakia communicating and cooperating closely with its neighbours would be better both for the country and its citizens however he does not expect this from the present Slovak government coalition Federal Union of European Nationalities edit nbsp Hans Heinrich Hansen president of the Federal Union of European Nationalities FUEN called the law absurd According to Hans Heinrich Hansen president of the Federal Union of European Nationalities FUEN a language law which makes it a punishable offence to use a language does not belong on the statute books of a European country He said this law is totally absurd 44 and insane 45 FUEN published an article titled The right to one s own native language the language law in Slovakia in which Hansen is quoted as arguing that the authors of the law made their first main error in reasoning by failing to realize that Hungarian is not a foreign language in Slovakia but the native language of around 500 000 Hungarian speaking citizens According to Hansen Slovakia must protect and promote the native language of all its citizens also of its Hungarian speaking citizens 45 Hansen recommended examination of a good example of minority treatment that of the Swedish speaking population in Finland He promised that FUEN will speak in Brussels about the issue of the law 44 Forum Minority Research Institute edit Kalman Petocz of the independent Forum Minority Research Institute in Slovakia told IPS that the law could be seen as an expression of the superiority of Slovaks over all other nationalities in Slovakia He said it only serves to worsen the everyday relations between Slovaks and ethnic Hungarians and also quoted research showing that many young Slovak schoolchildren have prejudiced attitudes towards their Hungarian counterparts 46 Petocz thinks some politicians in the government are clearly nationalist and anti Hungarian however he sees most of the government as just populist who try to find any enemy to pick on and use that to win votes Laszlo Ollos a political analyst of the same institute criticized the law for being too ambiguous in order to give as much power as possible to bureaucrats so that they alone can decide when to apply the law and when not to 46 Demonstrations edit On September 1 ethnic Hungarians of Slovakia held a demonstration in the stadium of Dunajska Streda Hungarian Dunaszerdahely against the law 47 The BBC gives the number of protesters as around 10 000 23 but the Slovak paper Pravda cites only 6 000 48 The event was attended by several hundred extremists mostly Hungarian nationals dubious discuss who expressed their vocal support for a territorial autonomy and chanted Death to Trianon These were not addressed directly nor denounced ex post by the organizing party of SMK and its leader Pal Csaky The attendees also claimed that they were not protesting against Slovaks in general they were protesting the fact that they have no rights whatsoever as a national minority All the major Slovak political parties denounced the meeting as counterproductive feat that will only exacerbate the tension 49 2011 amendments editAfter 2010 elections new government repealed controversial parts introduced by 2009 amendment The Slovak Culture Ministry reported that the amendment has removed nonsensical restrictions and limitations concerning national minorities We claim that the era of fear when citizens were afraid to speak their language in public offices regardless of whether they had a reason to be afraid or not has ended said Bela Bugar chairman of Most Hid after the amendment was agreed 50 See also editHungary Slovakia relationsReferences edit a b ACFC 2022 p 28 29 ACFC 2022 p 28 a b Bartole 2010 I Introduction ACFC 2022 p 5 21 31 41 a b ACFC 2022 p 29 ACFC 2022 p 5 6 28 31 42 45 ACFC 2022 p 8 ACFC 2022 p 8 9 35 39 Bartole 2010 II Background National Council of the Slovak Republic 2020 p 1 Anger as Slovak language law comes into force Euranet eu September 1 2009 Archived from the original on September 4 2012 Retrieved September 4 2009 a b Madaric Lekari nedostanu pokuty za porusenie jazykoveho zakona in Slovak Pravda 2009 06 09 Retrieved 2009 09 10 a b ACFC SR 2005 p 2 3 National Council of the Slovak Republic 2020 p 10 a b Daftary amp Gal 2000 p 20 Gonzalez Roseann Duenas 2001 Language Ideologies Critical Perspectives on the Official English Movement Volume II History Theory and Policy Routledge p 303 ISBN 978 0 8058 4054 4 a b c d Daftary amp Gal 2000 p 21 National Council of the Slovak Republic 2020 p 10 11 a b Orosz Andrea July 21 2009 Nyelvtorveny es felelem Ezt nem lehet Europaban Language law and fear This can t be done in Europe in Hungarian Hirsarok hu Archived from the original on July 25 2009 Retrieved September 4 2009 Int l intellectuals protest against Slovak language law von Tiedemann Cornelius August 13 2009 10 Wissenschaftliche Kritik des slowakischen Sprachengesetzes Archived from the original on February 20 2012 Retrieved 2009 09 04 in German and English Nordschleswiger dk Hungary attacks Slovak language law Archived from the original on July 23 2012 Retrieved 2014 06 03 Euranet eu August 4 2009 a b Protests over Slovak language law BBC News September 2 2009 Retrieved September 4 2009 The Economist Slovakia criminalises the use of Hungarian National council of Slovak republic language law Bajnai A kisebbsegek ugye szent es serthetetlen Archived from the original on 2009 10 08 Retrieved 2010 06 27 a b Kiakasztotta a szlovakokat Balazs Peter Pozsony felhaborodasanak adott hangot Balazs Peter interjujaval kapcsolatban permanent dead link Besokallt a szlovak kulugy Balazs interjuja miatt The new state language law in Slovakia Archived from the original on October 17 2011 Retrieved 2014 06 04 Trudgill Peter 2004 Glocalisation and the Ausbau sociolinguistics of modern Europe PDF In Duszak Anna Okulska Urszula eds Speaking from the Margin Global English from a European Perspective Polish Studies in English Language and Literature 11 Peter Lang ISBN 0 8204 7328 6 permanent dead link Bognar Peter September 2 2009 Balazs Slowakei hat sich ein Eigentor geschossen Balazs Slovakia shot an own goal in German Die Presse Retrieved September 4 2009 permanent dead link Gyurcsany Ferenc September 4 2009 A szlovak nyelvtorvenyrol negy tetelben in Hungarian Kapcsolat hu Retrieved September 4 2009 Vona Gabor A nyelvtorveny europai szintu ugy Gabor Vona The language law is an issue of European level in Hungarian Bumm sk September 1 2009 Retrieved September 4 2009 Statement on the Amendment of the Slovak Language Law this has a link to the list of signatories Hungarian Academy of Sciences Slovak language law violates human rights Politics hu August 26 2009 Archived from the original on August 10 2011 Retrieved September 4 2009 a b Vollebaek S jazykovymi pokutami narabajte opatrne SME sk 2009 07 22 Retrieved 2009 09 10 Az MKP kivancsi a nyelvtorvennyel kapcsolatos levelezesre az EBESZ szel Archived 2011 07 25 at the Wayback Machine SMK vyzvala vladu aby zverejnila celu korespondenciu s Vollebaekom Szlovak nyelvtorveny Budapest udvozli Vollebaek nyilatkozatat HVG in Hungarian 2010 01 04 Opposition mounts to Slovakia s language law European Bureau for Lesser Used Languages July 22 2009 Retrieved September 4 2009 EP President suggests bilateral talks on Slovak Hungarian issues The Slovak Spectator September 3 2009 Retrieved September 4 2009 Gahler Michael July 9 2009 New Slovak language law does not comply with European standards EPP Group of the European Parliament Archived from the original on July 15 2009 Retrieved September 4 2009 a b von Tiedemann Cornelius July 29 2009 Hansen Minderheiten Schikane in der Slowakei ist absurd Hansen Minority harassment in Slovakia is absurd in German Nordschleswiger dk Archived from the original on June 9 2011 Retrieved September 4 2009 a b Jan Diedrichsen August 3 2009 The right to ones sic own native language the language law in Slovakia Federal Union of European Nationalities Archived from the original on February 22 2020 Retrieved September 4 2009 a b Stracansky Pavol July 19 2009 Europe Not the Language to Speak IPS news Archived from the original on August 8 2009 Retrieved September 4 2009 Slovak Hungarians protest at new language law Euronews September 1 2009 Retrieved September 4 2009 Takmer 6000 ľudi protestovalo proti jazykovemu zakonu Pravda 2009 09 01 Retrieved 2009 09 10 Slota strasi madarskou vojnou 2009 09 01 Retrieved 2009 09 10 Cabinet okays language law amendment The Slovak Spectator 4 October 2010 Retrieved 6 August 2019 Bibliography editACFC SR Advisory Committee on the Framework Convention for the Protection of National Minorities Slovak Republic 3 January 2005 Second Report submitted by the Slovak Republic pursuant to Article 25 Paragraph 1 of the Framework Convention for the Protection of National Minorities ACFC SR II 2005 001 Secretariat of the Framework Convention for the Protection of National Minorities FCNM Retrieved 21 March 2023 ACFC Advisory Committee on the Framework Convention for the Protection of National Minorities 2 February 2022 Fifth Opinion on the Slovak Republic Secretariat of the Framework Convention for the Protection of National Minorities FCNM Retrieved 21 March 2023 Bartole Sergio 21 October 2010 CDL AD 2010 035 Opinion on the Act on the State Language of the Slovak Republic Venice Commission Archived from the original on 2012 08 05 Retrieved 21 March 2023 Daftary Farimah Gal Kinga September 2000 The new Slovak language law Internal of external politics PDF ECMI Working Paper No 8 Flensburg Germany European Centre for Minority Issues ECMI ISSN 1435 9812 Retrieved 21 March 2023 Archived version National Council of the Slovak Republic February 2020 Act of the National Council of the Slovak Republic on the State Language of the Slovak Republic PDF Ministry of Culture Slovakia Retrieved 21 March 2023 official English translation of the State Language Act as of February 2020 External links editState Language Act of 1995 National Council of the Slovak Republic 28 September 2010 CDL 2010 076 Act of the National Council NO 270 1995 Coll on the State Language of the Slovak Republic Venice Commission Retrieved 21 March 2023 official English translation of the State Language Act as of 2009 Archived version Principles of Slovak government for implementation of the law 2009 The Language act and minority rights in Slovakia Ministry of Culture of Slovakia Retrieved from https en wikipedia org w index php title Language law of Slovakia amp oldid 1159040159, wikipedia, wiki, book, books, library,

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