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  • Writer's pictureAdmin
    • Jun 10, 2022
    • 3 min read

Self Determination within the European Union


Innumerable stateless Roma people are living within the territories of the European Union making emotional and earnest appeals to hear them out on matters concerning their self-determination and equality which consists of five extensive groups: Roma, Sinti, Kale, Manouches, and Romanichals. It is the primary responsibility of the European Union in this context to reinforce the commitment of Europe to the incorporation and equality of such people regardless of their sexual orientation, religion, ethnicity, age, and race. And the members of the European Commission must ensure the equality and inclusion of Roma people and usher them in the battle against discrimination through the development of anti-discrimination laws although the Anti-Racism and Diversity Intergroup (ARDI) of the European Parliament already covers Roma-related issues.


Self-determination following the international order is regarded as the lawful right of people in being able to decide their future, and it is the key principle of international law which is also incorporated in diverse treaties such as the United Nations and the International Covenant on Civil and Political Rights which is recognized as the right of ‘all people’ which evidentially includes Roma people.


It should be cognizant that, the absenteeism of any particular provision in European Law, and under the European law, that no right is subjected to claims by a state where the Human rights exercise of self-determination of individuals is limited which is affiliated to European people that are stateless within the EU such as the Roma people. Further, Article 10 and Article 11 of the ECHR recognize and shelter the political rights of European individuals which include the freedom of expression and freedom of assembly and association. These freedoms, however, are permitted to be restricted by authorities of the state according to Article 11 of the ECHR which prohibits the diminution in exercising such rights other than the ones prescribed by the law.


In previous accounts, with regards to competence, the European Union (EU) has also efficiently culminated a multitude of international agreements with independent bodies that are not acknowledged as sovereign states. This conception called sovereignty was defined in the Psagot judgment in the Grand Chamber of the European Court of Justice, to be a sovereign body that can exercise one’s sovereignty within its geographical frontiers that is conceded by International Law. Moreover, the term “territories” was defined in the same judgment as ‘geographic regions while under the authority of a state’s international duty, have a separate or distinct status from that state under international law.’ A few examples include the Euro- Mediterranean Interim Association Agreement on trade and cooperation with the Palestine Liberalization Organization (PLO)


and the Stabilization and Association Agreement with Kosovo in which the EU directly expressed that it does not acknowledge Kosovo to be an independent state.



The European Commission’s feasibility study has also further explicitly clarified that the European Union’s magnitude in concluding international agreements are not restricted to states that are generally acknowledged as an independent. The only precondition is that both judicial and political authorities of third parties can make certain that the terms of the agreement are honored and applied.


It is apparent with regards to the above-stated laws and factuality, that the European Union and the United Nations together have a monumental capacity in certifying and apprehending the Roma Nation or any form of ‘self-government’ for that matter as an International Organization which has the ability and capability in being able to enter into a treaty with another Organization which would permit semi-autonomy in allowing people of Roma to govern themselves under the Internal Self Determination Principal within the borders of the European Union. And this goes beyond international agreements adopted by the European Commission such as the EU Roma Strategic Framework for Equality, Inclusion and Participation and Council recommendations adopted by member states which are not sufficient in bringing justice to Roma People in the promotion of their capacity, rights to equality, and self determination.

References:







  • Communication from the Commission to the European Parliament and the Council, Feasibility Study for a Stabilisation and Association Agreement between the European Union and Kosovo*, com (2012) 602 final, 3




  • Euro- Mediterranean Interim Association Agreement on Trade and Cooperation between the European Community, of the one part and the Palestine Liberation Organization (plo) for the benefit of the Palestine Authority of the West Bank and the Gaza Strip, of theother part, oj (1997) l 187/ 3.











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